STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
JANUARY 18, 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, January 18, 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 January 4, 2005 minutes as circulated; Councilmember McGuffin seconded the motion and all voted 'aye'.

A public hearing was held on the plans of service and progress reports for the nineteen (19) annexations listed below in accordance with Section 21(a) of Chapter 1101.1. {There were no public comments during the hearing.}
Ordinance No. 3096 properties lying between Pope Road, Snyder Road, Lorino Park Road and East Morris Blvd.;
Ordinance No. 3110 properties on the east side of Collinson Ford Road;
Ordinance No. 3111 property at East Morris Blvd. and Carroll Road;
Ordinance No. 3125 Wallace properties on the east and west sides of South Davy Crockett Parkway near Exit 8;
Ordinance No. 3126 Parkway Inn property at 5326 S. Davy Crockett Pkwy.;
Ordinance No. 3133 4633 S. Davy Crockett Pkwy.;
Ordinance 3134 properties in vicinity of Fish Hatchery Road, S. Cumberland and north of Hwy 160;
Ordinance No. 3143 property on Kidwell’s Ridge Road south of Martha’s Vineyard;
Ordinance No. 3144 certain properties on West Sunset Hills Drive;
Ordinance No. 3174 annexation and zoning classification of property between Carroll and Snyder Roads (property at 328, 332 & 342 Carroll Road and parts of the rights-of-way);
Ordinance No. 3175 annexation & zoning classification of property off West Andrew Johnson Hwy.;
Ordinance No. 3180 annexation & zoning classification of the back portion of property off Pine Haven Drive;
Ordinance No. 3183 annexation of Smokerise Subdivision;
Ordinance No. 3184 annexation of properties located in the Old Liberty Hill Road and Brights Pike areas;
Ordinance No. 3185 annexation of properties located in Shady Woods Road area;
Ordinance No. 3186 annexation of properties located in North Haun Drive, Fulton and Bell Road areas;
Ordinance No. 3187 annexation of Cambridge Subdivision on McGinnis Road;
Ordinance No. 3188 Spout Springs Road annexation; and
Ordinance No. 3195 annexation and zoning classification of the property located at 492 West Sunset Hills Drive.

Councilmember Senter made a motion to award the Insurance Broker Services Contract to Northwestern Mutual/Strategic Employee Benefit Services; Councilmember Rooney seconded the motion. Upon roll call Councilmembers Jinks, Rooney, Senter, Trent and Mayor Johnson voted 'aye'; Councilmember McGuffin voted 'no'; and Councilmember Thompson 'abstained'.

Councilmember Jinks made a motion to adopt the following Resolution No. 2-05; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Resolution No. 2-05
A Resolution Consenting to the Industrial Development Board of the City of Morristown, Tennessee, Negotiating and Accepting Payments in Lieu of Ad Valorem Tax with respect to Projects in the City of Morristown, Tennessee, and finding that such Payments are deemed to be in furtherance of the Public Purposes of the Board as defined in Tennessee Code Annotated Section 7-53-305.

WHEREAS, the City Council (the 'Governing Body') of the City of Morristown, Tennessee (the “City”) has met pursuant to proper notice; and

WHEREAS, the City has previously authorized the incorporation of The Industrial Development Board of the City of Morristown, Tennessee (the 'Board') as an industrial development board duly organized and existing under the provisions of Title 53 of Chapter 7, Tennessee Code Annotated; and

WHEREAS, the Board has informed the Council that it expects economic development prospects to request the Board to hold title to certain real and personal property and to lease such property to such economic development prospects; and

WHEREAS, under the terms of such leases, the Board expects to be requested to include provisions relating the lessees making payments in lieu of ad valorem taxes; and

WHEREAS, Tennessee Code Annotated Section 7-53-305(b) authorizes the City to delegate to the Board the authority to negotiate and accept from the lessees of the Board payments in lieu of ad valorem tax upon the finding that such payments are deemed to be in furtherance of the public purposes of the Board as defined in said Code Section.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Morristown, Tennessee, as follows:

1. The Governing Body hereby finds that the negotiation and acceptance by the Board of payments in lieu of ad valorem taxes consistent with this Resolution are deemed to be in furtherance of the public purposes of the Board as defined in Tennessee Code Annotated Section 7-53-305, and the Governing Body hereby consents and delegates to the Board the right to negotiate and accept such payments from lessees of the Board, provided, however, that this delegation shall only extend to the negotiation of agreements with lessees that are primarily engaged in manufacturing and/or distribution or other activities approved by the Governing Body.

2. The Board shall keep the Mayor and City Administrator of the Governing Body fully informed on all such negotiations at the time negotiations commence and at regular intervals during the negotiation process.

3. The Board’s agreement with its lessees concerning payments in lieu of ad valorem taxes may contain such administrative provisions not inconsistent with this Resolution as the Board deems appropriate.

4. All other resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed and this Resolution shall be in effect from and after its adoption.

Adopted this 18th day of January 2005.

____________________________
Mayor
ATTEST:

____________________________
City Administrator

Councilmember Thompson made a motion to adopt the following captioned Ordinance No. 3203 on first reading and schedule a public hearing relative to final passage of said Ordinance for February 1, 2005. Councilmember Trent seconded the motion. Upon roll call, Councilmembers McGuffin, Rooney, Senter, Thompson, Trent and Mayor Johnson voted 'aye'; Councilmember Jinks voted 'no'.

Ordinance No. 3203
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Tennessee, Appendix B. {Rezoning of property at 708 Forest Drive from Single Family Residential (R-1) to Office, Medical and Professional Restricted (OMP-R).}

Councilmember Thompson made a motion to adopt the following captioned Ordinance No. 3204 on first reading and schedule a public hearing relative to final passage of said Ordinance for February 1, 2005. Councilmember McGuffin seconded the motion; and upon roll call, all voted “aye”.

Ordinance No. 3204
Entitled an Ordinance to amend Section14-2904 – General Provisions and Section 14-2906 – Permitted Signs by Zoning District, Chapter 29 (Zoning Ordinance) of Title 14 of the Morristown Municipal Code by deleting the sections in their entirety and substituting new sections therefor. {Amendment to the Sign Ordinance.}

CITY COUNCIL CONVENED AS THE BEER BOARD.

Councilmember Thompson made a motion to grant an Off-Premise Beer Permit to the Little Dandy Market, 1635 South Cumberland Street. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson adjourned the January 18, 2005 City Council meeting.

_____________________________
Mayor
ATTEST:
____________________________
City Administrator