STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
FEBRUARY 15, 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, February 15, 2005 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Kay Senter, William Thompson and Rick Trent.

Councilmember Jinks made a motion to approve the February 1, 2005 minutes as circulated; Councilmember Thompson seconded the motion and upon roll call, all voted 'aye'.

A public hearing was held on the following captioned Ordinance No. 3206. Councilmember Jinks made a motion to adopt Ordinance No. 3206 on second and final reading; Councilmember Thompson seconded the motion. Upon roll call, all voted 'aye'.
Ordinance No. 3206 Entitled an Ordinance to Close and Vacate certain rights-
of-way within the City of Morristown. {Closing the undeveloped right-of-way known as Kyle Street, off Gilbert Street.}

Councilmember Rooney made a motion to award the Engineering Services Contract for the Jones Franklin Road Sanitary Sewer Extension to Hatfield & Allen Associates in the amount of $39,917. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Councilmember Thompson made a motion to award the Engineering Services Contract for the Fire Station #6 Sanitary Sewer Extension to Hodge Engineering in the amount of $45,066. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

Councilmember Thompson made a motion to approve an annual budget amendment for the operation the Turkey Creek Wastewater Treatment Plant by Veolia Water, subject to legal review. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

Councilmember Senter made a motion to award the bid for six Mobile Data Terminals to Central Communications & Electronics in the amount of $63,813.60. Councilmember Trent seconded the motion and upon roll call, all voted 'aye'.

Councilmember Rooney made a motion to adopt the following captioned Ordinance No. 3207 on first reading and schedule a public hearing relative to final passage of said Ordinance for March 1, 2005. Councilmember Thompson seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3207
Entitled an Ordinance to annex certain territory and to incorporate same within the corporate boundaries of the City of Morristown, Tennessee. (Annexation and Zoning Classification of property on Old Liberty Hill Road, between North Davy Crockett Parkway and Reed’s Chapel Road.)

Councilmember Thompson made a motion to adopt the following captioned Ordinance No. 3208 on first reading and schedule a public hearing relative to final passage of said Ordinance for March 1, 2005. Councilmember Trent seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3208
Entitled an Ordinance to annex certain territory and to incorporate same within the corporate boundaries of the City of Morristown, Tennessee. {Annexation and Zoning Classification of property at 315 and 323 Carroll Road (lots 3 &4 of Wolfenbarger property)}.

Councilmember Thompson made a motion to adopt the following captioned Ordinance No. 3209 on first reading and schedule a public hearing relative to final passage of said Ordinance for March 1, 2005. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3209
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Tennessee, Appendix B. {Rezoning of property along West Andrew Johnson Highway at Barker Street from Office, Medical and Professional (OMP) to Intermediate Business (IB)}.

Councilmember Thompson made a motion to declare the JUGS softball pitching machine, machine balls and batting cage net from Sherwood Park as surplus property and to donate said property to the East High Softball Booster Club. Councilmember Rooney seconded the motion and all voted 'aye'.

Councilmember Senter made a motion to approve the following Letter of Agreement between Walter Wise and the City of Morristown relative to redevelopment of the former Morristown College property. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

LETTER OF AGREEMENT BETWEEN WALTER WISE AND THE CITY OF MORRISTOWN

This agreement sets forth the general business terms under which Walter Wise (Developer) and the City of Morristown (City) would cooperate in redeveloping the former Morristown College property of approximately 52 acres. Mr. Wise has proposed a general development plan for the property that would address a largely abandoned area, provide facilities for many diverse businesses and the workplace for new jobs. The City is interested in seeing the property redeveloped for similar reasons, including the enhancement of the local tax base and to improve the attractiveness of the community. Both Developer and City have expressed an interest to work comprehensively together in reaching a public-private partnership to achieve both parties’ goals and objectives. The basis of such a partnership would be an investment ratio of approximately equal amounts, as jointly agreed by the parties, prior to the beginning of the redevelopment.

PARTIES TO AGREEMENT

Developer/Investor:

A Tennessee Limited Partnership yet to be established, which will develop, construct, manage and own the property. President of the Corporate General Partner of the partnership will be Walter B. Wise. The main office of the Wise businesses is 1709 MidPark Drive, Suite A-2 Knoxville, Tennessee 37921.

City:

City of Morristown, a Tennessee municipality, incorporated in 1855.

PREMISES

Shall include the current campus site with the possible addition of properties along Branner, Blair and Carriger Streets. It is the Developer’s intention, after a master plan of the area, to see what properties, if any, could possibly fit into the redevelopment plan. City agrees to provide reasonable assistance in the purchase of other property which would be advantageous to adding to the campus, following City Council approval of specific tracts.

At such time as purchase is consummated, the City and Developer shall agree to the following:
DEVELOPER OBLIGATIONS

1. Purchase property.
2. Fence existing buildings, in specific the Laura Yard Hill Administration Building, to deter additional loss.
3. Additional weatherization of the Hill Administration Building to prevent further structural damage.
4. Refine conceptual site plan and develop concepts for existing and new facilities. Develop plans to continue the “campus like” atmosphere of the property. Plan when possible for the adaptive reuse of existing buildings. Particular emphasis will be given to the architectural features in order to maintain as much of the integrity of the original design as feasible.
5. Prepare literature from concepts and make multiple presentations to public groups. Seek input as to community needs and the highest and best use of property.
6. Contribute right-of-ways for construction of boulevard roadway.
7. Contribute approximately 8 acres in the general location shown on the concept plan for the construction of a City Recreation Center.
8. Provide landscaping in the median of a boulevard entrance street, along edge of right-of-way and at other selected locations.
9. Construct entrance pillars at two locations to announce arrival into campus.
10. Construct a water feature or other prominent architectural feature in the center of a roundabout to be built as part of the boulevard entrance to the property.
11. Repair any existing chimes and carillon in administration building or replace with new equipment. 12. Continually market property for ongoing development and build as needs emerge.

At such time as purchase is consummated, the City and Developer shall agree to the following:

CITY'S OBLIGATIONS

1. Assist Developer in having property assessed by the Hamblen County Assessor for real estate taxation at the purchase price plus the cost of improvements.
2. Rezone the property to a general commercial designation that will permit the best mix of office, retail and residential uses.
3. Assist Developer with any needed subdivision of the property in the best manner to meet local codes and ordinances.
4. Design and construct a boulevard entrance from North Cumberland Street (State Route 343) to a designated point in the property. The street will be constructed with curb and gutter, underground utilities and a roundabout at the end of the public street. Water and sewer taps will be installed at planned locations during the initial construction phase. Distinctive street lighting will be included during the initial construction phase. Precise locations of the roadway, utilities, grades, taps and other construction details will be mutually agreed upon by the Developer and the City.
5. Begin the design and construction of a Community Recreation Facility on the acres donated to City by the Developer. At a minimum, the City will construct an outdoor swimming pool complex designed for current needs and expandable for future requirements. The City will also construct as part of this project either an indoor swimming facility or some other portion of a community recreation center up to a budget maximum of $3,500,000.

For demonstration purposes only, a possible budget based upon the basis of an investment ratio of approximately equal amounts is presented. An actual project budget, as jointly agreed by the parties, will be adopted prior to the beginning of the redevelopment project.

Morristown College Neighborhood Revitalization Project
Phase One

Wise's Responsibility City's Responsibility

Purchase real estate $800,000
Donate 8 acres to City $125,000
Construct boulevard entrance street $600,000
Master Site Planning $100,000 Community Center Site Planning $20,000
Weatherization of Administration Building $150,000 Construction of Olympic Pool and Fun pool $2,400,000
Renovation of existing or construction of new space $1,845,000

Subtotal of investment $3,020,000 $3,020,000

This document is to reduce to writing the matters discussed by the Developer and the City, to indicate each party's intent to move forward with more detailed and precise agreements and contracts and to serve as a general outline for additional considerations in the future. This agreement is subject to approval by the City Council and Mr. Wise and does not bind either party to perform or not perform any specific act set forth herein.

Mayor Johnson adjourned the February 15, 2005 City Council meeting.

_____________________________
Mayor

ATTEST:

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City Administrator