City Council

Last saved on 10/24/2023 10:35 AM TUESDAY, OCTOBER 24, 2023 CITY COUNCIL AGENDA 6:00 PM I. Call to Order by Chair Dotley. II. Pledge of Allegiance/Invocation (Councilwoman Noel). III. Special Presentation. IV. Minute Approval. Order of Business for City Council V. Ordinances – Final Reading: PLANNING a. 2023-0146 William Dickson (O-1 Office Zone and C-2 Convenience Commercial Zone with conditions to C-2 Convenience Commercial Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone 5468 Old Hixson Pike, from O-1 Office Zone and C-2 Convenience Commercial Zone with conditions to C-2 Convenience Commercial Zone, subject to certain conditions. (District 3) (Recommended for approval by Planning Commission and Staff) b. 2023-0132 Allied Metal Company/Nelson M LLC (R-2 Residential Zone to M-1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone parts of properties located at 3320 and 3440 Lightfoot Mill Road, from R-2 Residential Zone to M-1 Manufacturing Zone. (District 5) (Recommended for approval by Planning Commission) c. 2023-0141 Shane Durkee (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 1812 Hickory Valley Road, from R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Line Zone. (District 6) (Recommended for approval by Planning Commission and Staff) (Planning Version #2) Agenda for Tuesday, October 24, 2023 Page 2 d. 2023-0160 Cody Etling (R-1 Residential 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 an unaddressed property located in the 6000 block of Highway 58, from R-1 Residential Zone to C-2 Convenience Commercial Zone, subject to certain conditions. (District 6) (Recommended for approval by Planning Commission and Staff) (Deferred from 10-10-2023) e. 2023-0130 Collier Construction (C-2 Convenience Commercial Zone to C-3 Central Business Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 2409, 2411, 2417, and an unaddressed parcel in the 2400 block of East Main Street, from C-2 Convenience Commercial Zone to C-3 Central Business Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission) (Deferred from 10-10-2023) f. 2023-0151 Petra Moraczewski (R-2 Residential Zone and 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 809 Dodds Avenue, from R-2 Residential Zone and C-2 Convenience Commercial Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 9) (Recommended for approval by Planning Commission and Staff) (Deferred from 10-17-2023) g. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Article XVI, Downtown Chattanooga Form Based Code, Division 4, Downtown Core, Section 38-702, D-CX: Commercial Mixed Use Zone to add additional Maximum Permitted Building Heights. (Deferred from 10-10-2023) POLICE h. An ordinance amending Chattanooga City Code, Part II, Chapter 16, Section 16-59 through Section 16-66, by deleting same in their entirety and substituting in lieu thereof the following new sections, as amended, for the Police Advisory Review Committee. (Version #6) Agenda for Tuesday, October 24, 2023 Page 3 VI. Ordinances – First Reading: PLANNING a. 2023-0118 Chambliss, Bahner & Stophel (R-2 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 part of a property located at 1710 South Holtzclaw Avenue, from R-2 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and Staff) (Deferred from 09-12-2023 & 09-19-2023) (Motion to Reconsider on 10-10-2023) 2023-0118 Chambliss, Bahner & Stophel (R-2 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 part of a property located at 1710 South Holtzclaw Avenue, from R-2 Residential Zone to C-2 Convenience Commercial Zone. (Applicant Version) (Recommended for denial by Planning Commission and Staff) b. 2023-0137 Stephen Brady (Lift Condition). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift Condition No. 2 from Ordinance No. 13624 of previous Case No. MR-2020-0132 after the abandonment of parts of several streets and alleys located near 901 South Holtzclaw Avenue. (Districts 8 & 9) (Recommended for approval by Planning Commission and recommended for deferral by Staff) (Deferred from 09-12-2023 and 10-10-2023) c. 2023-0138 Stephen Brady (Lift Condition). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift Condition No. 2 from Ordinance No. 13625 from the original abandonment of previous Case No. MR-2020-0134 from property located in the 1300 block of Vance Avenue. (Districts 8 & 9) (Recommended for approval by Planning Commission and recommended for deferral by Staff) (Deferred from 09-12-2023 and 10-10-2023) VII. Resolutions: COUNCIL OFFICE a. A resolution confirming the appointment of Melody Shekari to the Industrial Development Board for District 8, for a term beginning on October 25, 2023, and ending on October 24, 2029. (District 8) b. A resolution confirming the appointment of Gina Reviere to the Community Advisory Committee for Bushtown-Glenwood for District 8, for a term beginning on October 25, 2023, and ending on October 24, 2025. (District 8) Agenda for Tuesday, October 24, 2023 Page 4 ECONOMIC DEVELOPMENT c. A resolution authorizing the Mayor or his designee to enter into a Third Agreement to Exercise Option to Renew with Missionary Ridge Neighborhood Association, Inc., in substantially the form attached, to lease approximately 2,600 square feet of space at 36 Sheridan Avenue, identified as Tax Map No. 156E-B-001.01, for an additional term of one (1) year through December 16, 2024, for the rent of one dollar ($1.00) per term. (District 9) d. A resolution authorizing the Administrator for the Department of Economic Development to apply for, and if awarded, accept a Recompete Grant from the Economic Development Administration’s (EDA) Recompete PILOT Program, in coordination with Hamilton County, the Chattanooga Area Chamber of Commerce, Chatt 2.0, Benwood, and the Bethlehem Center, to support revitalization of EDA eligible distressed areas in the City where prime-age (25-54 years) employment significantly trails the national average, in the amount of $500,000.00. PUBLIC WORKS e. A resolution authorizing the Administrator for the Department of Public Works to award Contract No. Y-22-011-201, Hixson Community Center Roof Replacement, to Porter Roofing Contractors, Inc., of Morrison, TN, in the amount of $308,075.00, with a contingency in the amount of $30,000.00, for a total amount of $338,075.00. (District 3) VIII. Purchases. IX. Committee Reports. X. Recognition of Persons Wishing to Address the Council. XI. Adjournment. Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 1 TUESDAY, OCTOBER 31, 2023 CITY COUNCIL PROPOSED AGENDA 4:00 PM 1. Call to Order by Chair Dotley. 2. Pledge of Allegiance/Invocation (Councilwoman Coonrod). 3. Special Presentation. 4. Minute Approval. Proposed Order of Business for City Council 5. Ordinances - Final Reading: PLANNING a. 2023-0118 Chambliss, Bahner & Stophel (R-2 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 part of a property located at 1710 South Holtzclaw Avenue, from R-2 Residential Zone to UGC Urban General Commercial Zone, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and Staff) (Deferred from 09-12-2023 & 09-19-2023) (Motion to Reconsider on 10-10-2023) 2023-0118 Chambliss, Bahner & Stophel (R-2 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 part of a property located at 1710 South Holtzclaw Avenue, from R-2 Residential Zone to C-2 Convenience Commercial Zone. (Applicant Version) (Recommended for denial by Planning Commission and Staff) b. 2023-0137 Stephen Brady (Lift Condition). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift Condition No. 2 from Ordinance No. 13624 of previous Case No. MR-2020-0132 after the abandonment of parts of several streets and alleys located near 901 South Holtzclaw Avenue. (Districts 8 & 9) (Recommended for approval by Planning Commission and recommended for deferral by Staff) (Deferred from 09-12-2023 and 10-10-2023) Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 2 c. 2023-0138 Stephen Brady (Lift Condition). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to lift Condition No. 2 from Ordinance No. 13625 from the original abandonment of previous Case No. MR-2020-0134 from property located in the 1300 block of Vance Avenue. (Districts 8 & 9) (Recommended for approval by Planning Commission and recommended for deferral by Staff) (Deferred from 09-12-2023 and 10-10-2023) 6. Ordinances - First Reading: PLANNING a. An ordinance to amend the Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Article XVI, Downtown Form Based Code, Division 1, Introductory Provisions, to add a new Form Based Code Context Area and associated Form Based Code Zones; Section 38-692, Legal Requirements; Section 38-693, Context Areas; Section 38-694, Zones; and amend Division 3, Rules for all zones, Section 38-697, Lot Types; Section 38-698, Measurements and Exceptions; and add new context areas Division 15, Westside and associated zones. (Deferred from 10-10-2023) b. 2023-0156 Tinker Ma, LLC (C-2 Convenience Commercial Zone, R-3 Residential Zone, and R-4 Special Zone to W-N (New Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 957 and 1200 Boynton Drive, 959 Gateway Avenue, 1195, 1200, and two unaddressed properties in the 1200 and 1300 blocks of Grove Street, 1201 Poplar Street, 501 West 12th Street, and 500 West Martin Luther King Boulevard, from C-2 Convenience Commercial Zone, R-3 Residential Zone, and R-4 Special Zone to W-N (New Zone). (District 7) (Recommended for approval by Planning Commission) (Deferred from 10-10-2023) 2023-0156 Tinker Ma, LLC (C-2 Convenience Commercial Zone, R-3 Residential Zone, and R-4 Special Zone to W-N (New Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 957 and 1200 Boynton Drive, 959 Gateway Avenue, 1195, 1200, and two unaddressed properties in the 1200 and 1300 blocks of Grove Street, 1201 Poplar Street, 501 West 12th Street, and 500 West Martin Luther King Boulevard, from C-2 Convenience Commercial Zone, R-3 Residential Zone, and R-4 Special Zone to W-N (New Zone), subject to certain modifications. (Staff Version) PUBLIC WORKS c. MR-2023-0153 RP Central, LLC/John A. Felker (Abandonment). An ordinance closing and abandoning an unopened right-of-way in the 2200 block of Rossville Avenue, as detailed on the attached map, subject to certain conditions. (District 8) (Recommended for approval by Planning Commission and Public Works) Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 3 7. Resolutions: COUNCIL OFFICE a. A resolution to amend Resolution No. 31544 authorizing the Mayor or his designee to enter into a Beneficiary Agreement with the Bethlehem Center to serve as the fiduciary agent for the Chattanooga Empowerment Cowboys, for an amount not to exceed $5,000.00. (District 7) b. A resolution confirming the appointment of Ponda Bailey-Foster to the Community Advisory Committee for Region 6 - Bushtown-Glenwood, with a term beginning on November 1, 2023, and ending on October 31, 2024. (District 8) ECONOMIC DEVELOPMENT c. A resolution authorizing the Mayor or his designee to enter into an office lease with HSOPSNF, LLC, in substantially the form attached, for the use of 100 square feet of office space in a portion of the Family Justice Center located at 5705 Uptain Road, identified as Tax Map No. 157M-A-012, for a term of two (2) years, November 1, 2023, through October 31, 2025, with an option to renew for one (1) additional term of two (2) years, with monthly rent of one hundred dollars ($100.00). (District 6) d. A resolution authorizing the Mayor or his designee to enter into a Donation Agreement with the Chattanooga Housing Authority, in substantially the form attached, for the donation of property located at 501 W. 12th Street, identified as Tax Map No. 145C-B-001, for the purpose of constructing mixed income new housing units as related to the Westside Evolves Redevelopment Plan, and to execute all documents required for the completion of the transaction. (District 7) e. A resolution authorizing the Mayor or his designee to enter into a Donation Agreement with Chattanooga Housing Authority, in substantially the form attached, for the donation of a portion of the property at 1195 Grove Street, identified as Tax Map No. 145F-A-004, for the purpose of constructing a new public right-of-way known as “Grace Street” as outlined in the Westside Redevelopment Plan, and subject to the surplus approval of the property to execute all documents required for the completion of the transaction. (District 7) f. A resolution supporting the application to the U.S. Department of Housing and Urban Development (HUD) for a Choice Neighborhoods Implementation (CNI) Grant and authorizing the Mayor to execute a Partnership Certification with the Chattanooga Housing Authority (CHA) to jointly apply for the CNI Grant, in the amount of $50 million for the Westside Plan, and additionally, commit a total of $1.5 million of Community Development Block Grant (CDBG) funds during the eight (8) year grant period. (District 7) Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 4 g. A resolution of the City Council of the City of Chattanooga, Tennessee, approving the Economic Impact Plan for The Bend Development Project. (District 7) h. A resolution authorizing the Mayor or his designee to enter into a First Agreement to Exercise Option to Renew with Diagnostic Radiology Consultants, P.A., in substantially the form attached, to lease 173 square feet for an x-ray examination area at the City of Chattanooga Well Advantage Center, with rent in the amount of $250.00 per month, for an additional term of two (2) years, through December 31, 2025. (District 8) i. A resolution authorizing the Mayor to execute Quitclaim Deeds conveying fifteen (15) certain or certain combinations of parcels, in substantially the form attached, to the approved highest bidders on properties of the City of Chattanooga and Hamilton County as acquired through previous delinquent tax sales. INFORMATION TECHNOLOGY j. A resolution to apply for, and if awarded, accept a grant from the U.S. Department of Transportation under the Bipartisan Infrastructure Law, Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program for the City of Chattanooga project titled, “A Nationally Scalable C-V2X PILOT Deployment: Advancing Interoperability Connectivity for Improving Safety and Operations in the City”, for an amount not to exceed $2 million. LEGAL k. A resolution amending Resolution No. 31674 by authorizing the Office of the City Attorney to engage with the following additional firms for legal and lobbying services: (23) Messer * Fort; and (24) Reno & Cavanaugh, PLLC, for the period of October 1, 2023, through June 30, 2024. PARKS & OUTDOORS l. A resolution rescinding Resolution No. 25339 to eliminate the Park Rangers’ positions for special police commission authority. m. A resolution authorizing the waiver of park rental fees for RiverCity Company in support of Reindeer on the Riverfront for the dates of November 22, 23, and 24, 2023, to be held in Ross’s Landing, Renaissance Park, and Chattanooga Green, with a deposit in the amount of $2,500.00 (responsibility of the applicant), for a total amount of $3,500.00. Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 5 PLANNING n. Coradini Properties (Acme Liquors, Inc. d/b/a Valley Wine and Spirits) (Special Exceptions Permit). A resolution approving a new Special Exceptions Permit for an existing liquor store located at 3540 Cummings Hwy., Chattanooga, TN 37419. (District 1) PUBLIC WORKS o. A resolution authorizing the Administrator for the Department of Public Works to award Contract No. F-22-005-201, Fire Hall #10 and #12 Concrete Repairs, to J. Brennon Construction, Inc., of Dalton, GA, in the amount of $96,332.19, with a contingency in the amount of $9,750.00, for a total amount of $106,082.19. (Districts 2 & 8) p. A resolution authorizing the Public Works Administrator to accept a Historic Preservation Fund Grant in the amount of $70,000.00 from the Tennessee Historical Commission and authorizing the $50,000.00 match from Regional Planning Agency fund balance, for a total project cost of $120,000.00, to update historical guidelines and create landmark guides for local landmarks and historic districts. (Districts 7 & 8) (Added with permission by Vice-Chair Hill) WASTEWATER q. A resolution authorizing the Administrator for the Wastewater Department to approve Change Order No. 1 with Reeves Young, LLC, of Sugar Hill, GA, for Contract Nos. W-17-023-201 and W-18-008-201, MBWWTP Improvements – Schedules A and B, due to the duration of administration period, flow splitter box design changes, additional slide gate purchase, and utility conflict resolution, for an increase of $1,132,610.53, for a revised amount of $9,399,610.53, with a contingency in the amount of $413,450.00, for a total amount of $9,813,060.53. r. A resolution authorizing the Administrator for the Wastewater Department to enter into an agreement for grant administration services with Southeast Tennessee Development District (SETDD) for technical and professional administrative services for one (1) City project financed through the Clean Water State Revolving Loan Fund (SRF), for a total project cost not to exceed $31,500.00. 8. Purchases. 9. Committee Reports. 10. Other Business. (Items Listed Below): Proposed Agenda for Tuesday, October 31, 2023 SUBJECT TO COUNCIL ACTION Page 6 ● Certificate of Compliance, Acme Liquors, Inc. d/b/a Valley Wine and Spirits, 3540 Cummings Hwy., Chattanooga, TN 37419. (District 1) ● Certificate of Compliance, Mac's Convenience Stores, LLC d/b/a Circle K #4703955, 4600 Highway 58, Chattanooga, TN 37416. (District 5) ● Certificate of Compliance, Joe’s Kwik Marts, LLC d/b/a Joe’s Kwik Marts, 7420 Bonny Oaks Drive, Chattanooga, TN 37421. (District 6) ● Certificate of Compliance, Mac's Convenience Stores, LLC d/b/a Circle K #4703954, 100 West 20th Street, Chattanooga, TN 37408. (District 7) 11. Recognition of Persons Wishing to Address the Council. 12. Adjournment.  October 24, 2023, Council Session Recommended New Purchases Council approval is recommended to award contracts for the following new purchases: Department Feedback for Renewals - Still Being Refined ANNUAL Accuracy BIDS BIDS DOCUMENTATION Other Responsiveness Timeliness Quality of DEPARTMENT ITEM DESCRIPTION LOWEST/BEST BIDDER COST FUND NAME SUMMARY of REQUESTED RETURNED LINK notes to contact of delivery goods/services ESTIMATE invoicing Year two (2) renewal of four (4). A 7.0% price increase was Increase of submitted at the time of Year 2 Fleet $17,500 for a East Ridge Fast Lube due to every April the 4790 Management Tires for Small & Light total contract - - 3208 Ringgold Road Municipal Garage Bridgestone/Firestone price PA100342 4/4 4/4 4/4 4/4 Division, Public Duty Vehicles amount for Chattanooga, TN 37412 book changes and the vendor Works Year 2 of absorbs the cost until the 1 year $267,500 term is over. New estimated annual spend is $267,500. New blanket contract for Custodial Services at the Family Justice Center. This will Custodial Services at DetailXperts Facilities, Public be a four (4) year agreement the Family Justice 7 5 651 E Fourth Street, Suite 200 $65,000.00 General Fund 200571 N/A N/A N/A N/A N/A Works not to exceed $65,000 per year. Center Chattanooga, TN 37403 The award will go to DetailXperts, as the best bid for the City of Chattanooga. An RFP was conducted for a licensed real estate agent. The award recommendation has Second Story Property been made to Second Story Economic Management LLC Licensed Real Estate Property Management, LLC. Development 6 4 800 Market Street $5,000.00 General Funds PA100592 N/A N/A N/A N/A N/A Agent This will be a 4 year agreement (Real Property) Suite 222 not to exceed $5,000. The Chattanooga, TN 37402 majority of the costs associated with this service will be paid from proceeds of sales. Requesting twelve (12) month extension on city wide cellular Verizon Cellular Verizon Wireless services - Blanket Agreement Dept of Devices, Services, And Adam Cline General 556671 under State of TN Technology - - $900,000.00 556671 N/A N/A N/A N/A N/A Business Solutions (City 5959 Shallowford Rd #109 Fund Statewide Contract SWC# Services (DTS) wide use) Chattanooga, TN 37421 R811 . Current contract expires Oct 31, 2023. Statewide contract expires 10/31/2024 Respectfully submitted, Debbie Talley, Interim Chief Procurement Officer