City Council Agenda For Feb. 19

Friday, February 15, 2013
Here is the City Council agenda for next Tuesday at 6 p.m. at City Hall:

I. Call to Order.

II.  Pledge of Allegiance/Invocation. (Led by Caleb George - Teen Advisory Council – Gang Task Force)

III. Minute Approval. 

IV. Special Presentation:  

V. Ordinances – Final Reading: 

a) 2012-089 Napier Associates/Defoor Brothers Development, LLC/Gunbarrel Partners/Waterside Property Investment, LLC (R-1 Residential Zone and MXU Zone to C-4 Planned Commerce Center Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone parts of properties located at 2351, 2417, 2424, 2428, and 2440 Elam Lane; 2545 and 2565 Lifestyle Way; and 2515 and 2519 Gunbarrel Road, more particularly described herein, from R-1 Residential Zone and MXU Zone to C-4 Planned Commerce Center Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

 b) 2013-008 Napier Associates/Defoor Brothers (Amend Conditions.)  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to amend conditions of Case No. 2012-014 to change MXU Boundary and Plan on properties located in the 2300 and 2400 blocks of Gunbarrel Road, being more particularly described herein, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

c) 2013-013 Grace Episcopal Church/Randy Durham (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 properties located at 4018, 4022, and 4026 Brainerd 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.)  (District 6.)

d) 2013-015 Hole Foods, LLC c/o Rob Renner/Dr. Gene Rudnick (O-1 Office Zone and 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 7737 East Brainerd Road, more particularly described herein, from O-1 Office Zone and R-1 Residential Zone to C-2 Convenience Commercial Zone.  (Recommended for approval by Planning and Staff.)  (District 4.)

e) 2013-016 Ragan-Smith Associates/Brant Enderle (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 properties located in the 3800 block of Cummings Road, more particularly described herein, from R-1 Residential Zone to R-3 Residential Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 1.)

f) MR-2012-158 Alan Haniszewski-RTB Holdings (Abandonment).  An ordinance closing and abandoning of a portion of an unopened right-of-way located in the 1900 block of Jefferson Street, more particularly described herein, subject to certain conditions.  (District 7.)

VI. Ordinances – First Reading:

VII. Resolutions:

a) A resolution authorizing Hewitt Coleman to pay an on-the-job injury settlement to City Employee, Joshua Wright, in the amount of $21,835.00 for permanent partial impairment rating and $8,165.00 for future medical expenses, for a total amount of $30,000.00.

b) A resolution authorizing IBI Power Company c/o Tom Wessenbuehler to use temporarily the right-of-way located at 6203 through 6207 Jim Snow Way (Dead End Road) for the use of day to day operations by IBI Power.  (District 6.)

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, Feb. 26.

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

XIV. Adjournment.

Agenda for Tuesday, Feb. 26: 

1. Call to Order.

2. Pledge of Allegiance/Invocation (Councilman Gilbert).

3. Minute Approval.

4. Special Presentation:  

5. Ordinances - Final Reading:

6. Ordinances – First Reading:

a) MR-2012-022 City of Chattanooga c/o Bill Payne (Abandonment).  An ordinance closing and abandoning of a portion of right-of-way in the 5100 block of Old Hixson Pike beginning at the intersection of Northpoint Boulevard and Old Hixson Pike, more particularly described herein, subject to certain conditions.  (District 3.)

7. Resolutions:

a) A resolution authorizing the payment of 2013 membership dues for the U.S. Conference of Mayors, in the amount of $12,242.00.

b) A resolution authorizing the renewal of Federal Aviation Administration (FAA) Lease No. DTFA 6-3-L-04444, for Low Level Warning System (LLWAS) numbers 5, 6, and 9 covering Lovell Field Airport, with lease expiring on September 30, 2013 and the renewal expiring on September 30, 2033.

c) A resolution authorizing the Director of General Services to execute a contract with Wright Brothers Construction for soil cap restoration on the Brownfield site of the closed 36th Street Landfill, in the amount of $96,866.96.  (District 7.)

d) A resolution authorizing the Director of General Services to execute a contract with Thomas Brothers Construction for soil cap restoration on the Brownfield site at Tennessee Avenue, in the amount of $201,000.00.  (District 7.)

e) A resolution authorizing the Chief of the Chattanooga Fire Department to apply for and, if awarded, accept the 2012-2013 Clean Tennessee Energy Grant under the Tennessee Department of Environment and Conservation (TDEC) for use to install geothermal heating and cooling systems in two new stations, Station 9 (East Lake) and Station 11 (Hixson) to begin construction this year, City funds will have a 50% match of $32,760.00, for a total project cost in the amount of $65,520.00.

f) A resolution authorizing the appointment of Olivia Swafford as a special police officer (unarmed) for Animal Care Trust d/b/a McKamey Animal Care and Adoption Center, Inc., to do special duty as prescribed herein, subject to certain conditions.

g) A resolution authorizing Change Order No. 1 (Final) for Yerbey Concrete Construction relative to Contract No. R-12-001-201, Main Terrain Art Park Bike Shelter, for a decreased amount of $3,620.00, for a revised contract amount not to exceed $24,280.00, and to release the contingency amount of $3,000.00.  (District 8.)

h) A resolution authorizing the Department of Public Works to purchase used construction equipment, including a used Caterpillar Hydraulic Excavator, for an approximate amount of $168,000.00.

i) A resolution authorizing an Amendment of Contract in Lieu of Performance Bond relative to the Closure/Post Closure Plan for the City Landfill with the State of Tennessee, Division of Solid Waste Management, arising from an annual inflation adjustment, by increasing the bond amount from $6,591,417.00 to $6,710,568.00.

j) A resolution authorizing an Amendment of Contract in Lieu of Performance Bond relative to the Closure/Post Closure Plan for the City Landfill, Lateral Expansion Area 3 with the State of Tennessee, Division of Solid Waste Management, arising from an annual inflation adjustment, by increasing the bond amount from $7,032,925.00 to $7,166,551.00.

k) A resolution authorizing an Amendment of Contract in Lieu of Performance Bond relative to the Closure/Post Closure Plan for the Summit Sanitary Landfill with the State of Tennessee, Division of Solid Waste Management, by decreasing the bond amount from $2,496,677.00 to $2,385,107.00.

l) A resolution to amend the agreement with Terracon to complete the necessary assessments for the requirements of the EPA Brownfield grant in order to increase the amount by no more than $2,100.00 for a total project cost in the amount of $223,700.00.

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, March 5.

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

14. Adjournment.


Red Bank Police Say Topless Woman Ran From Man Who Threatened To Kill Her

Red Bank Police said a topless woman on Monday ran outside from a man who was threatening to kill her. Christopher Demetrius Lane, 20, of 4324 Shawnee Circle, Chattanooga, was charged with aggravated assault, aggravated kidnapping and aggravated sexual battery. Police went to 1105 Dayton Blvd. after a caller who would not give a name said there was loud screaming and what ... (click for more)

Former Sheriff's Deputy Nabbed In TBI Theft, Misconduct Case

Special agents from the Tennessee Bureau of Investigation have obtained indictments for a former Scott County Sheriff’s Department deputy accused of misconduct. At the request of 8 th  District Attorney General Jared Effler, TBI special agents began investigating Cody Scott Yancey on Oct. 16, 2014. During the course of the investigation, agents developed information that ... (click for more)

Physicians Thank Their Patients On Doctor’s Day

March 30 has been set aside as National Doctors’ Day since 1933 as a time to recognize the contributions made by our physicians. While the recognition is appreciated, our greatest satisfaction comes from caring for our patients.  For 132 years, the Chattanooga-Hamilton County Medical Society has been the physicians’ voice as we worked together to improve health of our community. ... (click for more)

Roy Exum: Goodbye, Dr. Nassour

About 51 years ago, right after Jim Creel had graduated from the University of Texas and was in Guadalajara for medical school, he was surprised to find a complete stranger sitting on his battered and dusty Volkswagen. “He had seen my Longhorns sticker and was thrilled to find somebody else in Mexico who loved the University of Texas. “That’s when our friendship started and it ... (click for more)

'Canes Edge Mustangs On Cox's Game-Winner In 7th

(Story will be updated) Maybe it was just East Hamilton’s turn to win a one-run game. After dropping 5-4 and 2-1 decisions to District 5-AAA rivals Bradley Central and McMinn County, respectively, the Hurricanes weren’t about to lose their third straight one-run decision in league play on Tuesday. So, Kyle Cox and Matt Milita, two of the team’s five seniors, decided ... (click for more)

Central Scores Early, Hangs On To Beat Red Bank, 7-6

Central baseball coach Glen Carter could finally breathe a sigh of relief. His Purple Pounders had bolted to a 7-0 lead in the first three innings of Monday's 6-AA skirmish with the Red Bank Lions and things were looking pretty good for those guys in purple. But it all came down to Red Bank's final at-bat.  The Lions sent eight hitters to the plate and scored ... (click for more)