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STATE OF TENNESSEE 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, June 7, 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.
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
June 7, 2005
Councilmember Jinks made a motion to approve the May 17, 2005 minutes as circulated; Councilmember Rooney seconded the motion and upon roll call, all voted “aye”.
Mayor Johnson presented Boy Scouts Explorer Post #784 with a Proclamation recognizing their winning the 2005 Explorer Weekend State Championship.
Administrator Crumley read a Proclamation designating June as Homeownership month.
A public hearing was held on the following Resolution No. 14-05. Councilmember Jinks made a motion to adopt Resolution No. 14-05; Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
RESOLUTION NO. 14-05
PLAN OF SERVICES
RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTY LOCATED AT 788 CENTRAL CHURCH ROAD.
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:
Beginning at a point in a curve to the left, and in the western right-of-way line of Central Church Road, said point is also at the eastern boundary line of West End Mobile Park, said point is also at an intersecting point tangent to the intersection of the eastern margin of Central Church Road and the southern property line of Parcel 18, Group F, Hamblen County Tax Map 40-D (Lot 17 of West View Woods 2 S/D); thence from said point of beginning in the western property line of Central Church Road, in a northwesterly direction, a distance of approximately 350 feet to a point still in said right-of-way line, said point is at an intersecting point with the western property line of Parcel 80.01, Hamblen County Tax Map 40-D if extended across Central Church Road; thence from said point, going in a northerly direction, crossing Central Church Road and continuing along the western property line of Parcel 80.01, Hamblen County Tax Map 40, a distance of approximately 264 feet to a point at the northwest corner of said parcel; thence turning and going in an easterly direction along the northern property line of Parcel 80.01, a distance of 194 feet to point at its northeast corner; thence turning and going in a southerly direction along the eastern line of said parcel, a distance of 224 feet to a point at its southeast corner, said point also being in the eastern margin of Central Church Road; thence with said right-of-way margin, going in a southeasterly direction, a distance of approximately 155 feet to a point of intersection with the northern margin of White Oak Circle, said point is also at southwest corner of Parcel 18, Group F, Hamblen County Tax Map 40-D (Lot 17 of West View Woods 2 S/D); thence from said point, with a line crossing Central Church Road in a westerly direction, a distance of approximately 45 feet to the point of Beginning.
The above description is furthermore known as Parcel 80.01, Hamblen County Tax Map 40, and a portion of the right-of-way of Central Church Road.
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 Morristown Utility Commission 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 city rates for new lines as extended in accordance with current policies of Morristown Utility Commission.
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 staff recommends a zoning classification of Agriculture-Forestry District (A-1) to the designated annexation area.
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 7th h day of June 2005.
________________________________
Mayor ATTEST:
_________________________________
City Administrator
A public hearing was held on the following captioned Ordinance No. 3216. Councilmember Jinks made a motion to adopt Ordinance No. 3216 on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
Ordinance No. 3216
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 located at 788 Central Church Road as Agriculture-Forestry District (A-1).}
A public hearing was held on the following Resolution No. 15-05. Councilmember Jinks made a motion to adopt Resolution No. 15-05; Councilmember Senter seconded the motion and upon roll call, all voted “aye”.
RESOLUTION NO. 15-05
PLAN OF SERVICES
RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED IN WEST SUNSET HILLS SUBDIVISION.
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:
Beginning at a point in the existing corporate limit line, being at the intersection of the northern property line of Parcel 5, Group A, Hamblen County Tax Map 40-L, (Lot 49 of Sunset Hill Subdivision) and western property line of Parcel 6, Group A, Hamblen County Tax Map 40-A (Lot 48), said point of intersection is also in the western boundary line of Sunset Hills Subdivision, and is furthermore at the northwest and southwest corner of Parcels 5 and 6 respectively; thence from said point of beginning, going in a northerly direction along the western boundary line of Sunset Hills Subdivision, being along the western property line of Parcel 6-13, and part of 14, (Lots 40-R thru 48) a distance of approximately 1,040 feet to a point in the western line of Parcel 14, (Lot 40-R); thence from said point, leaving said western boundary line and going in an easterly direction, crossing Standifer Lane and continuing along the northern property line of Parcel 14, (Lot 40-R), a distance of approximately 485 feet to a point in the eastern boundary line of Sunset Hills SUBDIVISION, said point also being at the northwest corner of Lot 22 of Echo Hills Ext. 1; thence turning and going in a southeastward direction, along the eastern boundary of Sunset Hills Subdivision, a distance of 1,048 feet to a point at the northeast corner of Parcel 22, Group A, Hamblen County Tax Map 40-L, (Lot 30 of Sunset Hills Subdivision); thence turning and going in a westerly direction, along the northern property line of Parcel 22, crossing East Sunset Hills Drive, and along the northern property line of Parcel 13, Group B, Hamblen County Tax Map 40-L, (Lot 65 of Sunset Hills Subdivision), a distance of approximately 530 feet to a point at the northwest corner of said parcel; thence turning and going in a northerly direction, along the eastern property line of Parcel 5, Group B, Hamblen County Tax Map 40-L, (Lot 57 of Sunset Hills Subdivision), a distance of 104.3 feet to a point at its northeast corner; thence turning and going in a westerly direction along the northern property line of said parcel and crossing the right-of-way of West Sunset Hills Drive, a distance of approximately 220 feet to a point in the western margin of West Sunset Hills Drive; thence in a southerly direction with said margin, a distance of approximately 125 feet to a point still in said right-of-way, said point is furthermore noted as the northeast corner of Parcel 5, , Group A, Hamblen County Tax Map 40-L, (Lot 49 of Sunset Hills Subdivision); thence turning in a westerly direction and leaving said right-of-way margin, and going along the northern property line of said parcel, a distance of 140 feet to the point of Beginning.
The above description furthermore being known as Lots 31-48 and Lots 58-64 of Sunset Hills Subdivision.
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 Morristown Utility Commission 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 city rates for new lines as extended in accordance with current policies of Morristown Utility Commission.
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 staff recommends a zoning classification of Medium Density Residential (R-2) to the designated annexation area.
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 7th day of June 2005.
________________________________
Mayor
ATTEST:
________________________________
City Administrator
A public hearing was held on the following captioned Ordinance No. 3217. Councilmember Jinks made a motion to adopt Ordinance No. 3217 on second and final reading. Councilmember Rooney seconded the motion and upon roll call, all voted “aye”.
Ordinance No. 3217
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 the remaining properties located in West Sunset Hills Subdivision as Medium Density Residential (R-2).}
A public hearing was held on the following captioned Ordinance No. 3219.
Councilmember Jinks made a motion to adopt Ordinance No. 3219 on second and final reading. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
Ordinance No. 3219
Entitled an Ordinance to amend the Municipal Code of the City of Morristown, Tennessee, Appendix B. {Rezoning of Lot 54 of Knollwood Heights Subdivision from Medium Density Residential (R-2) to Intermediate Business (IB)).}
A public hearing was held on the following captioned Ordinance No. 3220. Councilmember Jinks made a motion to adopt Ordinance No. 3220 on second and final reading. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
Ordinance No. 3220
Entitled an Ordinance to close and vacate an undeveloped right-of-way within the City of Morristown. {Closing the undeveloped right-of-way off Overlook Drive.}
Councilmember Senter made a motion to adopt the following Resolution No. 16-05; Councilmember McGuffin seconded and upon roll call, Councilmember Rooney “abstained” and all others voted “aye”.
RESOLUTION NO. 16-05 A RESOLUTION REGARDING ANNEXATION AND ZONING CLASSIFICATION OF PROPERTY ON THOMPSON CREEK ROAD.
WHEREAS, the City of Morristown and Shopping Center Developers, LLC have been working together to find a mutually agreeable solution to Shopping Center Developers need for annexing and zoning approximately 110 acres on Thompson Creek Road in Morristown; and
WHEREAS, it is the Developers intention to acquire the land and to develop part of the land as a shopping center and part into high density residential; and
WHEREAS, to accomplish that goal, the Developer desires the City’s commitment to annex and appropriately zone the property; and
NOW, THEREFORE, the City of Morristown resolves to annex and appropriately zone the subject property at its regular meeting of June 21, 2005;
FURTHER RESOLVED, through its professional staff, City will continue to work with the Developer toward approving water, sewer and traffic access plans by December 31, 2005;
City shall maintain the right, at the City’s sole discretion, to de-annex the subject property at the time options of the Developer for purchase have expired or June 30, 2007 if no construction has taken place, whichever first occurs.
Adopted during regular session of City Council this 7th day of June 2005.
____________
Mayor
ATTEST:
______
City Administrator
With no objection from City Council a resolution relative to supporting the Memphis to Bristol rail connection was added to the agenda.
Councilmember Senter made a motion to adopt the following Resolution no. 17-05; Councilmember Rooney seconded the motion and upon roll call, all voted “aye”.
RESOLUTION NO. 17-05
A RESOLUTION ENCOURAGING THE INCLUSION
OF THE MEMPHIS TO BRISTOL RAIL CONNECTION
IN THE STATE OF TENNESSEE’S MULTIMODAL TRANSPORTATION SYSTEM.
WHEREAS, the Tennessee Department of Transportation (TDOT) is now preparing a 25-Year, Long-Range Multimodal Transportation Plan and is actively seeking input on that plan from local governments; and
WHEREAS, TDOT has indicated that the State’s future transportation system must allow for all of the modes of transportation to work together in an optimal way which provides mobility for freight and for people in a cost-effective manner; and
WHEREAS, growth trends in freight movements and changes in the demographic structure of Tennessee’s population indicate that Tennessee must make adjustments in transportation programs to meet the mobility needs of the future; and
WHEREAS, the highway corridor formed by Interstate Highway 40 (I-40) and Interstate Highway 81(I-81), stretching from Memphis to Bristol, links population centers which, together, comprise over 60 percent of Tennessee’s population; and
WHEREAS, I-40 and I-81 are currently carrying a volume of heavy truck traffic which is 100% greater than anticipated in the original design of these highways; and
WHEREAS, approximately fifty per cent of the heavy truck traffic on non-urban sections of these interstate highways is comprised of long-distance trucks moving between origins and destinations which are outside of Tennessee; and
WHEREAS, Tennessee should take deliberate steps to conserve the remaining effective roadway capacity of I-40 and I-81 to benefit in-state economic interests and to provide for the mobility of citizens of Tennessee; and
WHEREAS, the enormous costs of widening all of I-40 and all of I-81 to 6 or more traffic lanes can be phased in over a longer period of time if long-distance freight movements can be encouraged to divert to movement on the parallel railroads; and
WHEREAS, the improvement of railroads to encourage their use for intermodal freight will also create new rail capacity which could be used in the future to accommodate passenger trains for intercity travel; and
WHEREAS, the TDOT Rail System Plan, completed in 2003, has already shown that a Memphis to Bristol Railroad Connection for freight and passengers could be built to provide for passenger trains and to provide a significant diversion of I-40 and I-81 interstate highway freight movement onto a parallel east-west rail line; and
WHEREAS, the TDOT Rail System Plan has shown that cross-state competitive rail freight service and rail passenger service could be provided at costs which will be exceeded by shipper benefits and other public benefits; and
WHEREAS, studies in Tennessee and Virginia have shown that by linking I-81 corridor railroad improvements in both states, the benefits of truck-to-rail freight diversions can be greatly magnified; and
NOW, THEREFORE, be it resolved that the City of Morristown supports the efforts of the Tennessee Department of Transportation (TDOT) to develop a Long-Range Multimodal Transportation Plan; and
BE IT FURTHER RESOLVED, that TDOT is encouraged to consider the Memphis to Bristol Railroad Connection as a project of statewide strategic importance and not in direct competition for transportation funding with projects which have local or regional economic value; and
BE IT FURTHER RESOLVED, that we call upon Transportation Commissioner Gerald Nicely to formulate a program of implementation steps to begin to make timely progress on the building of a Memphis to Bristol Rail Connection; and
BE IT FURTHER RESOLVED, that the State of Tennessee should actively seek the cooperation of the State of Virginia in coordinated railroad improvements in the I-81 corridor providing for interstate rail freight movements which greatly magnify the public benefits to both states; and
BE IT FURTHER RESOLVED, that TDOT and Commissioner Nicely are requested to fully support the phased construction of the Memphis to Bristol Railroad Connection by securing the cooperative efforts of the railroads involved, the cooperative efforts of the State of Virginia and by including appropriate projects in the next 3-Year Program of Projects and in the 10-Year Investment Plan which will be prepared as part of the Long-Range Multimodal Transportation Plan.
Adopted during regular session on the 7th day of June 2005.
____________________________
Mayor
ATTEST:
_____________________________
City Administrator
Councilmember Senter made a motion to authorize the City Administrator to execute a contract, as amended by Counsel for the City, to sell 28± acres of property located near South Cumberland Street (behind Lincoln Elementary School) to Cambridge Place Apartments, LLC at the price of $200,000. Councilmember Jinks seconded the motion and upon roll call, all voted “aye”.
City Council Convened as the Beer Board.
Councilmember Rooney made a motion to approve an Off-premise Beer Permit for By-Lo Market #45, 3606 East Morris Blvd. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
Councilmember Rooney made a motion to approve an Off-premise Beer Permit for Save More Grocery, 1808 Buffalo Trail. Councilmember McGuffin seconded the motion and upon roll call, all voted “aye”.
The request from Itako Japanese Steakhouse for an On-premise Beer Permit was deferred at the applicant’s request.
A discussion was held on the possibility of changing the distance requirements between establishments selling beer and churches, schools and parks.
Administrator Crumley mentioned the possibility of changing the footage requirements on only the three principal arterial streets through town (North/South Cumberland, East/West Morris Blvd. and East/West Andrew Johnson) from 500 to 300 feet.
Attorney Jessee stated that he was comfortable from a legal stand point that the one change recently done in the downtown area would survive legal challenges; but each change beyond that increases the risk of distance prohibition being unenforceable. Having distances requirements of zero downtown; 300 feet in certain areas and 500 feet in the remainder of town substantially increases the risk that, if challenged, the City could lose its ability to have any distance requirements. What you want to avoid is discriminating against the person who owns a business that is within 500 feet, treating that person differently than someone who is on what we now would adopt as a major artery. There has to be a rational basis for the City to impose these restrictions non-uniformly. I think that we have that downtown; I’m just very cautious about thinking we might have it otherwise. If the footage requirement is changed – it needs to be city-wide.
Councilmember Rooney requested that an ordinance be drafted for consideration at the June 21, 2005 Council meeting.
Councilmember Senter stated that she was not in favor of changing the footage requirements.
Mayor Johnson stated that Council could think about it during the next two weeks and decide whether to change the footage to 300 feet or leave it as is.
Mayor Johnson adjourned the June 7, 2005 City Council Meeting.
_____________________________
Mayor
ATTEST:
____________________________
City Administrator