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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, March 1, 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.
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
MARCH 1, 2005
Councilmember Jinks made a motion to approve the February 15, 2005 minutes as circulated; Councilmember Thompson seconded the motion and all voted 'aye'.
Mr. David Rutherford presented Certificates for Employer Support of the National Guard and Reserves to: Mayor Johnson, City Councilmembers, Jack Kennerly, Brian Janish, Jim Crumley, Chief Roger Overholt, Sergeant Mike Giles, Lieutenant George Jones and Captain Wendell Seal.
A public hearing was held on the following Resolution No. 5-05. Councilmember Rooney made a motion to adopt Resolution No. 5-05; Councilmember Thompson seconded the motion and upon roll call, all voted “aye”.
RESOLUTION NO. 5-05
PLAN OF SERVICES
RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED ON OLD LIBERTY HILL ROAD BETWEEN NORTH DAVY CROCKETT PARKWAY AND REED’S CHAPEL 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:
Being a majority of the unincorporated property along the portion of Old Liberty Hill Road, between North Davy Crockett Parkway and Reed’s Chapel Road, said properties are furthermore being referred to as Parcels 49, 49.04, 50, 50.02, 51, 52.01, 87.01, 88.01, and 89, Hamblen County Tax Map 25. Also included is the right-of-way width of Old Liberty Hill Road.
The above referenced property is recommended for a zoning designation of Medium Density Residential (R-2), with the exception of Parcel 88.01, which is recommended for Agriculture-Forestry District (A-1).
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) and 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 1st day of March 2005.
________________________________
Mayor
ATTEST:
______________________________
City Administrator
A Public Hearing was held on the following captioned Ordinance No. 3207. Councilmember Thompson made a motion to adopt Ordinance No. 3207 on second and final reading; Councilmember Rooney 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.)
A public hearing was held on the following Resolution No. 6-05. Councilmember Rooney made a motion to adopt Resolution No. 6-05; Councilmember Thompson seconded the motion; and upon roll call, all voted “aye”.
RESOLUTION NO. 6-05
PLAN OF SERVICES
RESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED AT 315 & 323 CARROLL 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 at the intersection of the existing corporate limit line, being at the eastern right-of-way line of Carroll Road, and the southern property line of Parcel 12, Group E, Hamblen County Tax Map 34-D, (part of Lot 1 of Wofenbarger Property), said point also being at the common corner of the southwest corner of Parcel 12 and the northwest corner of Parcel 11, Group E, Hamblen County Tax Map 34-D (Lot 3 of Wofenbarger Property); thence from said point of beginning, leaving the right-of-way line of Carroll Road and going along the southern property line of Parcels 12 and 13, Group E, Hamblen County Tax Map 34-D, (Lots 1 & 2 of Wofenbarger Property), also being the northern property line Parcel 11, Group E, Hamblen County Tax Map 34-D (Lot 3 of Wofenbarger Property) of a distance of 293 feet to a point at the northeast corner of Parcel 11; thence with the eastern property line of Parcel 11, in a southeasterly direction, a distance of 89.6 feet to a point at its southeast corner, said point also being a common corner with the northeast corner of Parcel 14, Group E, Hamblen County Tax Map 34-D (Lot 7-R of Wofenbarger Property); thence turning and going in a westerly direction along the northern property line of Parcel 14, a distance of 113.5 feet to a point at its northwest corner, said point is also the common corner with the northeast corner of Parcel 10, Group E, Hamblen County Tax Map 34-D (Lot 4 of Wofenbarger Property); thence turning and going in a southeasterly direction, along the eastern property line of Parcel 10, being a common line with part of the west line of Parcel 14, a distance of 104.7 feet to a point at the southeast corner of Parcel 10, also being in the west line of Parcel 14, and furthermore being a common corner with the northeast corner of Parcel 9 (Lot 5 of Wofenbarger Property); thence turning and going in a westerly direction, along the northern property line of Parcel 9, a distance of 252.2 feet to a point at the eastern right-of-way line of Carroll Road, said point is also at a common point with the northwest and southwest corner of Parcels 9 and 10, respectively; thence turning and going in a northerly direction, along said right-of-way line, a distance of 200 feet to the point of Beginning.
The above description is furthermore known as Parcels 10 and 11, Group E, Hamblen County Tax Map 34-D, (Lots 3 & 4 of Wofenbarger Property), located at 315 and 323 Carroll Road. The above is further recommended with a zoning classification of Medium Density Residential (R-2).
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 1st day of March 2005.
____________________________
Mayor
ATTEST:
_____________________________
City Administrator
A Public Hearing was held on the following captioned Ordinance No. 3208. Councilmember Thompson made a motion to adopt Ordinance No. 3208 on second and final reading; Councilmember Senter 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 Wofenbarger property)}.
A Public Hearing was held on the following captioned Ordinance No. 3209. Councilmember Jinks made a motion to adopt Ordinance No. 3209 on second and final reading; Councilmember McGuffin 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 award the bid for the Frank Lorino Park Restrooms to McCosh Building & Remodeling in the amount of $86,900; Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.
Councilmember Thompson made a motion to award the bid for the Collinson Ford Sewer Extension to Merkel Brothers Construction in the amount of $921,718.58; Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion to adopt the following captioned Ordinance No. 3210 on first reading; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.
Ordinance No. 3210
An Ordinance granting a Franchise to the Morristown Utilities Commission, to build, construct, operate and maintain a Cable Television System in the City of Morristown, Tennessee, and setting forth conditions accompanying the granting of this Franchise.
Councilmember Rooney made a motion to approve Change Order #1 to Summers-Taylor, Inc. for the Roadway Improvements Contract for Henry Street – West First North to West Second North in the amount of $13,861.36. Councilmember Thompson seconded the motion and upon roll call, all voted 'aye'.
Councilmember Senter made a motion to approve Change Order #2 (change of scope) to J.A. Bewley Excavating for the Sewer Extension Contract for Noes Chapel Road and Sunset Hills in the amount of $133,468. Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.
The March 15, 2005 City Council Meeting was rescheduled to March 22 due to conflicting with the National League of Cities meeting. (All voted 'aye'.)
A Beer Board Hearing was scheduled for March 22, 2005 at 4:00 p.m. (All voted 'aye'.)
Councilmember Thompson made a motion to make a one time capital campaign donation to the Daily Bread in the amount $25,000. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.
Councilmember Jinks made a motion that the City partner with The Sons of the Revolution for the purchase of a Liberty Bell Replica to be placed on the City Center Plaza. The City and The Sons of the Revolution will contribute $16,500 each. Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.
Councilmember Thompson made a motion that the City Parks & Recreation Department partner with the Morristown Rotary Clubs and the Morristown Utilities System for the purchase of a splash pad. Councilmember Jinks seconded the motion and upon roll call, all voted “aye”. (The City will match the funds raised by the Rotary Clubs and MUS will assist with Operation Roundup funds. The size and location of the pad to be determined at a later date.) Mayor Johnson adjourned the March 1, 2005 City Council meeting.
_____________________________
Mayor
ATTEST:
____________________________
City Administrator