City Council Agenda For March 12

Monday, March 11, 2013

Here is the City Council agenda for Tuesday at 6 p.m. at City Hall:


I. Call to Order.

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

III. Minute Approval. 

IV. Special Recognition:

“Social Work Month” – Councilwoman Berz

V. Ordinances – Final 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.)  (Revised.)

VI. Ordinances – First Reading:

a) 2012-012 Kosygin Lameechee Jones (R-1 Residential Zone, R-2 Residential Zone, and R-5 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 8025, 8067, 8109, 8117, and 8119 Old Cleveland Pike, more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone, and R-5 Residential Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-012 Kosygin Lameechee Jones (R-1 Residential Zone, R-2 Residential Zone, and R-5 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 8025, 8067, 8109, 8117, and 8119 Old Cleveland Pike, more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone, and R-5 Residential Zone to C-2 Convenience Commercial Zone. (Applicant Version.)

b) 2013-001 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5300 block of Highway 58, and 5136, 5141, and 5145 Turkeyfoot Trail, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-A” of Ordinance No. 12312 and Ordinance No. 12513, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

c) 2013-002 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5400 block of Highway 58 and 8604 North Hickory Valley Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-B” of Ordinance No. 12313 and Ordinance No. 12514, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

d) 2013-003 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5500 to 6300 blocks of Highway 58, Mahlon Drive, Harrison-Ooltewah Road, Clark Road, Holder Road, Easter Drive, Tyner Lane, and Church Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-C” of Ordinance No. 12314 and Ordinance No. 12515, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

e) 2013-004 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located on Hunter Road, I-75, Sue Ron Lane, and Ooltewah-Harrison Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 8-A” of Ordinance No. 12296 and Ordinance No. 12556, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

f) 2013-005 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located on Hunter Road, I-75, Sue Ron Lane, and Ooltewah-Harrison Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 9-B” of Ordinance No. 12317 and Ordinance No. 12543.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

g) 2013-024 BYD, LLC/Kevin C. Boehm/GADG Leasing, Ltd. (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 1616 Broad 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.)

2013-024 BYD, LLC/Kevin C. Boehm/GADG Leasing, Ltd. (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 1616 Broad Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version.)

h) 2013-025 Hefferlin & Kronenberg (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 properties located at 625 East Main 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.)

2013-025 Hefferlin & Kronenberg (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 properties located at 625 East Main Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version.)

i) 2013-027 Inasmuch, Inc. d/b/a The Samaritan Center (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 property located at 6021 Ooltewah Georgetown Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone.  (Recommended for approval by Planning and Staff.)  (District 4.)

j) MR-2009-073 Reginald Ruff, III for John P. Franklin, Jr. (Abandonment).  An ordinance closing and abandoning of a part of an unopened alley located in the 2500 block of East 12th Street, more particularly described herein, subject to certain conditions.  (District 7.)

k) MR-2009-076 Mike Price for Crosswinds Properties, LLC (Abandonment).  An ordinance closing and abandoning of a portion of a sewer easement located at 712 and 716 Gentry Road, more particularly described herein, subject to certain conditions.  (District 4.)

VII. Resolutions:

a) A resolution authorizing the Fire Chief to request the installation of twenty-five (25) fire hydrants to be installed by Tennessee American Water Company, at no charge, which locations will be determined after consulting the Chattanooga Fire Department Water Supply Division.

b) A resolution authorizing the Director of General Services to execute any and all documents to grant permanent easements to Chattanooga Warehouse Group, GP upon a portion of property jointly-owned by Hamilton County and the City of Chattanooga located within the Tennessee Riverpark for the purpose of access and maintenance of its existing outdoor entrance sign, billboard, and valve box.  (District 9.)

c) A resolution authorizing the Administrator of the Department of Public Works to enter into an agreement with Arcadis U.S., Inc. for professional engineering service relative to Contract No. S-13-001, Development of a Credit and Incentive Manual for the Water Quality Program, for an amount not to exceed $149,985.00.

d) A resolution authorizing the Administrator of the Department of Public Works to enter into an agreement with Data West Corporation for the purchase of eight (8) additional user licenses for the BillMaster Utility Billing Software (ENCO Sewer Billing) for the Moccasin Bend Wastewater Treatment Plant, for an amount not to exceed $12,000.00. 

e) A resolution authorizing Change Order No. 1 (Final) for Talley Construction Company, Inc. relative to Contract No. E-11-010-201, Gunbarrel Road at Hamilton Place Entrance Intersection Improvements, for a decreased amount of $21,000.75, for a revised contract amount not to exceed $339,650.81.  (District 4.)

f) A resolution authorizing the Mayor to amend the agreement with the Hamilton County Water and Wastewater Treatment Authority (HCWWTA) and the City of Rossville, Georgia, relative to a Utility Planning Network for additional consultant services related to the billing and collection of sewer charges, for an amount not to exceed $140,000.00, wherein the City’s portion is 70.92% or not to exceed $99,288.00, for a total project cost in the amount of $314,000.00.


g) A resolution authorizing the adoption of Summit Plan.  (Added by permission of Council Chairwoman Ladd.)  (Revised.)

h) A resolution authorizing the execution of Change Order No. 1 (Final) to the agreement with RBA Construction, Inc. for additional services performed by Signature Bridge, Inc. on the South Chickamauga Creek Greenway (Contract No. R-09-001), for an increased amount of $181,150.91, for a revised contract amount not to exceed $2,726,078.76.  (District 5.) (Added by permission of Council Chairwoman Ladd.)


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, March 19 

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

XIV. Adjournment.

Agenda for Tuesday, March 19

1. Call to Order.

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

3. Minute Approval.

4. Special Presentation:  

5. Ordinances - Final Reading:

a) 2012-012 Kosygin Lameechee Jones (R-1 Residential Zone, R-2 Residential Zone, and R-5 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 8025, 8067, 8109, 8117, and 8119 Old Cleveland Pike, more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone, and R-5 Residential Zone to C-2 Convenience Commercial Zone, subject to certain conditions.  (Recommended for approval by Planning and Staff.)  (District 4.)

2012-012 Kosygin Lameechee Jones (R-1 Residential Zone, R-2 Residential Zone, and R-5 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 8025, 8067, 8109, 8117, and 8119 Old Cleveland Pike, more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone, and R-5 Residential Zone to C-2 Convenience Commercial Zone. (Applicant Version.)

b) 2013-001 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5300 block of Highway 58, and 5136, 5141, and 5145 Turkeyfoot Trail, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-A” of Ordinance No. 12312 and Ordinance No. 12513, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

c) 2013-002 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5400 block of Highway 58 and 8604 North Hickory Valley Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-B” of Ordinance No. 12313 and Ordinance No. 12514, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

d) 2013-003 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located in the 5500 to 6300 blocks of Highway 58, Mahlon Drive, Harrison-Ooltewah Road, Clark Road, Holder Road, Easter Drive, Tyner Lane, and Church Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 6-C” of Ordinance No. 12314 and Ordinance No. 12515, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

e) 2013-004 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located on Hunter Road, I-75, Sue Ron Lane, and Ooltewah-Harrison Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 8-A” of Ordinance No. 12296 and Ordinance No. 12556, subject to certain conditions.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

f) 2013-005 City of Chattanooga/RPA (Temporary Zone to Permanent Zone).  An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located on Hunter Road, I-75, Sue Ron Lane, and Ooltewah-Harrison Road, more particularly described herein, from Temporary Zone to Permanent Zone per City Code Article XII, Section 38-653 – Planning Commission Zoning Plan to establish permanent zones for area annexed and identified as “Area 9-B” of Ordinance No. 12317 and Ordinance No. 12543.  (Recommended for approval by Planning and Staff recommends approval of zoning plan per table attached.)  (District 4.)

g) 2013-024 BYD, LLC/Kevin C. Boehm/GADG Leasing, Ltd. (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 1616 Broad 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.)

2013-024 BYD, LLC/Kevin C. Boehm/GADG Leasing, Ltd. (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 1616 Broad Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version.)

h) 2013-025 Hefferlin & Kronenberg (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 properties located at 625 East Main 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.)

2013-025 Hefferlin & Kronenberg (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 properties located at 625 East Main Street, more particularly described herein, from M-1 Manufacturing Zone to C-3 Central Business Zone.  (Applicant Version.)

i) 2013-027 Inasmuch, Inc. d/b/a The Samaritan Center (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 property located at 6021 Ooltewah Georgetown Road, more particularly described herein, from R-1 Residential Zone to C-2 Convenience Commercial Zone.  (Recommended for approval by Planning and Staff.)  (District 4.)

j) MR-2009-073 Reginald Ruff, III for John P. Franklin, Jr. (Abandonment).  An ordinance closing and abandoning of a part of an unopened alley located in the 2500 block of East 12th Street, more particularly described herein, subject to certain conditions.  (District 7.)

k) MR-2009-076 Mike Price for Crosswinds Properties, LLC (Abandonment).  An ordinance closing and abandoning of a portion of a sewer easement located at 712 and 716 Gentry Road, more particularly described herein, subject to certain conditions.  (District 4.)

6. Ordinances – First Reading:

a) An ordinance to amend Chattanooga City Code, Chapter 20, Section 20-146, relative to Mobile food units.

b) An ordinance to amend Chattanooga City Code, Chapter 38, Zoning Ordinance, Section 38-2, Definitions, relative to Mobile food units.

c) An ordinance to amend Chattanooga City Code, Part II, Chapter 35, Section 35-17(b), relative to the Transportation Board Advisory Committee.

d) An ordinance to amend Chattanooga City Code, Part II, Article XIV, Chapter 24, Section 504, Schedule IV, One-Way Streets.

7. Resolutions:

a) A resolution approving the acceptance and distribution of Fiscal Year 2013-2014 Community Development Block Grant and Home Investment Partnership Act funds from the U.S. Department of Housing and Urban Development (HUD), and program income, all totaling approximately $3 million, as shown more fully hereinbelow.

b) A resolution authorizing the appointment of Robin Roberson 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.

c) A resolution authorizing the City Engineer, acting as the Interim Executive Director for the Moccasin Bend Clean Water Authority to expend water quality and interceptor sewer system funds from existing accounts for reasonable and necessary expenses to support the Authority.

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 26.

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

14. Adjournment.





Police Blotter: Burglars Tried To Batter Through Oak Street Wall; Hooter's Girl Gets In The Mix

Police made an arrest of a man with a lengthy criminal record after loud banging was heard at the rear of a building at 2500 Oak St. It was found that someone had tried to batter their way through a cinder block wall. They made it through the wall and plywood, but did not get inside. Two black males were seen running nearby. Santana Smith, 37, was found sweating ... (click for more)

Unoccupied Structure Burns On E. 47th Street

An unoccupied structure caught fire on E 47th St around 12:30 p.m. Thursday. Multiple fire department units were dispatched. (click for more)

Immigration Reform

We do not have to pander to those in our country who were not invited and made their way here on their own. They are here against our laws that are already on the books which are not enforced.  They do not have negotiation rights to dictate to the United States government nor does our government have the right to pick and choose which laws are to be enforced or ignored so ... (click for more)

Roy Exum: Hypocrisy And Horses

I am still wincing over the fact a horrendous bill passed in the state legislature that would make whistle-blowers into criminals would have actually gone into law had it not been for Governor Bill Haslam’s eleventh-hour veto. Called the “Ag-Gag bill,” similar efforts in other states have also soured because it is no more than a Catch-22 trick to protect those who abuse animals, ... (click for more)

Ooltewah Hires Massey To Take Over Softball Program

MURFREESBORO, Tenn. – While the prep athletic spotlight is on Spring Fling, Ooltewah High School managed to make news Thursday afternoon. Jon Massey, who formerly played and coached baseball at Ooltewah High School, has been hired as the Lady Owls’ new softball coach. Massey, who turns 49 next month, replaces veteran Norma Nelson, who was fired on May 14 after 20 years ... (click for more)

Decatur County Routs Silverdale, 18-1, To Set Up Class A Do-Or-Die Game

MURFREESBORO, Tenn. – The three-time defending state champion isn’t ready to give up its Class A baseball dynasty. The Decatur County Riverside Panthers unleashed a devastating 13-hit attack, led by Alex Whitwell’s 5-for-5 performance that included five RBIs, scored eight runs in the second inning and crushed Silverdale Baptist Academy, 18-1, Thursday at Middle Tennessee Christian’s ... (click for more)