City Council

Last saved on 01/07/2020 4:27 PM TUESDAY, JANUARY 7, 2020 CITY COUNCIL REVISED AGENDA 6:00 PM I. Call to Order by Chairman Oglesby. II. Pledge of Allegiance/Invocation (Councilman Mitchell). III. Special Presentation. Order of Business for City Council IV. Minute Approval. V. Ordinances – Final Reading​: PLANNING a. 2019-0146 Wayne Williams (R-4 Special Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of a property located at 1605 East 12th Street, more particularly described herein, from R-4 Special Zone to UGC Urban General Commercial Zone, subject to certain conditions. ​(District 8) (Alternate Version #2) (Deferred from 12-17-2019) b. 2019-0154 Sean S. Daniels (C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of a property located at 3630 Ridgeside Drive, more particularly described herein, from C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone, subject to certain conditions. ​(District 9) (Alternate Version) (Deferred from 12-17-2019) VI. Ordinances – First Reading​: FINANCE a. An ordinance to amend Ordinance No. 13474, known as “the Fiscal Year 2019-2020 Capital Budget Ordinance,” so as to appropriate $100,000.00 from the Department of Youth and Family Development Capital Project Early Learning Centers Capital Grants Project, to the United Way of Greater Chattanooga for the Quality Matters Grants Program. Revised Agenda for Tuesday, January 7, 2020 Page 2 PLANNING b. 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. ​(District 6) (Recommended for approval by Planning and denial by Staff) (Deferred from 12/10/2019) 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. ​(Alternate Version) 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone. ​(Applicant Version) POLICE c. An ordinance to amend Chattanooga City Code, Part II, Chapter 5, Article III, Division 2, Section 5-71, relative to temporary beer permits; Section 5-75, relative to distance requirements; and Section 5-87, relative to Station Street, and to add Chattanooga City Code, Part II, Chapter 5, Article III, Division 2, Section 5-89, relative to training. VII. Resolutions: FINANCE a. A resolution to confirm the Mayor’s appointment of Tanikia Jackson as Interim City Treasurer. HUMAN RESOURCES b. A resolution authorizing the Chief Human Resources Officer to renew the contract with Collins and Company, Inc. for the provision of third party administrative services for the City’s job injury program, for a one (1) year term, with one (1) remaining one (1) year renewal option, at the rate of $6,800.00 per month, including payment of the City’s job injury claims, for an annual total amount not to exceed $3 million. Revised Agenda for Tuesday, January 7, 2020 Page 3 c. A resolution authorizing the Chief Human Resources Officer to renew a service and licensing agreement with governmentjobs.com d/b/a Neogov to provide Human Resources software services for onboard and performance management services in addition to the current recruitment and applicant tracking services, for a renewal term of twelve (12) months, with a one (1) year renewal option thereafter, for an annual cost of $74,392.65. LEGAL d. A resolution authorizing the Office of the City Attorney to renew Purchase Order No. 536370 with Arthur J. Gallagher Risk Management Services, Inc. for city property & terrorism, equipment, fleet, mobile communications, and fine arts insurance services for the second and final twelve (12) month renewal term, in the amount of $482,155.00. ​(Revised) MAYOR’S OFFICE e. A resolution to confirm the Mayor’s appointment of Dwight Smith to the Beer and Wrecker Board. PLANNING f. 2019-0156 Maverick Development Group, Inc. (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development for properties located at 8024, 8104, 8108, and 8202 Shallowford Road, subject to certain conditions. ​(District 4) (Recommended for approval by Planning) (Deferred from 12-10-2019) (Revised) (Planning Version #2) 2019-0156 Maverick Development Group, Inc. (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development for properties located at 8024, 8104, 8108, and 8202 Shallowford Road, subject to a certain condition. ​(Staff Version) 2019-0156 Maverick Development Group, Inc. (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development for properties located at 8024, 8104, 8108, and 8202 Shallowford Road. (Applicant Version) PUBLIC WORKS AND TRANSPORTATION Public Works g. A resolution authorizing the Administrator for the Department of Public Works to award Contract No. Y-19-009-202 to Engineered Solutions of GA, of Marietta, GA, Glenwood YFD Center and other city facility foundation repairs, for a contract amount of $59,525.88, plus a contingency amount of $6,000.00, for a total project cost of $65,525.88, for all departments. ​(Districts 1, 6 & 9) Revised Agenda for Tuesday, January 7, 2020 Page 4 h. A resolution authorizing the approval of Change Order No. 4 for CH2M Hill Engineers, Inc. relative to Contract No. W-15-002-101, Friars Branch South Chickamauga Creek 5 Interceptor Rehabilitation, for additional professional services, in the amount of $106,300.00, for a revised contract amount of $1,143,990.00. (Districts 5 & 6) i. A resolution authorizing the approval of Change Order No. 2 for J. Cumby Construction, Inc., of Cookeville, TN, relative to Contract No. W-16-013-201, Citico Pump Reliability Improvements, a Consent Decree Project, for the increased amount of $1,709,686.00, for a revised contract amount of $9,788,483.00, plus a contingency amount of $171,000.00, for a total project cost of $9,959,483.00. ​(District 8) (Consent Decree) j. A resolution authorizing the Administrator for the Department of Public Works to award Contract No. W-19-024-201 to BLD Services, LLC, of Kenner, LA, Sanitary Sewer Mainline Full Wrap Service Connection Seals, for year one (1) of a three (3) year term, in the amount of $428,000.00 annually. k. A resolution authorizing the Administrator for the Department of Public Works to award Contract No. E-19-011-201 to Willoughby Roofing and Sheet Metal, Inc., of Cullman, AL, Roof Inspection and Repair Blanket Contract, for year one (1) of a three (3) year term, in the amount of $300,000.00 annually for all departments. l. A resolution authorizing year three (3) of a four (4) year term for the on-call blanket contract for professional surveying services, Contract No. 17-002-901 with the following firms: (1) Arcadis US, Inc.; (2) ASA Engineering and Consultants, Inc.; (3) Civic Engineering and Information Technologies, Inc.; (4) Earthworx, LLC; (5) The RLS Group, Inc.; (6) S&ME, Inc.; and (7) Vaughn and Melton Consulting Engineers, Inc. based on the services categories of the professional surveying services that each consultant qualified for, the renewal of the seven (7), one (1) year blanket contracts for professional services estimated at $300,000.00 total annually for all seven (7) professional firms for use by all departments. m. A resolution authorizing ​the Administrator for the Department of Public Works to renew the agreement with Chattanooga Transfer, LLC for the transfer, transportation, and disposal of municipal solid waste and transfer, transportation and disposal of construction and demolition waste for the renewal period of September 27, 2019 to September 26, 2022. Transportation n. A resolution authorizing the Administrator for the Department of Transportation to enter into an agreement with Integrated Properties, LLC relative to Contract No. T-19-015 for construction services associated with Shepherd Road, in the amount of $661,140.72, with a contingency amount of $66,114.07, for a total amount of $727,254.79. ​(District 6) Revised Agenda for Tuesday, January 7, 2020 Page 5 o. A resolution authorizing the Administrator for the Department of Transportation to enter into an agreement with Talley Construction Company, Inc. relative to Contract No. T-19-001-201 for construction services associated with W. 26​th Street, in the amount of $1,269,193.55, with a contingency amount of $126,919.36, for a total amount of $1,396,112.91. ​(District 7) YOUTH AND FAMILY DEVELOPMENT p. A resolution authorizing the Administrator for the Department of Youth and Family Development to renew the blanket agreement with Volunteer Electric for the Low Income Home Energy Assistance Program (LIHEAP) payments for the Office of Family Empowerment, for an amount not to exceed $50,000.00. VIII. Purchases. IX. Other Business. IOD Settlements to be discussed by City Attorney. X. Committee Reports. XI. Recognition of Persons Wishing to Address the Council. XII. Adjournment. Revised Agenda for Tuesday, January 7, 2020 Page 6 TUESDAY, JANUARY 14, 2020 CITY COUNCIL AGENDA 6:00 PM 1. Call to Order by Chairman Oglesby. 2. Pledge of Allegiance/Invocation (Councilman Smith). 3. Special Presentation. Order of Business for City Council 4. Minute Approval. 5. Ordinances - Final Reading​: FINANCE a. An ordinance to amend Ordinance No. 13474, known as “the Fiscal Year 2019-2020 Capital Budget Ordinance,” so as to appropriate $100,000.00 from the Department of Youth and Family Development Capital Project Early Learning Centers Capital Grants Project, to the United Way of Greater Chattanooga for the Quality Matters Grants Program. PLANNING b. 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. ​(District 6) (Recommended for approval by Planning and denial by Staff) (Deferred from 12/10/2019) 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. ​(Alternate Version) 2019-0157 Tonja Hollowell/Jonathan Dixon (R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2163 West Shepherd Road, more particularly described herein, from R-2 Residential Zone to RT-Z Residential Townhouse/Zero Lot Line Zone. ​(Applicant Version) Revised Agenda for Tuesday, January 7, 2020 Page 7 POLICE c. An ordinance to amend Chattanooga City Code, Part II, Chapter 5, Article III, Division 2, Section 5-71, relative to temporary beer permits; Section 5-75, relative to distance requirements; and Section 5-87, relative to Station Street, and to add Chattanooga City Code, Part II, Chapter 5, Article III, Division 2, Section 5-89, relative to training. 6. Ordinances – First Reading​: PLANNING a. 2019-0168 Kristy Summers (R-1 Residential Zone and C-2 Convenience Commercial Zone to A-1 Urban Agricultural Zone and R-3 Residential Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 6200 block of Dayton Boulevard, more particularly described herein, from R-1 Residential Zone and C-2 Convenience Commercial Zone to A-1 Urban Agricultural Zone and R-3 Residential Zone. ​(District 1) (Recommended for approval by Planning and deferral of 30 days by Staff) b. 2019-0175 Ken DeFoor Properties (M-3 Warehouse and Wholesale Zone to R-3 Residential Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2767 Northpoint Boulevard, more particularly described herein, from M-3 Warehouse and Wholesale Zone to R-3 Residential Zone. ​(District 3) (Recommended for approval by Planning and Staff) c. 2019-0149 Ideis Architecture (R-2 Residential Zone to O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 3505 Divine Avenue, more particularly described herein, from R-2 Residential Zone to O-1 Office Zone. ​(District 7) (Recommended for denial of C-2 Convenience Commercial Zone and approval of O-1 Office Zone by Planning and Staff) 2019-0149 Ideis Architecture (R-2 Residential Zone to O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 3505 Divine Avenue, more particularly described herein, from R-2 Residential Zone to C-2 Convenience Commercial Zone. (Applicant Version) d. 2019-0165 Wayne Williams (Lift Conditions). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift conditions from Ordinance No. 12197 of previous Case No. 2008-0161 from part of the property located at 1605 East 12th Street, more particularly described herein. ​(District 8) (Recommended for approval by Planning and Staff) Revised Agenda for Tuesday, January 7, 2020 Page 8 e. 2019-0162 Michael Piekarski (Lift Conditions). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift conditions from Ordinance No. 9872 of previous Case No. 1993-0049 from the part of a property located at 2001 North Chamberlain Avenue, more particularly described herein, subject to certain conditions. ​(District 9) (Staff Version) (Recommended for denial by Planning) 2019-0162 Michael Piekarski (Lift Conditions). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift conditions from Ordinance No. 9872 of previous Case No. 1993-0049 from the part of a property located at 2001 North Chamberlain Avenue, more particularly described herein. (Applicant Version) f. 2019-0172 David Hudson (R-4 Special Zone to Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1806 Bailey Avenue, more particularly described herein, from R-4 Special Zone to Urban General Commercial Zone, subject to certain conditions. ​(District 9) (Recommended for approval by Planning and Staff) 2019-0172 David Hudson (R-4 Special Zone to Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1806 Bailey Avenue, more particularly described herein, from R-4 Special Zone to Urban General Commercial Zone. (Applicant Version) g. An ordinance amending Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Article V, Zoning Regulations, Division 6, R-2 Residential Zone, Section 38-94, Height and Area Regulations, (4) Minimum building setback to clarify side yard setback requirements for townhouse developments. 7. Resolutions​: ECONOMIC AND COMMUNITY DEVELOPMENT a. A resolution authorizing the Mayor to enter into a Lease Agreement, in substantially the form attached, with the Hamilton County, Tennessee, Board of Education for a portion of Tax Parcel No. 126L-C-001, for a term of one (1) year at the consideration of $2.00 to allow for the demolition and removal of the manufactured unit and other items located on the premises located at 1510 Hamilton Avenue. ​(District 2) b. A resolution authorizing the Mayor to enter into a Premises Use Agreement with Connect Leadership Foundation, in substantially the form attached, for the use of the athletic fields located at 6862 Ty Hi Drive, on a portion of Tax Parcel No. 139I-B-001, for a term of four (4) years. ​(District 6) Revised Agenda for Tuesday, January 7, 2020 Page 9 c. A resolution authorizing the Mayor to enter into a Lease Agreement, in substantially the form attached, with the Hamilton County, Tennessee, Board of Education for the use of a portion of Tax Parcel No. 168I-C-032, for the operation of the Cedar Hill Head Start/Early Head Start Program located at 4701 Divine Street for a term of one (1) year with the option to renew for three (3) additional terms of one (1) year each for the amount of $1.00 per term. ​(District 7) d. A resolution authorizing the Mayor to enter into a Lease Agreement, in substantially the form attached, with the Hamilton County, Tennessee, Board of Education for the use of Tax Parcel Nos. 136L-M-002, 136L-M-005, and 136L-M-006, for the operation of the Avondale Head Start/Early Head Start Program located at 2302 Ocoee Street for a term of one (1) year with the option to renew for three (3) additional terms of one (1) year each for the amount of $1.00 per term. ​(District 9) e. A resolution authorizing the Mayor to enter into a Lease Agreement, in substantially the form attached, with the Hamilton County, Tennessee, Board of Education for the use of a portion of Tax Parcel No. 066M-D-014, for the operation of the Daisy Head Start/Early Head Start Program located at 9517 W. Ridge Trail Road in Soddy Daisy, Tennessee, for a term of one (1) year with the option to renew for three (3) additional terms of one (1) year each for the amount of $1.00 per term. f. A resolution authorizing the Administrator for the Department of Economic and Community Development to enter into an Artwork Creation Agreement with the artist, Brandon Donahue, to provide services for a community informed mural on the Brainerd YFD Center, for an amount not to exceed $30,000.00. PLANNING g. 2019-0180 Kristy Summers (Special Permit). A resolution approving a Special Permit for an A-1 Urban Agricultural Zone on less than five (5) acres for properties located in the 6200 block of Dayton Boulevard. ​(District 1) ​(Recommended for approval by Planning and deferral of 30 days by Staff) h. 2019-0169 Jay W. Bell (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development for properties located in the 7000 block of Hixson Pike. ​(District 3) (Recommended for approval by Planning and Staff) i. 2019-0170 Delbert-Skidmore, LLC (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development for properties located in the 7000 block of Hixson Pike. ​(District 3) (Recommended for approval by Planning and Staff) Revised Agenda for Tuesday, January 7, 2020 Page 10 j. 2019-0171 Delbert-Skidmore, LLC (Abandonment of a Special Exceptions Permit). A resolution approving the abandonment of a Special Exceptions Permit or a Residential Planned Unit Development approved by Resolution No. 29169 for the properties located in the 7000 block of Hixson Pike and 1701 East Boy Scout Road. (District 3) (Recommended for approval by Planning and Staff) k. Gilliland Frederick Wesley, Sr. & Margaret Collins/SaiSanaaShiv G.P. AumJalasai, LLC (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for an existing liquor store, change in ownership, located at 5032 Brainerd Road. ​(District 6) PUBLIC WORKS AND TRANSPORTATION Transportation l. A resolution approving the termination and abandonment of easement reserved for the Electric Power Board, Tennessee-American Water Company, Comcast Cable Communications, Inc. and Chattanooga Gas Company in a portion of two alleys located Southwest from the 1500 block of West 35​th Street and Northwest from the 1700 block of Cummings Highway that the City closed and abandoned by Ordinance No. 11218, as rescinded and amended by Ordinance 11242, a copy of which is attached hereto and incorporated herein by reference. ​(District 7) 8. Purchases. 9. Other Business. a. AumJalasai, LLC d/b/a Lamplight Package Store - Certificate of Compliance (District 6) b. Report on Debt Obligation - SRF Loan No. 2018-406 - $17.1 million c. Report on Debt Obligation - SRF Loan No. 2019-429 - $21 million d. Report on Debt Obligation - SRF Loan No. CW6 2018-405 - $900,000 e. Report on Debt Obligation - SRF Loan No. CW7 2019-428 - $2.7 million 10. Committee Reports. 11. Recognition of Persons Wishing to Address the Council. 12. Adjournment.