Upcoming City Council Agenda For Tuesday

  • Friday, December 9, 2016

Here is the upcoming City Council agenda for Tuesday:

I. Call to Order.

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

III. Minute Approval.

IV. Special Presentation.
“Youth Presentation”
By Councilman Russell Gilbert and Marquez Thompson

V. Ordinances – Final Reading :

POLICE

a. An ordinance to amend Chattanooga City Code, Part II, Chapter 5 and Chapter 35 to
reflect the change of the definition of beer in the State of Tennessee. (Alternate
Version)

VI. Ordinances – First Reading :

ECONOMIC AND COMMUNITY DEVELOPMENT

a. An ordinance granting a franchise to Zayo Group, LLC for the purpose of allowing it
to construct, install, and operate certain telecommunications wires and cabling within
the public rights-of-way in order to provide telecommunications services within the
City; setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of-way in conjunction with the
City’s right-of-way ordinance; and prescribing penalties for the violations of the
provisions herein. (Deferred from 7/15/2016 and revised after 1st Reading)
An ordinance granting a franchise to Zayo Group, LLC for the purpose of allowing it
to construct, install, and operate certain telecommunications wires and cabling within
the public rights-of-way in order to provide telecommunications services within the
City; setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of-way in conjunction with the
City’s right-of-way ordinance; and prescribing penalties for the violations of the
provisions herein. (Alternate Version as a result of mediation)

PLANNING

b. 2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone, subject
to certain conditions. (District 3) (Planning Version)
2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone, subject
to certain conditions. (Staff Version)
2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone.
(Applicant Version)

c. 2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone, subject to
certain conditions. (District 4) (Planning Version)
2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone, subject to
certain conditions. (Staff Version)
2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone. (Applicant
Version)

d. 2016-170 Flournoy Development Company and Pinnacle Point Partners, LLC (R-1
Residential Zone to R-4 Special Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at
7978 and 8012 Shallowford Road, more particularly described herein, from R-1
Residential Zone to R-4 Special Zone, subject to certain conditions. (District 4)
(Recommended for approval by Planning and denial by Staff)
2016-170 Flournoy Development Company and Pinnacle Point Partners, LLC (R-1
Residential Zone to R-4 Special Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at
7978 and 8012 Shallowford Road, more particularly described herein, from R-1
Residential Zone to R-4 Special Zone. (Applicant Version)

e. 2016-176 Craig Kronenberg and Bobby Joe Adamson (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 4975 Patsy
Place and 8210 Apison Pike, more particularly described herein, from R-1 Residential
Zone to C-2 Convenience Commercial Zone. (District 4) (Recommended for
approval by Planning and Staff)

f. 2016-164 Charles Penn and Mayse Properties, LLC (R-1 Residential Zone to M-2
Light Industrial Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 4132 and 4136
Caine Lane, more particularly described herein, from R-1 Residential Zone to M-2
Light Industrial Zone. (District 5) (Recommended for approval by Planning and
Staff)

g. 2016-165 Attorney Mark A. Ramsey, Denise Furland, and Executrix of Estate of
Barbara Newton (R-1 Residential Zone and C-2 Convenience Commercial Zone to
R-4 Special Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter
38, Zoning Ordinance, so as to rezone property located at 6684 East Brainerd Road,
more particularly described herein, from R-1 Residential Zone and C-2 Convenience
Commercial Zone to R-4 Special Zone. (District 6) (Recommended for approval
by Planning and Staff)

h. 2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone, subject to certain conditions. (District 6)
(Planning Version)
2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone, subject to certain conditions. (Staff
Version)
2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone. (Applicant Version)

i. 2016-171 Donavan McLeon (M-1 Manufacturing 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 300 West 41st Street, more particularly described
herein, from M-1 Manufacturing Zone to R-3 Residential Zone. (District 7)
(Recommended for approval by Planning and Staff)

j. 2016-172 Renew and Randy Johnston/Mr. T’s Tire, Inc. (M-1 Manufacturing Zone to
UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1155
East Main Street, more particularly described herein, from M-1 Manufacturing Zone
to UGC Urban General Commercial Zone. (District 8) (Recommended for
approval by Planning and Staff)

k. 2016-156 Sean S. Daniels (R-1 Residential Zone and C-5 Neighborhood Commercial
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
3630 Ridgeside Road, more particularly described herein, from R-1 Residential Zone
and C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone.
(District 9) (Recommended for denial by Planning and Staff)

l. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, by amending
Article V, Division 1, R-1 Residential Zone, Section 38-44(3), relative to side
building setbacks.

PUBLIC WORKS AND TRANSPORTATION

Transportation

m. MR-2016-137 Taylor Vickers (Abandonment). An ordinance closing and abandoning
an alley off of the 300 and 400 blocks of Beck Avenue, as detailed on the attached
map. (Recommended for denial by Planning and Transportation) (District 2)
(Deferred from 11/15/2016)

VII. Resolutions:

GENERAL SERVICES

a. A resolution authorizing the Mayor to execute a Lease Agreement, in substantially
the form attached, with Hixson United Methodist Church for use of the athletic fields
by the City of Chattanooga for the purpose of the site being used as a public park,
recreation grounds or athletic fields, subject to the terms of the agreement, for a term
of four (4) years. (District 3)

HUMAN RESOURCES

b. A resolution authorizing the Director of Human Resources to extend an existing
agreement with Collins and Co., Inc. to provide third party administrative services for
the City’s on-the-job injury program at the rate of $6,200.00 per month for the first
renewal of a three (3) year term and two (2) additional one (1) year terms, in the
amount of $2.2 million.

c. A resolution authorizing the appointment of Kenneth Foster as a special police officer
(unarmed) for McKamey Animal Center, to do special duty as prescribed herein,
subject to certain conditions.

PLANNING

d. 2016-169 David Gardner (Special Exceptions Permit). A resolution approving a
Special Exceptions Permit for a Residential Planned Unit Development for property
located at 1063 Shallowford Road. (District 9) (Recommended for approval by
Planning)
2016-169 David Gardner (Special Exceptions Permit). A resolution approving a
Special Exceptions Permit for a Residential Planned Unit Development for property
located at 1063 Shallowford Road, subject to certain conditions. (Staff Version)

PUBLIC WORKS AND TRANSPORTATION

Public Works

e. A resolution authorizing the approval of Change Order No. 1 (Final) for Tower
Construction Co., Inc. of Chattanooga, TN, relative to Contract No. R-16-005-201,
Utility Shed Conversion Project, to release the remaining contingency amount of
$1,481.00, for a revised contract amount not to exceed $127,030.00. (Districts 1 &
2)

Transportation

f. A resolution authorizing EPB ? Robert M. Hutcherson to use temporarily the
right-of-way located at 137 N. Greenwood Avenue for the purpose of constructing a
solar farm, as shown on the maps attached hereto and made a part hereof by
reference, subject to certain conditions. (District 8)

VIII. Departmental Reports :

a) Police.
b) Fire.
c) Economic and Community Development.
d) Youth and Family Development.
e) Transportation.
f) Public Works.
g) Finance.
h) IT.
i) Human Resources.
j) General Services.

IX. Purchases.

X. Other Business.

a) Informational Items from Finance:
(1) 2017 Plan of Refunding to State ; and
(2) Report of 2017 Bonds .

XI. Committee Reports.

XII. Agenda Session for Tuesday, December 20, 2016.

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

XIV. Adjournment.

TUESDAY, DECEMBER 20, 2016
CITY COUNCIL AGENDA
6:00 PM

1. Call to Order.

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

3. Minute Approval.

4 Special Presentation.

5. Ordinances – Final Reading :

ECONOMIC AND COMMUNITY DEVELOPMENT

a. An ordinance granting a franchise to Zayo Group, LLC for the purpose of allowing it
to construct, install, and operate certain telecommunications wires and cabling within
the public rights-of-way in order to provide telecommunications services within the
City; setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of-way in conjunction with the
City’s right-of-way ordinance; and prescribing penalties for the violations of the
provisions herein. (Deferred from 7/15/2016 and revised after 1st Reading)
An ordinance granting a franchise to Zayo Group, LLC for the purpose of allowing it
to construct, install, and operate certain telecommunications wires and cabling within
the public rights-of-way in order to provide telecommunications services within the
City; setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of-way in conjunction with the
City’s right-of-way ordinance; and prescribing penalties for the violations of the
provisions herein. (Alternate Version as a result of mediation)

PLANNING

b. 2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone, subject
to certain conditions. (District 3) (Planning Version)
2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone, subject
to certain conditions. (Staff Version)
2016-177 David Kelly and Estate of George Edwards Rogers and Valleybrook
Presbyterian Church, Inc. (R-1 Residential Zone to C-2 Convenience Commercial
Zone and O-1 Office Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 5933 Hixson Pike
and a portion of 6001 Hixson Pike, more particularly described herein, from R-2
Residential Zone to C-2 Convenience Commercial Zone and O-1 Office Zone.
(Applicant Version)

c. 2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone, subject to
certain conditions. (District 4) (Planning Version)
2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone, subject to
certain conditions. (Staff Version)
2016-163 Legends Holding, LLC ? Clint Wofford and Hamilton County Department
of Education (R-1 Residential and C-2 Convenience Commercial 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 7453 East
Brainerd Road, more particularly described herein, from R-1 Residential and C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone. (Applicant
Version)

d. 2016-170 Flournoy Development Company and Pinnacle Point Partners, LLC (R-1
Residential Zone to R-4 Special Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at
7978 and 8012 Shallowford Road, more particularly described herein, from R-1
Residential Zone to R-4 Special Zone, subject to certain conditions. (District 4)
(Recommended for approval by Planning and denial by Staff)
2016-170 Flournoy Development Company and Pinnacle Point Partners, LLC (R-1
Residential Zone to R-4 Special Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at
7978 and 8012 Shallowford Road, more particularly described herein, from R-1
Residential Zone to R-4 Special Zone. (Applicant Version)

e. 2016-176 Craig Kronenberg and Bobby Joe Adamson (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 4975 Patsy
Place and 8210 Apison Pike, more particularly described herein, from R-1 Residential
Zone to C-2 Convenience Commercial Zone. (District 4) (Recommended for
approval by Planning and Staff)

f. 2016-164 Charles Penn and Mayse Properties, LLC (R-1 Residential Zone to M-2
Light Industrial Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 4132 and 4136
Caine Lane, more particularly described herein, from R-1 Residential Zone to M-2
Light Industrial Zone. (District 5) (Recommended for approval by Planning and
Staff)

g. 2016-165 Attorney Mark A. Ramsey, Denise Furland, and Executrix of Estate of
Barbara Newton (R-1 Residential Zone and C-2 Convenience Commercial Zone to
R-4 Special Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter
38, Zoning Ordinance, so as to rezone property located at 6684 East Brainerd Road,
more particularly described herein, from R-1 Residential Zone and C-2 Convenience
Commercial Zone to R-4 Special Zone. (District 6) (Recommended for approval
by Planning and Staff)

h. 2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone, subject to certain conditions. (District 6)
(Planning Version)
2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone, subject to certain conditions. (Staff
Version)
2016-175 ASA Engineering ? Allen Jones and 6401 Shallowford Road Partners, GP
(R-1 Residential Zone, R-2 Residential Zone, and R-4 Special Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 6401 and 6421 Shallowford Road,
more particularly described herein, from R-1 Residential Zone, R-2 Residential Zone,
and R-4 Special Zone to R-4 Special Zone. (Applicant Version)

i. 2016-171 Donavan McLeon (M-1 Manufacturing 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 300 West 41st Street, more particularly described
herein, from M-1 Manufacturing Zone to R-3 Residential Zone. (District 7)
(Recommended for approval by Planning and Staff)

j. 2016-172 Renew and Randy Johnston/Mr. T’s Tire, Inc. (M-1 Manufacturing Zone to
UGC Urban General Commercial Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1155
East Main Street, more particularly described herein, from M-1 Manufacturing Zone
to UGC Urban General Commercial Zone. (District 8) (Recommended for
approval by Planning and Staff)

k. 2016-156 Sean S. Daniels (R-1 Residential Zone and C-5 Neighborhood Commercial
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
3630 Ridgeside Road, more particularly described herein, from R-1 Residential Zone
and C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone.
(District 9) (Recommended for denial by Planning and Staff)

l. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, by amending
Article V, Division 1, R-1 Residential Zone, Section 38-44(3), relative to side
building setbacks.

PUBLIC WORKS AND TRANSPORTATION

Transportation

m. MR-2016-137 Taylor Vickers (Abandonment). An ordinance closing and abandoning
an alley off of the 300 and 400 blocks of Beck Avenue, as detailed on the attached
map. (Recommended for denial by Planning and Transportation) (District 2)
(Deferred from 11/15/2016)

6. Ordinances – First Reading : (None)

7. Resolutions:

MAYOR’S OFFICE

a. A resolution to adjust the Mayor’s appointment terms of James Sattler to June 2, 2013
to June 1, 2018; Wilbert Roberts to June 1, 2014 to May 31, 2019; Edna Varner to
June 2, 2014 to June 1, 2019; Eddie Holmes to June 1, 2016 to May 31, 2021; to
reappoint James Levine with term dates of June 2, 2016 to June 1, 2021; and to
appoint Carl Henderson with a term end date of October 10, 2020, with all to the
Chattanooga Housing Authority Board.

PUBLIC WORKS AND TRANSPORTATION

Public Works

b. A resolution authorizing the Administrator for the Department of Public Works to
enter into a Memorandum of Understanding with Chattanooga Goodwill, Inc. for the
collection and disposal of acceptable electronic waste.

8. Departmental Reports :

a) Police.
b) Fire.
c) Economic and Community Development.
d) Youth and Family Development.
e) Transportation.
f) Public Works.
g) Finance.
h) IT.
i) Human Resources.
j) General Services.

9. Purchases.

10. Other Business.

11. Committee Reports.

12. Agenda Session for Tuesday, December 27, 2016.

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

14. Adjournment.

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