City Council Agenda For Tuesday Night

Saturday, November 10, 2012
Here is the City Council agenda for Tuesday at 6 p.m. at City Hall:


AGENDA FOR TUESDAY, NOV. 13

I. Call to Order.

II.  Pledge of Allegiance/Invocation (Councilwoman Robinson).

III. Minute Approval. 

IV. Special Presentations:  

“Introduction of Delegation from our Sister City of Hamm, Germany – Mayor Littlefield”

“Presentation of the GFOA Awards and Recognition of the Finance Staff – Daisy Madison”

V. Ordinances – Final Reading:   

a) An ordinance to amend Ordinance No. 12622 known as “the Fiscal Year 2012-2013 Budget Ordinance” so as to appropriate $75,000.00 from the General Fund contingency to the Chattanooga Regional Homeless Coalition to be used to provide emergency night shelter for individuals and families during the period December 1, 2012 through February 28, 2013.

VI. Ordinances – First Reading:

a) An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Section 38-672(2), Method of procedure to include special permit petitions.

b) An ordinance to amend Chattanooga City Code, Part II, Chapter 18, Article VII, Section 18-124, relative to Wood recycling and compost facility.

c) An ordinance to amend Chattanooga City Code, Part II, Chapter 31, Article II, Sewer Service Charges, Section 31-36, Schedule, relative to late fees on unpaid sewer bills.  (Revised.)

d) 2012-117 Ericka Stearns (R-1 Residential 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 906 East 10th Street, more particularly described herein, from R-1 Residential Zone to R-3 Residential Zone. (Recommended for denial by Planning and Staff.)  (District 8.)

e) 2012-121 The Broadway Group, LLC/Lee McCay/Tiftonia Church of Christ (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 property located at 151 Browns Ferry Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 1.)

2012-121 The Broadway Group, LLC/Lee McCay/Tiftonia Church of Christ (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 property located at 151 Browns Ferry Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

f) 2012-129 John Wise (M-1 Manufacturing Zone to C-3 Central Business Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1810 Chestnut Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 8.)

2012-129 John Wise (M-1 Manufacturing Zone to C-3 Central Business Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1810 Chestnut Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version.)

g) 2012-131 Don Skiles (R-1 Residential Zone to R-3MD Moderate Density Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6811 McCutcheon Road, more particularly described herein, from R-1 Residential Zone to R-3MD Moderate Density Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-131 Don Skiles (R-1 Residential Zone to R-3MD Moderate Density Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6811 McCutcheon Road, more particularly described herein, from R-1 Residential Zone to R-3MD Moderate Density Zone.  (Applicant Version.)

h) 2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein, from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning.)  (District 5.)

2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Staff.)

2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein from R-4 Special Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

i) 2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone, subject to certain conditions.  (Recommended for approval by Planning.)  (District 2.)

2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone, subject to certain conditions.  (Recommended for approval by Staff.)

2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone.  (Applicant Version.)

j) 2012-143 James D. Lee (R-1 Residential Zone to C-5 Neighborhood Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 8203 East Brainerd Road, more particularly described herein, from R-1 Residential Zone to C-5 Neighborhood Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-143 James D. Lee (R-1 Residential Zone to C-5 Neighborhood Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 8203 East Brainerd Road, more particularly described herein, from R-1 Residential Zone and R-2 Residential Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

k) MR-2011-107 Paul Mallchock (Abandonment).  An ordinance closing and abandoning of an unnamed alley located in the 200 block of Baker Street, more particularly described herein, subject to certain conditions.  (District 1.)  (Deferred from 11/6/2012.)  (Revised.)

l) MR-2012-142 RWM Technologies (Abandonment).  An ordinance closing and abandoning of a portion of sanitary sewer line and sewer easement on the property located at 3801 North Hawthorne Street, more particularly described herein, subject to certain conditions.  (District 9.)

VII. Resolutions:

a) A resolution authorizing the Administrator of the Department of Parks and Recreation to enter into a Lease Agreement with Ballet Tennessee for the ground level wing of the John A. Patten Arts Center for a term beginning January 1, 2013 through December 31, 2013 at the rate of $1,400.00 per month and other considerations.  (Revised.)

b) A resolution authorizing the Mayor to execute an easement to the Electric Power Board for the purpose of extending underground single phase primary facilities to allow Hamilton County to construct a new maintenance facility located at Enterprise Nature Park, with the City of Chattanooga and to reimburse Hamilton County for one-half in the amount of $127,500.00, for a total amount not to exceed $255,000.00.  (District 4.)

c) A resolution authorizing the Chief Information Officer to enter into an agreement with a selected vendor to upgrade the current Oracle E-Business Suite (EBS) 11.5.10.2 to R12.1.3.

d) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 3A, which is adjacent to Textile Lane and Cummings Highway near Lookout Creek at the base of Lookout Mountain.  (District 1.)

e) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 3C, which includes properties adjacent to Ruby Falls and the U.S. Park Service on the side of Lookout Mountain.  (District 1.)

f) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 4B, being certain parcels adjacent to streets including, but not limited to, Gold Crest, Dahl Springs, and Fairview Road.  (District 3.)

g) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 8B which is adjacent to Interstate 75 and Relocation Way.  (District 4.)

h) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 9A which is adjacent to the Enterprise South property and the right-of-way of Interstate 75.  (District 4.)

i) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 10A which is adjacent to Old Lee Highway.  (District 4.)

j) A resolution authorizing and directing the Clerk of the Council to advertise the public hearing on December 4, 2012, at 6:00 p.m., a report on the progress of the Plan of Services following the annexation of Area 10B which is adjacent to Old Lee Highway and Apison Pike.  (District 4.)

k) 2012-144 Chattanooga Construction Company, LLC (Special Exceptions Permit).  A resolution approving a Special Exceptions Permit for a Residential Planned Unit Development on properties located in the 100 through 200 blocks of Templeton Lane, subject to certain conditions.  (District 3.)

VIII. Overtime Report.

IX. Departmental Reports:

a) Department of Human Services.

b) Department of Parks and Recreation.

c) Department of Public Works.

d) Department of Neighborhood Services.

e) Department of Education, Arts & Culture.

f) Fire Department.

g) Police Department.

h) Department of Personnel.

i) Department of Finance and Administration.

j) City Attorney.

X. Other Business.

XI. Committee Reports.

XII. Agenda Session for Tuesday, Nov. 20.

XIII. Recognition of Persons Wishing to Address the Council on Non-Agenda Matters.

XIV. Adjournment.


AGENDA FOR TUESDAY, NOV. 20:

1. Call to Order.

2. Pledge of Allegiance/Invocation (Council Chairwoman Ladd).

3. Minute Approval.

4. Special Presentation:  

5. Ordinances - Final Reading:

a) An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Section 38-672(2), Method of procedure to include special permit petitions.

b) An ordinance to amend Chattanooga City Code, Part II, Chapter 18, Article VII, Section 18-124, relative to Wood recycling and compost facility.

c) An ordinance to amend Chattanooga City Code, Part II, Chapter 31, Article II, Sewer Service Charges, Section 31-36, Schedule, relative to late fees on unpaid sewer bills.

d) 2012-117 Ericka Stearns (R-1 Residential 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 906 East 10th Street, more particularly described herein, from R-1 Residential Zone to R-3 Residential Zone. (Recommended for denial by Planning and Staff.)  (District 8.)

e) 2012-121 The Broadway Group, LLC/Lee McCay/Tiftonia Church of Christ (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 property located at 151 Browns Ferry Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 1.)

2012-121 The Broadway Group, LLC/Lee McCay/Tiftonia Church of Christ (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 property located at 151 Browns Ferry Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

f) 2012-129 John Wise (M-1 Manufacturing Zone to C-3 Central Business Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1810 Chestnut Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 8.)

2012-129 John Wise (M-1 Manufacturing Zone to C-3 Central Business Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1810 Chestnut Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version. 

g) 2012-131 Don Skiles (R-1 Residential Zone to R-3MD Moderate Density Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6811 McCutcheon Road, more particularly described herein, from R-1 Residential Zone to R-3MD Moderate Density Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-131 Don Skiles (R-1 Residential Zone to R-3MD Moderate Density Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 6811 McCutcheon Road, more particularly described herein, from R-1 Residential Zone to R-3MD Moderate Density Zone.  (Applicant Version.)

h) 2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein, from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning.)  (District 5.)

2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein from R-4 Special Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Staff.)

2012-137 Homebuilders Association/Teresa Groves (R-4 Special Zone to C-2 Convenience Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 3215, 3219, and 3221 Harrison Pike, more particularly described herein from R-4 Special Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

i) 2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone, subject to certain conditions.  (Recommended for approval by Planning.)  (District 2.)

2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone, subject to certain conditions. (Recommended for approval by Staff.)

2012-140 Barry Evans/James Pratt (R-4 Special Zone to R-TZ 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 402 Forest Avenue, more particularly described herein, from R-4 Special Zone to R-TZ Residential Townhouse Zero Lot Line Zone.  (Applicant Version.)

j) 2012-143 James D. Lee (R-1 Residential Zone to C-5 Neighborhood Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 8203 East Brainerd Road, more particularly described herein, from R-1 Residential Zone to C-5 Neighborhood Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-143 James D. Lee (R-1 Residential Zone to C-5 Neighborhood Commercial Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 8203 East Brainerd Road, more particularly described herein, from R-1 Residential Zone and R-2 Residential Zone to C-2 Convenience Commercial Zone.  (Applicant Version.)

k) MR-2011-107 Paul Mallchock (Abandonment).  An ordinance closing and abandoning of an unnamed alley located in the 200 block of Baker Street, more particularly described herein, subject to certain conditions.  (District 1.)  (Deferred from 11/6/2012.)

l) MR-2012-142 RWM Technologies (Abandonment).  An ordinance closing and abandoning of a portion of sanitary sewer line and sewer easement on the property located at 3801 North Hawthorne Street, more particularly described herein, subject to certain conditions.  (District 9.)

6. Ordinances – First Reading:

a) An ordinance amending Chattanooga City Code, Article XIII, Chapter 2, Section 756, Use of municipal time, facilities, etc.

7. Resolutions:

a) A resolution authorizing the name of Park 48 located on M. L. King Boulevard be changed to Whiteside Park in honor of the late Dr. Bill Whiteside and Sister Maudette Whiteside, Founders of Good Neighbors, Inc.  (District 8.)

b) A resolution authorizing the Administrator of the Department of Parks and Recreation to apply for and, if granted, accept a grant from the United States Olympic Committee Paralympics Integrated Adaptive Sports Program to benefit the Scenic City Adaptive Rowing and Paddling Program, in the amount of $15,722.00.

c) A resolution authorizing Change Order No. 1 (Final) for Volunteer Excavating Company, Inc. relative to Contract No. E-11-006-201, Bituminous Surface Treatment, for a decreased amount of $91,032.88, for a revised contract amount not to exceed $132,749.58, and to release the remaining contingency of $22,378.54.  (Districts 7, 8 & 9.)

d) A resolution authorizing Change Order No. 1 (Final) for Yerbey Concrete Construction, relative to Contract No. E-11-005-202, CDBG Sidewalk Requirements Contract, for an increased amount of $6,404.48, for a revised contract amount not to exceed $645,404.48.  (Districts 1, 7, 8 & 9.)

e) A resolution authorizing Change Order No. 1 (Final) for Kleenco Construction of Tennessee, Inc., relative to Contract No. E-03-044-201, Oakwood Drive at Jersey Pike Intersection Improvement, for an increased amount of $5,585.25, for a revised contract amount not to exceed $430,519.75, and to release the remaining contingency amount of $37,414.75.  (District 5.)

f) A resolution authorizing Change Order No. 1 (Final) for Volkert & Associates, Inc., relative to Contract No. E-03-044-101, for professional services relative to Oakwood Drive at Jersey Pike Intersection Improvement, for a decreased amount of $6,729.79, for a revised contract amount not to exceed $55,470.21.  (District 5.)

g) A resolution authorizing Change Order No. 1 (Final) for Duracap Asphalt Paving Company, Inc. relative to Contract No. E-12-001-201, 2012 Bituminous Surface Treatment, for an increased amount of $62,324.31, for a revised contract amount not to exceed $338,224.31.  (Districts 7, 8 & 9.)

h) A resolution authorizing Change Order No. 1 (Final) for Chattanooga Housing Authority relative to Contract No. W-12-001-801, City Sanitary Sewer Rehabilitation for Boynton Terrace Apartments, for a decreased amount of $28,802.90, for a revised amount not to exceed $18,397.10.  (District 8.)

i) A resolution authorizing Vision Hospitality Group, Inc. c/o Jan Pass to use temporarily a portion of a right-of-way located at 411 Market Street for installation of awnings, landscaping, and containers, as shown on the drawing attached hereto and made a part hereof by reference, subject to certain conditions.  (District 8.) 

j) A resolution authorizing Magnolia Investors, LLC c/o Marcus Jones to use temporarily a right-of-way located along Meroney Street for the installation of a private sanitary sewer lateral for a new residential home, as shown on the maps attached hereto and made a part hereof by reference, subject to certain conditions.  (District 1.)

k) A resolution authorizing The Crash Pad c/o Dan Rose to use temporarily a portion of a right-of-way located in the 100 block of Johnson Street for the installation of a sprinkler fire pit for a new commercial development, as shown on the map and drawing attached hereto and made a part hereof by reference, subject to certain conditions.  (District 8.)

l) A resolution authorizing the Administrator of the Department of Public Works to enter into an agreement with True North Geographic Technologies, LLC relative to Contract No. S-09-003-102, Integration of the Water Quality Data Management System, for an amount not to exceed $98,384.00.

m) A resolution authorizing the Chief of the Chattanooga Fire Department to enter into an Interlocal Agreement with the Town of Signal Mountain to pay for water usage for any Fire Department training, firefighting, flow testing, and flushing in the area of Palisades and Balmoral Drive.  (District 1.)

8. Overtime Report.

9. Departmental Reports:

a) Department of Human Services.

b) Department of Parks and Recreation.

c) Department of Public Works.

d) Department of Neighborhood Services.

e) Department of Education, Arts & Culture.

f) Fire Department.

g) Police Department.

h) Department of Personnel.

i) Department of Finance and Administration.

j) City Attorney.

10. Other Business. 

11. Committee Reports.

12. Agenda Session for Tuesday, Nov. 27.

13. Recognition of Persons Wishing to Address the Council on Non-Agenda Matters.

14. Adjournment.


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