Upcoming City Council Agenda For Tuesday

  • Friday, September 9, 2016

Here is the upcoming City Council agenda for Tuesday:

I. Call to Order.

II. Pledge of Allegiance/Invocation (Vice­Chairman Mitchell).

III. Minute Approval.

IV. Special Presentation.

V. Ordinances – Final Reading:

ECONOMIC AND COMMUNITY DEVELOPMENT

a. An ordinance to amend Chattanooga City Code, Part II, Chapter 21, by creating a
new chapter entitled, “Administrative Hearing Officer” to create an administrative
hearing officer position in accordance with Tennessee Code Annotated Section
6­54­1001 et seq.

(Co­sponsored by Councilman Mitchell and Councilman
Anderson)  (Revised)

b. 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 rights­of­way 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 rights­of­way in conjunction with the
City’s right­of­way ordinance; and prescribing penalties for the violations of the
provisions herein.

PUBLIC WORKS AND TRANSPORTATION

Public Works

c. An ordinance to amend Chattanooga City Code, Part II, Chapter 31, Article III,
Division 4, Section 57, Subsections (a), (b), and (d) relating to the Wastewater
Regulations and Appeals Board.

Transportation

d. MR­2016­100 Johnston Southern Company, LLC (Abandonment). An ordinance
closing and abandoning an unopened alley off the 1400 block of Adams Street,
detailed on the attached map, subject to certain conditions. (District 8)
(Recommended for approval by Transportation) (Deferred from 8/30/2016)
(Revised)

VI. Ordinances – First Reading:

PLANNING

a. 2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions.
(Recommended for approval by Planning)  (District 1)  (Deferred from 8/9/2016)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions. (Staff
Version)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions. (Alternate
Version)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone.  (Applicant Version)

b. 2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions. (Recommended for approval by Planning) (District
4)  (Deferred from 8/9/2016)

2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions.  (Staff Version)
2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions.  (Alternate Version No. 2)
2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone.
(Applicant Version)

c. 2016­108 Chattanooga Metropolitan Airport Authority (R­1 Residential Zone to M­1
Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a portion of 1001 Airport Road and all
properties located in the 5900 block of Pinehurst Avenue, more particularly described
herein, from R­1 Residential Zone to M­1 Manufacturing Zone, subject to certain
conditions. (District 5) (Recommended for approval by Planning) (Staff
recommended that this matter be deferred until the September Planning
Commission meeting so the applicant can provide additional details on proposed
uses within the expanded M­1 request areas)
2016­108 Chattanooga Metropolitan Airport Authority (R­1 Residential Zone to M­1
Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a portion of 1001 Airport Road and all
properties located in the 5900 block of Pinehurst Avenue, more particularly described
herein, from R­1 Residential Zone to M­1 Manufacturing Zone.  (Applicant Version)

d. 2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone, subject to certain conditions. (District 1)
(Recommended for approval by Planning)
2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone, subject to certain conditions.  (Staff Version)
2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone.  (Applicant Version)

e. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, Article II, Definitions; Article IV, General Regulations; and Article V,
Zone Regulations relative to Short Term Vacation Rentals.

VII. Resolutions:

FIRE

a. A resolution authorizing the Chattanooga Fire Chief to annually solicit and accept
donations from businesses and other organizations in support of the Chattanooga Fire
Department Annual Awards Ceremony for which the City has no obligation to enter
into a contract/agreement or perform services for said donations.

b. A resolution authorizing the Chattanooga Fire Chief to annually solicit and accept
donations from businesses and other organizations in support of the Chattanooga Fire
Department’s Fire Prevention Activities for which the City has no obligation to enter
into a contract/agreement or perform services for said donations.

GENERAL SERVICES

c. A resolution authorizing the Mayor to execute an Agreement to Exercise Option to
Renew for the Berthing Agreement of the River Gorge Explorer with the Tennessee
Aquarium for a renewal term of one (1) year commencing October 1, 2016 and
continuing through September 30, 2017.  (District 7)

MAYOR’S OFFICE

d. A resolution to confirm the Mayor’s appointment of Theresa Lee as City Treasurer.

e. A resolution to confirm the Mayor’s appointments of David Barlew, Matthew
Whitaker, Heidi Hefferlin, Gabe Thomas, Ladell Peoples, Grace Frank, Jason
Havron, William Smith, and John Straussberger to the newly­formed Form­Based
Code Committee.

PUBLIC WORKS AND TRANSPORTATION

Public Works

f. A resolution authorizing the approval of Change Order No. 2 for Hazen and Sawyer,
P.C. for professional services relative to Contract No. W­11­012­101, Design and
Construction of Bar Screen and Fine Screen Replacements for Moccasin Bend
WWTP, a Consent Decree Project, for an increased amount of $60,000.00, for a
revised contract amount not to exceed $783,500.00.  (District 1)  (Consent Decree)
Transportation

g. A resolution authorizing Teresa Groves, agent on behalf of property owner, Deborah
Martin, to use temporarily the right­of­way located at 914 Clarendon Street for an
existing driveway, stone walls, and shed, as shown on the maps attached hereto and
made a part hereof by reference, subject to certain conditions.  (District 2)

h. A resolution authorizing Jorge Para, agent on behalf of property owner, Gilberto Para,
to use temporarily the right­of­way located at 1639 Rossville Avenue for the purpose
of construction during the mandatory referral process, as shown on the maps attached
hereto and made a part hereof by reference, subject to certain conditions.  (District 7)

i. A resolution authorizing Hefferlin + Kronenberg Architects ? Craig Kronenberg,
agent on behalf of property owner, Don Benedict, to use temporarily the right­of­way
located at 1804 Cowart Street for the purpose of installing a balcony and awning, as
shown on the maps attached hereto and made a part hereof by reference, subject to
certain conditions.  (District 7)

j. A resolution authorizing River City Company ? Jim Williamson, agent on behalf of
property owner, Larry Torrence, to use temporarily the right­of­way located at 736 E.
Martin Luther King Boulevard for the purpose of installing a parklet patio, 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.

Wine in Grocery Stores:

a) Earth Fare (District 3)
5414 Hixson Pike
Hixson, TN  37343

b) Kankus #1 (District 4)
7640 E. Brainerd Road
Chattanooga, TN  37421

XI. Committee Reports.

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

XIII. Recognition of Persons Wishing to Address the Council on Non­Agenda Matters.

XIV. Adjournment.

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

1. Call to Order.

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

3. Minute Approval.

4. Special Presentation.

5. Ordinances – Final Reading:

PLANNING

a. 2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions.
(Recommended for approval by Planning)  (District 1)  (Deferred from 8/9/2016)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions. (Staff
Version)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone, subject to certain conditions. (Alternate
Version)
2016­103 Asa Engineering ? Allen Jones/Russell Bean C­O­ Executor (R­1
Residential Zone to R­3 Residential Zone). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of property located
at 1105 Mountain Creek Road, more particularly described herein, from R­1
Residential Zone to R­3 Residential Zone.  (Applicant Version)

b. 2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions. (Recommended for approval by Planning) (District
4)  (Deferred from 8/9/2016)
2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions.  (Staff Version)
2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone,
subject to certain conditions.  (Alternate Version No. 2)
2016­060 Jack Haylett Branch Acquisition Company, LLC/Defoor Brothers,
LLC/Tommy Thompson/Winona Sims/Steven Dobbs Family Trust (MXU Mixed Use
Zone and R­1 Residential Zone to C­4 Planned Commerce Center Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone properties located in the 2300 to 2500 blocks of Gunbarrel Road, 7325
through 7342 blocks of McCutcheon Road, 2500 block of Lifestyle Way, and 2300
through 2400 blocks of Elam Lane, more particularly described herein, from MXU
Mixed Use Zone to R­1 Residential Zone to C­4 Planned Commerce Center Zone.
(Applicant Version)

c. 2016­108 Chattanooga Metropolitan Airport Authority (R­1 Residential Zone to M­1
Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a portion of 1001 Airport Road and all
properties located in the 5900 block of Pinehurst Avenue, more particularly described
herein, from R­1 Residential Zone to M­1 Manufacturing Zone, subject to certain
conditions. (District 5) (Recommended for approval by Planning) (Staff
recommended that this matter be deferred until the September Planning
Commission meeting so the applicant can provide additional details on proposed
uses within the expanded M­1 request areas)
2016­108 Chattanooga Metropolitan Airport Authority (R­1 Residential Zone to M­1
Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a portion of 1001 Airport Road and all
properties located in the 5900 block of Pinehurst Avenue, more particularly described
herein, from R­1 Residential Zone to M­1 Manufacturing Zone.  (Applicant Version)

d. 2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone, subject to certain conditions. (District 1)
(Recommended for approval by Planning)
2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone, subject to certain conditions.  (Staff Version)
2016­117 Robert Bullard and Nooga Investments, LLC (M­2 Light Industrial Zone to
M­1 Manufacturing Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone a part of property located at 3401
Cummings Road, more particularly described herein from M­2 Light Industrial Zone
to M­1 Manufacturing Zone.  (Applicant Version)
e. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, Article II, Definitions; Article IV, General Regulations; and Article V, Zone Regulations relative to Short Term Vacation Rentals.

6. Ordinances – First Reading:  (None)

7. Resolutions:

MAYOR’S OFFICE

a. A resolution to make certain findings relating to the granting of incentives to develop
housing in Chattanooga; to delegate certain authority to the Health, Educational,
Housing Facility Board of the City of Chattanooga, Tennessee (the “HEB”); to
authorize the Mayor of the City of Chattanooga to enter into agreements for payments
in lieu of ad valorem taxes meeting the criteria of said program and to provide for a
termination of this incentive program in ten (10) years.  (Deferred from 9/6/2016)

PLANNING

b. A resolution authorizing the Chattanooga­Hamilton County Regional Planning
Agency to enter into a contract with Summit 7 Systems, Inc. for professional services
for website development in the amount of $35,978.00 and one (1) initial year of
support in the amount of $6,000.00, for a total amount not to exceed $41,978.00.

PUBLIC WORKS AND TRANSPORTATION

Public Works

c. A resolution authorizing the Mayor to enter into a contract with OM Hickory, LLC
for the sale and purchase, in substantially the form attached, for property located at
2455 Hickory Valley Road, Tax Map No. 138M­A­001, in the amount of $80,000.00,
for the construction of a wet weather storage facility, a Consent Decree Project, and
to execute all documents related to the transaction, with closing costs, for an amount
not to exceed $1,000.00, for a total amount not to exceed $81,000.00. (Consent
Decree)  (District 6)
Transportation

d. A resolution authorizing Timothy Kelly, property owner, to use temporarily the
right­of­way located at 900 Riverfront Parkway for the purpose of installing a
concrete pad with two benches and a drinking fountain at the corner of Riverfront
Parkway and W. Martin Luther King Boulevard, as shown on the maps attached
hereto and made a part hereof by reference, subject to certain conditions.  (District 7)

e. A resolution authorizing Debbie Sue Przybysz, property owner, to use temporarily the
alley located behind 1410 W. 52nd Street for the purpose of improving the alleyway
for vehicle access to the rear of the property, as shown on the maps attached hereto
and made a part hereof by reference, subject to certain conditions.  (District 7)

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, September 27, 2016.

13. Recognition of Persons Wishing to Address the Council on Non­Agenda Matters.

14. Adjournment.

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