City Council Agenda For Feb. 12

Friday, February 8, 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 (Councilman Benson).

III. Minute Approval. 

IV. Special Presentation:  

V. Ordinances – Final Reading: 

a) An ordinance to amend Chattanooga City Code, Part II, Chapter 3, Section 3-55, relative to new scenic corridor.

b) An ordinance to amend Chattanooga City Code, Part II, Chapter 24, Section 502, relative to Schedule II – Speed on through streets.

VI. Ordinances – First 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.)

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.  (Applicant Version.)

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.)

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.  (Applicant Version.)

c) 2013-009 Taqi Ali Mirza and Ron Morrer/Susan Higley (C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1951 and 2017 Dodson Avenue, more particularly described herein, from C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone, subject to certain conditions.  (Recommended for approval by Planning and denial by Staff.)  (District 8.)

2013-009 Taqi Ali Mirza and Ron Morrer/Susan Higley (C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1951 and 2017 Dodson Avenue, more particularly described herein, from C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone.  (Applicant Version.)

d) 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.)

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 Staff.)

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.  (Applicant Version.)

e) 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.)

f) 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.)

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.  (Applicant Version.)

g) 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.)

VII. Resolutions:

a) A resolution authorizing Community Pie c/o Taylor Mohen to use temporarily the right-of-way located at 850 Market Street for the installation of two lighted signs at a commercial establishment, as shown on the drawings attached hereto and made a part hereof by reference, subject to certain conditions.  (District 8.)

b) A resolution authorizing the Gang Task Force Coordinator to enter into a discounted contract with WTCI for the production of a Gang Task Force Mentoring Roundtable Program, in the amount of $10,000.00.

c) A resolution authorizing the appointment of Mark Heinzer as a special police officer (unarmed) for the City of Chattanooga Public Works Department, to do special duty as prescribed herein, subject to certain conditions.

d) 2013-014 B & L Builders (Special Exceptions Permit).  A resolution approving a Special Exceptions Permit for a Preliminary and Final Residential Planned Unit Development on properties located at 7435 and 7437 Pinewood Drive, subject to certain requirements attached.  (District 4.)

e) 2013-017 Ragan-Smith Associates/Brant Enderle (Special Exceptions Permit).  A resolution approving a Special Exceptions Permit for a Single Family Preliminary Planned Unit Development on properties located in the 3800 block of Cummings Road, subject to certain requirements attached.  (District 1.)

f) A resolution approving the Mayor’s appointment of the Board of Commissioners for the Moccasin Bend Clean Water Authority as set forth herein.

g) A resolution approving the appointment of Anne Fricker to the Animal Control Board for Council District 6 to fulfill the unexpired term of Tammy Stone which term will expire December 18, 2015.

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. 19

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

XIV. Adjournment.

Agenda for Tuesday, Feb. 19 

1. Call to Order.

2. Pledge of Allegiance/Invocation (Teen Advisory Council – Gang Task Force)

3. Minute Approval.

4. Special Presentation:  

5. 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.)

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.  (Applicant Version.)

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.)

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.  (Applicant Version.)

c) 2013-009 Taqi Ali Mirza and Ron Morrer/Susan Higley (C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1951 and 2017 Dodson Avenue, more particularly described herein, from C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone, subject to certain conditions.  (Recommended for approval by Planning and denial by Staff.)  (District 8.) 

2013-009 Taqi Ali Mirza and Ron Morrer/Susan Higley (C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1951 and 2017 Dodson Avenue, more particularly described herein, from C-2 Convenience Commercial Zone and M-2 Light Industrial Zone to M-1 Manufacturing Zone.  (Applicant Version.)

d) 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.)

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 Staff.)

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.  (Applicant Version.)

e) 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.)

f) 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.) 

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.  (Applicant Version.)

g) 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.)

6. Ordinances – First Reading:

7. Resolutions:

a) A resolution approving payment for the purchase of Brocade equipment for the new health and wellness center, in the amount of $112,182.26.

b) 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.

c) 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.)

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, Feb. 26

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

14. Adjournment.




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