City Council

Last saved on 10/7/2022 2:30 PM TUESDAY, OCTOBER 11, 2022 CITY COUNCIL AGENDA 6:00 PM I. Call to Order by Chairman Ledford. II. Pledge of Allegiance/Invocation (Chairman Ledford). III. Special Presentation. Domestic Violence Awareness Month Proclamation By Councilwoman Carol Berz IV. Minute Approval. V. Ordinances – Final Reading: PUBLIC WORKS a. An ordinance amending Chattanooga City Code, Part II, Chapter 31, Sewers, Mains, and Drainage, Section 31-4, Installation, Maintenance, Repair of Sewer Service Lines; Charge; Exception and Section 31-14, Private Communal Sanitary Sewer Systems, related to Sewer Lateral Maintenance. (Sponsored by Councilman Henderson, Councilwoman Hill, and Chairman Ledford) VI. Ordinances – First Reading: PLANNING a. 2022-0195 Chambliss, Bohner & Stophel c/o Andrew Leffler (C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 5505 Brainerd Road, from C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 5) (Recommended for approval by Planning Commission and Staff) 2022-0195 Chambliss, Bohner & Stophel c/o Andrew Leffler (C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 5505 Brainerd Road, from C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone. (Applicant Version) Agenda for Tuesday, October 11, 2022 Page 2 b. 2022-0199 NE Group c/o Eric Emery (R-1 Residential Zone to RT-1 Residential Townhouse Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6026 East Brainerd Road, from R-1 Residential Zone to RT-1 Residential Townhouse Zone, subject to certain conditions. (District 6) (Recommended for approval by Planning Commission and Staff) 2022-0199 NE Group c/o Eric Emery (R-1 Residential Zone to RT-1 Residential Townhouse Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6026 East Brainerd Road, from R-1 Residential Zone to RT-1 Residential Townhouse Zone. (Applicant Version) c. 2022-0186 Landon Kennedy (U-RD-2 Residential Detached Zone to U-RM-3 Residential Multi-Unit Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone an unaddressed property located in the 1000 block of East 10th Street, from U-RD-2 Residential Detached Zone to U-RM-3 Residential Multi-Unit Zone. (District 8) (Recommended for approval by Planning Commission and Staff) (Deferred from 09-13-2022 and 09-27-2022) d. 2022-0177 NE Group c/o Eric Emery (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 properties located at 401 Central Avenue and 1048 East 4th Street, from R-4 Special Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and Staff) 2022-0177 NE Group c/o Eric Emery (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 properties located at 401 Central Avenue and 1048 East 4th Street, from R-4 Special Zone to UGC Urban General Commercial Zone. (Applicant Version) e. 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission) Agenda for Tuesday, October 11, 2022 Page 3 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (Staff Version) 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone. (Applicant Version) f. 2022-0205 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) 2022-0205 Josh Barr (R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone, subject to certain conditions. (Staff Version) 2022-0205 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) g. 2022-0206 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) 2022-0206 Josh Barr (R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone, subject to certain conditions. (Staff Version) Agenda for Tuesday, October 11, 2022 Page 4 2022-0206 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) h. 2022-0207 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1128 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) 2022-0207 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1128 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) i. 2022-0197 A.T. Home Properties (R-1 Residential Zone to R-T/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 107 South Germantown Road, from R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (District 9) (Staff Version and Applicant Version) (Recommended for denial by Planning Commission) VII. Resolutions: COUNCIL OFFICE a. A resolution confirming the appointment of Vivian White to the Head Start Governing Board for District 9, with a term beginning October 11, 2022, and ending October 11, 2023. (District 9) ECONOMIC DEVELOPMENT b. A resolution amending and adopting Tax Increment Financing Policies and Procedures, a copy of which is substantially attached hereto and made a part hereof by reference. Agenda for Tuesday, October 11, 2022 Page 5 PLANNING c. 2022-0202 The Baylor School (Special Exceptions Permit). A resolution approving a Special Exceptions Permit for an Institutional Planned Unit Development amendment for the properties located in the 100 block of Baylor School Road. (District 1) (Recommended for approval by Planning Commission and Staff) PUBLIC WORKS d. A resolution authorizing the Administrator for the Department of Public Works to renew the professional services for the On-Call Blanket Contract for Stormwater Modeling and Floodplain Analysis Services, Contract S-20-004-100, for year three (3) of four (4) to the five (5) consultant firms listed per their qualification package - (1) Stantec Consulting Services, Inc.; (2) CDM Smith, Inc.; (3) Woods Environment and Infrastructure Solutions, Inc.; (4) AECOM; and (5) S&ME, Inc., in the amount of $750,000.00. VIII. Purchases. IX. Committee Reports. X. Recognition of Persons Wishing to Address the Council. XI. Adjournment. Agenda for Tuesday, October 11, 2022 Page 6 TUESDAY, OCTOBER 18, 2022 CITY COUNCIL AGENDA 6:00 PM 1. Call to Order by Chairman Ledford. 2. Pledge of Allegiance/Invocation (Chairman Hester). 3. Special Presentation. 4. Minute Approval. Order of Business for City Council 5. Ordinances - Final Reading: PLANNING a. 2022-0195 Chambliss, Bohner & Stophel c/o Andrew Leffler (C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 5505 Brainerd Road, from C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 5) (Recommended for approval by Planning Commission and Staff) 2022-0195 Chambliss, Bohner & Stophel c/o Andrew Leffler (C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 5505 Brainerd Road, from C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone. (Applicant Version) b. 2022-0199 NE Group c/o Eric Emery (R-1 Residential Zone to RT-1 Residential Townhouse Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6026 East Brainerd Road, from R-1 Residential Zone to RT-1 Residential Townhouse Zone, subject to certain conditions. (District 6) (Recommended for approval by Planning Commission and Staff) 2022-0199 NE Group c/o Eric Emery (R-1 Residential Zone to RT-1 Residential Townhouse Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6026 East Brainerd Road, from R-1 Residential Zone to RT-1 Residential Townhouse Zone. (Applicant Version) Agenda for Tuesday, October 11, 2022 Page 7 c. 2022-0186 Landon Kennedy (U-RD-2 Residential Detached Zone to U-RM-3 Residential Multi-Unit Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone an unaddressed property located in the 1000 block of East 10th Street, from U-RD-2 Residential Detached Zone to U-RM-3 Residential Multi-Unit Zone. (District 8) (Recommended for approval by Planning Commission and Staff) (Deferred from 09-13-2022 and 09-27-2022) d. 2022-0177 NE Group c/o Eric Emery (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 properties located at 401 Central Avenue and 1048 East 4th Street, from R-4 Special Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and Staff) 2022-0177 NE Group c/o Eric Emery (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 properties located at 401 Central Avenue and 1048 East 4th Street, from R-4 Special Zone to UGC Urban General Commercial Zone. (Applicant Version) e. 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission) 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (Staff Version) 2022-0204 Josh Barr (R-3 Residential Zone to R-T/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 1117 East 14th Street and an unaddressed property in the 1100 block of East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone. (Applicant Version) Agenda for Tuesday, October 11, 2022 Page 8 f. 2022-0205 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) 2022-0205 Josh Barr (R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone, subject to certain conditions. (Staff Version) 2022-0205 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1027 and 1029 East 14th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) g. 2022-0206 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) 2022-0206 Josh Barr (R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to R-T/Z Residential Townhouse Zero Lot Line Zone, subject to certain conditions. (Staff Version) 2022-0206 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1200, 1202, and 1204 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) h. 2022-0207 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1128 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and recommended for denial by Staff) Agenda for Tuesday, October 11, 2022 Page 9 2022-0207 Josh Barr (R-3 Residential Zone to UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1128 East 13th Street, from R-3 Residential Zone to UGC Urban General Commercial Zone. (Applicant Version) i. 2022-0197 A.T. Home Properties (R-1 Residential Zone to R-T/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 107 South Germantown Road, from R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone, subject to certain conditions. (District 9) (Staff Version and Applicant Version) (Recommended for denial by Planning Commission) 6. Ordinances - First Reading: PUBLIC WORKS a. MR-2022-0179 David Hudson for Noon 715 Market Eat, LLC c/o Todd Kimling (Abandonment). An ordinance closing and abandoning a pedestrian easement on property located at 715 Market Street, as detailed on the attached map, subject to certain conditions. (District 7) (Recommended for approval by Planning Commission and Public Works) 7. Resolutions: COMMUNITY DEVELOPMENT a. A resolution authorizing the Administrator for the Department of Community Development to apply for, and if awarded, accept the Department of Housing and Urban Development (HUD) Lead Hazard Control and Healthy Homes, Older Adults Home Modification Grant Program Funds for low-income elderly homeowners to remain in their homes through low-cost, low-barrier, high impact home modifications to improve their functional abilities in their home and to enable them to “Age in Place”, instead of moving to nursing homes or other assisted care facilities, for an amount up to $500,000.00. FINANCE b. A resolution to amend the Debt Management Policy so as to allow for certain federal and state loan programs. c. A resolution authorizing and providing for the issuance and sale of sewer revenue bonds; providing for the collection and disposition of revenues from the sewer system of the City of Chattanooga, Tennessee; and making provision for the operation of said system and the issuance of indebtedness of said system. Agenda for Tuesday, October 11, 2022 Page 10 d. An initial resolution authorizing and providing for the issuance and sale of sewer revenue bonds in an aggregate principal amount not to exceed $186,080,000.00 for the City of Chattanooga, Tennessee. e. A resolution supplementing and amending Resolution No. __________ to authorize the execution, terms, and delivery of a loan agreement by and between the City of Chattanooga, Tennessee, and the United States Environmental Protection Agency, acting by and through the Administrator of the Environmental Protection Agency, pursuant to which a loan will be provided in a principal amount not to exceed $186,080,000.00, providing for the financing of certain sewer system projects owned by or leased to and operated by the City of Chattanooga, Tennessee, and to authorize the execution, terms, issuance, sale, and payment of one or more sewer revenue bonds in connection with and as evidence of said loan agreement. MAYOR’S OFFICE f. A resolution confirming Mayor Kelly’s appointment of Reginald Washington to the Beer & Wrecker Board for District 8, for a term beginning on October 19, 2022, and ending on October 18, 2025. (District 8) g. A resolution confirming Mayor Kelly’s appointment of Corri Bischer to the Head Start Governing Board, for a term beginning on October 19, 2022, and ending on October 18, 2024. h. A resolution confirming Mayor Kelly’s reappointment of Marion Quarles to the Board of Plumbing Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. i. A resolution confirming Mayor Kelly’s reappointment of Michael Webb to the Board of Plumbing Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. j. A resolution confirming Mayor Kelly’s appointment of Paul Norman Judd to the Board of Plumbing Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. k. A resolution confirming Mayor Kelly’s appointment of Marion Quarles to the Board of Gas Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. l. A resolution confirming Mayor Kelly’s appointment of Paul Norman Judd to the Board of Gas Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. Agenda for Tuesday, October 11, 2022 Page 11 m. A resolution confirming Mayor Kelly’s appointment of Darren Moten to the Board of Gas Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. n. A resolution confirming Mayor Kelly’s appointment of Marvin Brewster to the Board of Electrical Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2024. o. A resolution confirming Mayor Kelly’s reappointment of Larry Daniels to the Board of Mechanical Examiners, for a term beginning on October 19, 2022, and ending on October 18, 2026. PUBLIC WORKS p. A resolution amending Resolution No. 31109 for Geoenvironmental Consulting and Materials Testing Services Contract No. E-21-002-301, to increase the estimated amount by $950,000.00 due to additional contract utilization at Fire Station 15, Fire Station Bay Floor and Driveway Apron Replacements, Riverbank Stabilization for Sanitary Sewer Interceptor, Lynnbrook Park, Jack Benson Park Parking Lot, Batter’s Place Pickleball Courts, Low Barrier Housing, EV Charging Stations, North Lee Hwy. Culvert Replacement, Enterprise South Industrial Park, Brainerd Levee, and Parks ADA Sidewalk Compliance, for a revised contract amount of $1.7 million. q. A resolution authorizing the Administrator for the Department of Public Works to approve Change Order No. 1 with Pavement Technology, Inc. to reconcile final quantities for Contract No. T-20-011, asphalt rejuvenation services associated with Citywide pavement management, for an increase in the amount of $23,635.60, for a revised contract amount of $249,100.00. 8. Purchases. 9. Committee Reports. 10. Recognition of Persons Wishing to Address the Council. 11. Adjournment.