Norris City Council

Minutes

Monday, August 13, 2012

 

 

 

 

BE IT REMEMBERED THAT THE CITY OF NORRIS CITY COUNCIL MET IN REGULAR SESSION ON MONDAY, AUGUST 13TH, 2012 WITH THE FOLLOWING COUNCIL MEMBERS PRESENT: JACK BLACK, TOMMY MARINER, LOY JOHNSON,

AND JOY WILSON.  MEMBER ABSENT:  CHRIS MITCHELL.

 

Councilwoman Loy Jonson was absent for the first 8 minutes of the meeting.

 

Vice Mayor Tommy Mariner called the meeting to order at 7:00 p.m.  He welcomed the large crowd.  Due to the presence of only three Council members at the start of the meeting, he noted to those present that although a quorum was present, if a contentious issue arose on which (in his opinion) Mayor Mitchell's vote might be needed to constitute a majority, he would move to table such issues so a decision would not be made by only two votes - which would potentially be a decision rendered by a minority of the five member Council.  This became less of a priority which the arrival of Councilwoman Loy Johnson at 7:08 p.m.

 

 

HEAR THE PUBLIC

n/a

MINUTES

1.      Council Member Jack Black moved to approve Council Minutes dated July 9, 2012 as stated.  The motion was seconded by Council Member Joy Wilson.  Motion carried by voice vote.

 

OLD BUSINESS

 

The appointment recommendation ofGeorge Humphrey to the Anderson County Library Board was presented for approval. 

 

2.      Motion was made by Council Member Blackto approve the appointment.  Motion was seconded by Council Member Wilson.  Motion carried by voice vote. 

 

The appointment of Caneta Gentry to the Archives Committee was presented for approval.

 

3.      Motion was made by Council Member Johnson to approve the appointment.  Motion was seconded by Council Member Wilson.  Motion carried by voice vote.

 

Ordinance 557, Second Reading of An Ordinance to Amend Title 9, Business, Peddlers, Solicitors, etc. of the Norris Municipal Code was presented for approval.  Council Member Wilson recommended approval with amendment to the last sentence changing the word form to from. 

 

4.      Motion was made by Council Member Johnson to approve the second reading of Ordinance 557 with the amendment.  Motion was seconded by Council Member Black.  Motion carried by voice vote.

 

Council Members Black and Johnson requested the review of the clutter and property maintenance proposals be rescheduled until the next council meeting on September 10, 2012.

 

CITY MANAGER REPORT

 

City Manager Hester reported on the following:

 

1)      Revenues and expenditures are generally on track to budget.  Final fiscal year 2011-2012 figures will be available later this summer. 

2)      2012-2013 Property tax notices were distributed end of July as scheduled and collection has begun.

3)      Reported the City had received refund of $2,418 from the City's health care provider, United Health Insurance.

4)      As a reminder, paperwork for the Norris City Council Election is due August 16th, 2012 at noon

at the county courthouse.

 

See attached City Manager Report.

 

NEW BUSINESS

 

 

The following 2011-2012 Refuse Budget Amendments were presented for approval.

 

            Budget Amendments - Refuse Fund FYE - 6/30/2012

 

Increase /Decrease Code:

Description

Amount

Increase

 

 

128-43230-248

Recycle-Residential Contract

3200.00

128-43230-249

Refuse-Residential Contract

5200.00

128-43230-354

City Refuse-Recycle Containers

2800.00

Decrease

 

 

128-43230-258

Commercial Refuse

3700.00

128-27000

Unassigned Fund Balance

7500.00

 

 

 

 

 

5.       Motion was made by Council Member Wilson to approve the refuse budget amendment.   The motion was seconded by Council Member Black.  Motion carried by voice vote.

 

City Manager Hester presented the 2012-2013 Soccer Agreement between the City of Norris a and the organized soccer organizations for the use of the Norris Commons.   This agreements states a maximum of eight (8) teams may use the Commons at any one time, and a scheduling gap of thirty (30) minutes will be observed between sessions to accommodate traffic flow and parking.   Mike McGhee of the Recreation Commission suggested researching the use of an electronic lock for the bathrooms eliminating the need for the soccer organizations to check out and turn in keys when they use the Commons. 

 

6.       Motion was made by Council Member Wilson to approve the 2012-2013 Soccer Agreement.  The motion was seconded by Council Member Black.  Motion carried by voice vote.

 

Ordinance 558, An Ordinance Amending the Zoning Map of the City of Norris, Tennessee, by Zoning Newly Annexed Territory S-1: Scenic (1) Highway District, as annexed by Ordinance 555.   The Council heard concerns from the public and what is S-1 Zoning and building restrictions.  City Manager Hester addressed a question of the description of S-1 Zoning (Scenic 1 Highway District).  City Manager Hester stated the S-1 Zoning was developed approximately three years ago to help protect 61 and 441 and how they both exist today.  It is a business friendly zone.  The properties of Dr. Beeler, Dr. Elliott, Tommy Hicks, and the Museum of Appalachia are examples of S-1 zoning.   In response to a question about why Norris was taking action to annex the areas along Highway 61 in the vicinity of the Museum of Appalachia, Vice Mayor Mariner noted that this area was in the Norris Urban Growth Boundary (UGB).  He reminded those in attendance that Norris had taken action over the past year to annex the areas within the UGB along U.S. Highway 441 toward Norris Dam.  He also noted the previous annexation action had been completed along State Highway 61 in order to include the agreed to UGB areas within the City because these areas might be renegotiated in future UBG discussions.  Vice Mayor Mariner stated that if Norris showed no interest in annexing these areas, other parties to the Master Settlement Agreement might legitimately try to change UGB.  In particular, Clinton's action moving up Highway 61 and crossing I-75 and subsequent industrial development in the Bethel Community, was of concern to Norris and East Anderson County residents.  Norris action was at least in part an effort to forestall further encroachment of Clinton into the area along Highway 61 approaching the Norris city limits and it was also an effort by some of the Council to prevent further industrial development such as the Rogers Group rock quarry and proposed asphalt plant or other land uses such as adult entertainment and similar enterprises which many Norris residents might find objectionable.  

 

Member of the public questioned this statement and Norris' right to take such action.  A lively discussion of a variety of issues concerning development and property use, zoning, property values and annexation ensued.  Certain in accurate statements were made concerning set-back requirements in the current S-1 zoning rules which were corrected by City Manager Hester.

 

City Manager Hester stated it has never been the intent of the City for anyone not to be able to build.  He also stated any Norris zoning issues can be appealed to the Norris Zoning Board.  City Manager Hester stated he would be happy to review zoning details with anyone.  He also reminded Council and the Public attendees the Public Hearing for Ordinance 558 and 559 would be held on 9/10/12 at 5:30 p.m. in the City Council Room and concerns would be heard at that time.

 

Councilman Black discussed property he owned in Knox County and noted that annexation had improved the value of his property despite his concerns about being brought into Knoxville.  These comments brought additional discussion from the public and various Council members.  A member of the public opposed to the annexation asked the City Council to identify themselves, which was being required of speakers.  Vice Mayor Mariner and Council Members complied with this request.  Another member of the audience questioned Vice Mayor Mariner about his failure to have each speaker identify themselves during the course of the discussions.  Vice Mayor Mariner corrected his oversight, and various speakers identified themselves.  Some members of the public rose to support the annexation efforts.

 

7.       Motion was made by Council Member Black to approve the first reading of Ordinance 558.  The motion was seconded by Council Member Wilson.   Voting aye:  Black, Johnson, and Wilson.  Voting no:  Mariner.  Motion carried.

Ordinance 559, An Ordinance Amending the Zoning Map of the City of Norris, Tennessee, by Zoning Newly Annexed Territory S-1: Scenic (1) Highway District, as annexed by Ordinance 556.   City Manager also reminded Council and the Public attendees the Public Hearing for Ordinance 558 and 559 would be held on 9/10/12 at 5:30 p.m. in the City Council Room and concerns would be heard at that time. 

 

8.       Motion was made by Council Member Black to approve the first reading of Ordinance 559.  The motion was seconded by Council Member Wilson.   Voting aye:  Black, Johnson, and Wilson.  Voting no:  Mariner.  Motion carried.

 

9.       A motion was made by Council Member Wilson to schedule the Public Hearing for Plan of Services for Ordinance 514, 535, 538, and 544 on September 10, 2012 at 5:30 a.m. at the Norris City Council Room.   The motion was seconded by Council Member Black.  Motion carried.

Council Member Loy Johnson invited the public to a presentation on the New Norris House on September 13, 2012 at 6:30 p.m. at City Hall.  The New Norris House will be open for tours from 5:30 to 6:30 p.m. before the presentation.

Council Member Black stated the clutter ordinance needs to be dealt with and recommended a Clutter Workshop be held.  The workshop was scheduled for September 17, 2012 at 6:30 p.m. in the City Council Meeting Room.  City Manager Tim Hester will review again with MTAS and invite them to attend also.

 

 

 

10.    Council Member Wilson moved to adjourn.  Motion was seconded by Council Member Johnson. Motion carried by voice vote.  8:35 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TO:                  Norris City Council                                      

DATE:             August 13, 2012

FROM:            Tim Hester                                                

RE:                  City Manager's Report

 

  1. 2012-13 Year to Date (Estimated through July) Budget.   Revenues and Expenditures are on track to budget.

Reminder: Final Fiscal Year 2011-12 figures will be available later this summer.

 

  1. 2012-13 Tax Notices.   Property tax notices were distributed end of July as scheduled and collections have begun.

 

  1. TML Casualty Loss Survey.   The annual loss survey was conducted in May and results were received from TML in July.  Recommendations from TML include
    1. To expand the City's personnel policy's definition of harassment (MTAS will be consulted for guidance)
    2. To establish a written policy for dealing with sewer backups (Norris Water Commission will review examples provided by TML for consideration)
    3. To develop a written policy for lending of city-owned tools to employees (done 8/1)
    4. To execute minor repairs to playground equipment at Eric Harold Park (done 8/1)

 

  1. Health Insurance Rebate.  The City's healthcare provider issued a refund of $2,418.  This is a result of the Affordable Health Care Act.   Insurance renewal in September is currently projected to be higher than budgeted, but this refund will offset the difference and keep this valuable employee benefit intact.

 

  1. ACEDA legal challenge.  Occupants of the David Jones Industrial Park have brought suit against the Anderson County Economic Development Board and select members regarding the recommendation made to Anderson County Commission to locate a convenience center in DJIP.   ACEDA is representing the suit through its insurance company.  Any potential exposure to the City of Norris would also be represented through the Tennessee Municipal League.

 

  1. Grant Updates.
    1. HOME GRANT.   Applications will not be accepted until fall of 2012
    2. LPRF Grant.   The 2012 grant has been submitted.  It features improvements for both Ridgeway Park and Oak Road Park, and includes play and exercise equipment for all ages!   Grant awards are expected to be announced in October.
    3. Planning Grant.   Plans are underway to purchase some computer hardware and software to complete this grant.   These items will be used to finish the transition process from the State Local Planning Office to County and City resources.

 

  1. Annexation Updates.    Annexation Ordinance 545 has been challenged.   Court dates have been set for November 27 & 28, 2012.  

 

  1. Norris City Council Election.   Election for the next two-year term of Norris City Council is on Tuesday, November 6, 2012.  Candidates may pick up paperwork at the Election Commission office at the County Courthouse and August 16th at noon is the last day to submit qualifying papers.