STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
AUGUST 2, 2005

The City Council for the City of Morristown, Hamblen County, Tennessee, met in regular session at the regular meeting place of the Council in the Morristown City Center at 4:00 p.m., Tuesday, August 2, 2005 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Kay Senter, Rick Trent and Mel Tucker.

Councilmember Jinks made a motion to adopt the July 19, 2005 minutes as circulated; Councilmember Rooney seconded the motion and all voted “aye”.

Mayor Johnson announced that he will appoint a committee to look into the beer ordinance and determine what or if changes need to be made. The Committee will consist of nine members – one from Grocery/C-Stores, one from Real Estate/Development, one from restaurants, two members of City Council, two members from the Faith Community (one of which will be selected by the Morristown Ministerial Association), one from education and one parent representative. The Committee will present a majority report within 90 days (the minority may also present a report if they wish). The Committee meetings will be held at City Center and open to the public.

A public hearing was held on the following Resolution No. 20-05. Councilmember Jinks made a motion to adopt Resolution No. 20-05; Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.

RESOLUTION NO. 20-05
PLAN OF SERVICES

RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED ALONG EAST ANDREW JOHNSON HIGHWAY, JAYBIRD ROAD AND ELWOOD DRIVE.

WHEREAS, TENNESSEE CODE ANNOTATED, TITLE 6, CHAPTER 51, AS AMENDED REQUIRES THAT A PLAN OF SERVICES BE ADOPTED BY THE GOVERNING BODY.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND COUNCIL OF THE CITY OF MORRISTOWN, TENNESSEE:
Starting at the intersection of Parcel 177.02, 177.00, Map 25 and the right-of-way of State Road 11E (East Andrew Johnson Highway) following a northwesterly direction along the common boundary line shared by Parcels 177.02 and 177.00, Map 25; thence continuing in a northwesterly direction along the common boundary line shared by Parcels 177.01 and 177.00, Map 25 to the north eastern corner of Parcel 177.01, Map 25 and the north western corner of Parcel 177, Map 25; thence in a southwesterly direction following the common boundary line shared by Parcel 16, Map 26 and Parcel 177.01, Map 25 to a point identified as the intersection of Parcel 16, Map 26, Parcel 177.01, Map 25 and Parcel 24.00, Map 25-M, Group G; thence in a northerly direction along the western boundary line of Parcel 16, Map 26 to the intersection of the right-of-way of Elwood Drive; thence in a western direction to a point of intersection by Parcel 17.01, Map 25, Group G, Parcel 154.00, Map 25 and the right-of-way of Elwood Drive; thence in a northeasterly direction following the northern boundary line of the Elwood Drive Right-of-way to the current boundary of the Elwood Drive right-of-way with the City of Morristown corporate limits; thence in a southerly direction along the common boundary line shared by Parcels 16.01 and 16.00, Map 26 to the southwest corner of Parcel 16.01 and 16.00, Map 26 to a point at the intersection of Parcels 16.01, 16.00, Map 26 and the right-of-way of Jaybird road; thence in a south easterly direction to a point identified as the intersection of Parcels 16.00, 16.05 and 16.04, Map 26; thence in a southwestern direction along the common boundary line shared by Parcels 16.05 and 16.04, Map 26 to the right-of-way of State Road 11E (East Andrew Johnson Highway); thence in a south westerly direction along the northern boundary line of the right-of-way of State Road 11E (East Andrew Johnson Highway) along the common boundary lines shared by the right-of-way and Parcels 16.00, 16.04, Map 26 and Parcel 177.00, Map 25 to a point identified as the intersections of Parcel 177.01, Map 25, Parcel 16.00, Map 26 and the right-of-way of State Road 11E (East Andrew Johnson Highway).

Section I. Pursuant to the provisions of Title 6, Chapter 51, Tennessee Code Annotated, there is hereby adopted, for the area bounded as described above, the following plan of services.

a. Police
1. Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided upon the effective date of annexation.

2. Traffic signals, traffic signs, street markings and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards.

b. Fire
Fire protection by the present personnel and the equipment of the fire fighting force, within the limitations of available water and distances from fire stations, will be provided upon the effective date of annexation.

c. Water
1. Water for potable use will be provided in accordance with current policies of the Morristown Utility Commission unless located in an area in which another utility district has made service available and asserts Title 7 USC 1926b protection in the annexed area.

2. Water for fire protection to serve the substantially developed annexed area(s) will be provided in accordance with current policies of Russellville-Whitesburg Utility District unless authorized by franchise agreement with another utility district which has made service available with capability to meet City of Morristown Fire Protection Standards. Any extension of water system infrastructure beyond that of the Morristown Utility Commission policies shall be at the expense of the property owner or developer.

3. In those parts of the annexed area that are currently served by another utility district, the above conditions and terms will begin upon acquisition of service area by Morristown Utility System or approval of franchise agreement with another utility district which may be delayed by negotiation and/or litigation.

d. Sewers
The necessary collecting, intercepting and trunk sewers to serve the substantially developed annexed area(s) shall be in accordance with the current policies of the city. Any extension of said sewers beyond that of the city’s policies shall be at the expense of the property owner or property developer.

e. Electrical
1. Electrical service for domestic, commercial and industrial use will be provided at rates for new lines as extended in accordance with current policies of Appalachian Electric Cooperative.

2. In those parts of the annexed area presently served by another utility cooperative, the above conditions or terms will begin with the acquisition by the city of such cooperatives or parts thereof, which may be delayed by negotiations and/or litigation.

f. Refuse Collection
The same regular refuse collection service now provided within the city will be extended to the annexed area upon the effective date of annexation.

g. Streets
1. Routine maintenance, on the same basis as in the present city, will begin in the annexed area when funds from the State gasoline tax based on the annexed population are received (usually July 1 following the effective date of annexation).

2. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under current policies of the city.

h. Inspection Services
Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, weights and measures, sanitation, etc.) will begin upon the effective date of annexation.

i. Planning and Zoning
The planning and zoning jurisdiction of the city will apply to the annexed area in conjunction with the effective date of annexation. The recommended zoning classifications for this area is Medium Density Residential (R-2) - Parcel 17.03, Map 25 addressed as 3592 Elwood Drive and 11.95-acre tract subdivided from Parcel 16, Map 26 on a recorded plat by Shockley Land Surveying titled “T.G. Carlyle portion of Whetsel & Sanders Property” dated on May 9, 2005 and Intermediate Business District (IB) – Parcel 16.04, Map 26 addressed as 4185 East Andrew Johnson Highway (State Road 11E), Parcel 177.00, Map 25 addressed as 3785 East Andrew Johnson Highway (State Road 11E), Lot 1 (3.83 acre tract) and Lot 2 (3.05 acre tract) of a recorded subdivision plat by Billy G. Knight titled “The Linda Whetsel & Joanna Sanders Subdivision” recorded on February 16, 2005 out of parent tract Parcel 16, Map 26 and Agriculture - Forestry District (A-1) – Remainder of Parcel 16, Map 26 not yet subdivided and addressed off of East Andrew Johnson Highway (State Road 11E) and Parcel 16.02, Map 26 addressed as 3855 East Andrew Johnson Highway.

j. Street Lighting
Street lights will be installed under the standards currently prevailing in the existing city.

k. Recreation
Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now used in the present city will be followed in expanding the recreational program and facilities in the enlarged city.

l. Miscellaneous
Street name signs where needed will be installed as new street construction requires.

Section II. This Resolution shall become effective from and after its adoption.

Passed on this 2nd day of August 2005.

________________________________
Mayor

ATTEST:
________________________________
City Administrator
A public hearing was held on the following captioned Ordinance No. 3225. Councilmember Jinks made a motion to adopt Ordinance No. 3225 on second and final reading. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.

Ordinance No. 3225
Entitled an Ordinance to Annex and designate the Zoning Classification of certain territory and to incorporate same within the Corporate Boundaries of the City of Morristown, Tennessee. {Annexation and Zoning Classification of property along East Andrew Johnson Highway, Jaybird Road and Elwood Road as Medium Density Residential (R-2); Intermediate Business (IB); and Agriculture & Forestry District (A-1).}

A public hearing was held on the following captioned Ordinance No. 3226. Councilmember McGuffin made a motion to adopt Ordinance No. 3226 on second and final reading. Councilmember Jinks seconded the motion and upon roll call, all voted “aye”.

Ordinance No. 3226
Entitled an Ordinance to Close and Vacate certain Rights-of-Way within the City of Morristown. {Closure of the undeveloped right-of-way known as Barron Circle and located between Parcels 36 and 21, Group A, Hamblen County Tax Map 33-E.}

A public hearing was held on the following captioned Ordinance No. 3227. Councilmember Senter made a motion to adopt Ordinance No. 3227 on second and final reading. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.

Ordinance No. 3227
Entitled an Ordinance to amend the Morristown Municipal Code, Title 14, Chapter 10 (Zoning Ordinance), Section 14-1002 – Uses Permitted and Section 14-1003 – Uses Permitted on Review, by adding/deleting certain uses to Sections 14-1002 and 14-1003. {Uses Permitted in the Intermediate Business (IB) District.}

Councilmember Jinks made a motion to award the bid for the communications tower to Radian Communication Services in the amount of $72,718 subject to the final survey of the site and a subsurface investigation. Councilmember Tucker seconded the motion and upon roll call, all voted “aye”.

Councilmember Rooney made a motion to approve a supplement to the Wilbur Smith Associates Engineering Contract for the East First North Street Project for geo-technical investigations in an amount not to exceed $45,000. Councilmember Senter seconded the motion and upon roll call, all voted “aye”.

Councilmember Rooney made a motion to approve a supplement to the Wilbur Smith Associates Engineering Contract for the East First North Street Project for engineering inspection services in an amount not to exceed $115,000. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.

Councilmember Senter made a motion to award the bid for the roll-out carts to CMI in the amount of $17,520 ($48 each). Councilmember Tucker seconded the motion and upon roll call, all voted “aye”. (The two lower bids did not meet specs – cans were not repairable.)

Councilmember Jinks made a motion to accept Mayor Johnson’s nomination of Harold Nichols to serve another term on the Morristown Utility Commission. {Five year term to expire August 1, 2010.) Councilmember Tucker seconded the motion and all voted “aye”.

Councilmember Jinks made a motion to authorize staff to have deeds drawn and executed for a property exchange with Dr. Wayne McLemore for property adjacent to Martin Luther King, Jr. Park. Councilmember Rooney seconded the motion and upon roll call, all voted “aye”.

Councilmember Rooney made a motion to deny the request from the Hamblen County Legislative Body asking the City to use the lower city rate for billing those county residents who are connected to the sewer in those instances where the costs of construction and extension of the city sewer have been paid for through a grant secured by the County. Councilmember Jinks seconded the motion and upon roll call, all voted “aye”. The City Administrator will draft a response to the County Commission with recommended guidelines for future CDBG funded sewer projects. {Administrator Crumley recommended that City Council not accept the next County CDBG funded project unless City staff is involved in the process from the beginning – design, inspection and installation.}

CITY COUNCIL CONVENED AS THE BEER BOARD.

Councilmember Rooney made a motion to grant an Off-Premise Beer Permit for the One Stop Market located at 2531 East Morris Blvd. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.

Mayor Johnson adjourned the August 2, 2005 City Council Meeting.

_____________________________
Mayor

ATTEST:

_______________________________
City Administrator