Upcoming City Council Agenda For Tuesday

Friday, October 5, 2018

Here is the upcoming City Council agenda for Tuesday:

I. Call to Order.

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

III. Minute Approval.

IV. Special Presentation.
“Domestic Violence Awareness Month Proclamation”
By Councilwoman Carol Berz

V. Ordinances – Final Reading:

PUBLIC WORKS AND TRANSPORTATION

Transportation

a. An ordinance amending Chattanooga City Code, Part II, Chapter 35, Article VII,
Pedal Carriage and Rickshaws, Division 1, Section 35-241, Definitions.

(Sponsored
by Vice-Chairman Oglesby)

VI. Ordinances – First Reading:

ECONOMIC AND COMMUNITY DEVELOPMENT

a. An ordinance amending Chattanooga City Code, Part II, Chapter 10, relative to
Administration and Technology Fees.

PLANNING

b. 2018-117 City of Chattanooga City Council ? City Attorney’s Office (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 part of the property located at 1001 Read’s Lake Road, from C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone with
conditions. (District 1) (Recommended for denial by Planning and Staff)
(Sponsored by Councilman Henderson)

c. 2018-168 Trey Aycock (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 4306 North Access Road, from R-1
Residential Zone to C-2 Convenience Commercial Zone. (District 2)
(Recommended for denial by Planning and Staff)

d. 2018-176 Ken Defoor Properties (M-3 Warehouse and Wholesale 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 parts
of properties located at 2760 and 2770 Northpoint Boulevard, from M-3 Warehouse
and Wholesale Zone and C-2 Convenience Commercial Zone to R-4 Special Zone.
(District 3) (Recommended for approval by Planning and Staff)

e. 2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff) (Deferred from 2/13/18)
2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (Alternate Version)
2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone. (Applicant Version)

f. 2018-178 Churchview Properties ? William Arthur (R-1 Residential Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of the property
located at 1813 Morris Hill Road, from R-1 Residential Zone to R-T/Z Residential
Townhouse/Zero Lot Line Zone. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff)

g. 2018-162 Ben Berry & Berry Engineers, LLC (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 1105
McDonald Drive, from R-1 Residential Zone to C-2 Convenience Commercial Zone,
subject to certain conditions. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff)
2018-162 Ben Berry & Berry Engineers, LLC (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 1105
McDonald Drive, from R-1 Residential Zone to C-2 Convenience Commercial Zone.
(Applicant Version)

h. 2018-165 Philip and Jennifer Clay (A-1 Urban Agricultural Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone part of property located at 7628 Davidson Road, from A-1
Urban Agricultural Zone to R-4 Special Zone, subject to certain conditions. (District
4) (Recommended for approval by Planning and Staff)
2018-165 Philip and Jennifer Clay (A-1 Urban Agricultural Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone part of property located at 7628 Davidson Road, from A-1
Urban Agricultural Zone to R-4 Special Zone. (Applicant Version)

i. 2018-172 Jan O. Rushing (U-RA-3 Urban Residential Attached 3 Stories Maximum
Height Zone to U-CX-3 Urban Commercial Mixed Use 3 Stories Maximum Height
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 1635 Rossville Avenue and 1614,
1620, 1626, and 1638 Cappella Street, from U-RA-3 Urban Residential Attached 3
Stories Maximum Height Zone to U-CX-3 Urban Commercial Mixed Use 3 Stories
Maximum Height Zone. (District 7) (Recommended for approval by Planning
and Staff)

j. 2018-177 Aza Wintersieck (M-1 Manufacturing Zone to R-2 Residential Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone property located at 3017 Dodds Avenue, from M-1 Manufacturing
Zone to R-2 Residential Zone. (District 7) (Recommended for approval by
Planning and Staff)

PUBLIC WORKS AND TRANSPORTATION

Public Works

k. An ordinance amending Chattanooga City Code, Chapter 31, Sewers, Mains and
Drains, Article VIII, Stormwater Management, Division 7, Fees, Section 31-356.1.1,
Adjustments to Quality Fee related to water quality fee reductions.

l. An ordinance amending Chattanooga City Code, Part II, Chapter 18, Garbage and
Refuse.

VII. Resolutions:

ECONOMIC AND COMMUNITY DEVELOPMENT

a. A resolution authorizing the Mayor to execute a Third Amendment to Waterfront
Event Management Agreement, in substantially the form attached, with Friends of the
Festival, Inc. for the extension of the term from July 1, 2018 through December 31,
2018, in the amount of $27,500.00.

b. A resolution amending Resolution No. 29336 to correct certain clerical errors in the
Economic Impact Plan for the M.L. King Boulevard Development Area. (Revised)

FINANCE

c. A resolution authorizing the Mayor to sell one (1) surplus 2003 Chrysler Town
and Country Minivan previously used in the operation of The Chattanoogan
Hotel to Chattanoogan, LLC, a Tennessee limited liability company for
$3,250.00 to facilitate the sale of The Chattanoogan Hotel.

PLANNING

d. 2018-173 BKY Enterprises GP ? Beason View Land Company (Special Exceptions
Permit). A resolution authorizing a Special Exceptions Permit for a Residential
Planned Unit Development on properties located in the 1000 block of Beason Drive.
(District 1) (Recommended for approval by Planning and recommended for
denial by Staff)

POLICE

e. A resolution authorizing the donation of two (2) surplus Ford Crown Victoria
automobiles with all emergency equipment and CPD decals removes, in the expressed
need of the Guaynabo, Puerto Rico Police Department in recovery from the storms
suffered.

PUBLIC WORKS AND TRANSPORTATION

Public Works

f. A resolution authorizing payment to the U.S. Environmental Protection Agency
(EPA), in accordance with Section X(48)(a) of the Consent Decree, for sanitary sewer
overflows incurred during the period of January 1, 2017 through December 31, 2017,
in the amount of $63,000.00.

VIII. Purchases.

IX. Other Business.

a. Approval of certification for new grocery store wishing to sell wine:
? Aldi, Inc. d/b/a Aldi #87,
670 Signal Mountain Road (District 1)
b. Approval of renewal certification for grocery stores wishing to sell wine:
? Joseph Chaudhari, LLC d/b/a Kankus #5,
702 Central Avenue (District 8)
? MAC’S Convenience Stores LLC d/b/a Circle K #2803618,
3743 Cummings Highway (District 1)
? MAC’s Convenience Stores LLC d/b/a Circle K #2803613,
1182 Mountain Creek Road (District 1)
? MAC’s Convenience Store LLC d/b/a Circle K #2803614,
712 Signal Mountain Road (District 1)
? MAC’s Convenience Store LLC d/b/a Circle K #2803644,
2020 E. Brainerd Road (District 6)
? MAC’s Convenience Store LLC d/b/a Circle K #2803645,
2514 Amnicola Highway (District 8)

X. Committee Reports.

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

XII. Adjournment.

TUESDAY, OCTOBER 16, 2018
CITY COUNCIL AGENDA
6:00 PM

1. Call to Order.

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

3. Minute Approval.

4. Special Presentation.

5. Ordinances – Final Reading:

ECONOMIC AND COMMUNITY DEVELOPMENT

a. An ordinance amending Chattanooga City Code, Part II, Chapter 10, relative to
Administration and Technology Fees.

PLANNING

b. 2018-117 City of Chattanooga City Council ? City Attorney’s Office (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 part of the property located at 1001 Read’s Lake Road, from C-2
Convenience Commercial Zone to C-2 Convenience Commercial Zone with
conditions. (District 1) (Recommended for denial by Planning and Staff)
(Sponsored by Councilman Henderson)

c. 2018-168 Trey Aycock (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 4306 North Access Road, from R-1
Residential Zone to C-2 Convenience Commercial Zone. (District 2)
(Recommended for denial by Planning and Staff)

d. 2018-176 Ken Defoor Properties (M-3 Warehouse and Wholesale 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 parts
of properties located at 2760 and 2770 Northpoint Boulevard, from M-3 Warehouse
and Wholesale Zone and C-2 Convenience Commercial Zone to R-4 Special Zone.
(District 3) (Recommended for approval by Planning and Staff)

e. 2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff) (Deferred from 2/13/18)
2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (Alternate Version)
2018-009 MB Real Estate Services (O-1 Office 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 1710 Gunbarrel Road, more
particularly described herein, from O-1 Office Zone to C-2 Convenience Commercial
Zone. (Applicant Version)

f. 2018-178 Churchview Properties ? William Arthur (R-1 Residential Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone part of the property
located at 1813 Morris Hill Road, from R-1 Residential Zone to R-T/Z Residential
Townhouse/Zero Lot Line Zone. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff)

g. 2018-162 Ben Berry & Berry Engineers, LLC (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 1105
McDonald Drive, from R-1 Residential Zone to C-2 Convenience Commercial Zone,
subject to certain conditions. (District 4) (Recommended for approval by
Planning and recommended for denial by Staff)
2018-162 Ben Berry & Berry Engineers, LLC (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 1105
McDonald Drive, from R-1 Residential Zone to C-2 Convenience Commercial Zone.
(Applicant Version)

h. 2018-165 Philip and Jennifer Clay (A-1 Urban Agricultural Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone part of property located at 7628 Davidson Road, from A-1
Urban Agricultural Zone to R-4 Special Zone, subject to certain conditions. (District
4) (Recommended for approval by Planning and Staff)
2018-165 Philip and Jennifer Clay (A-1 Urban Agricultural Zone to R-4 Special
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone part of property located at 7628 Davidson Road, from A-1
Urban Agricultural Zone to R-4 Special Zone. (Applicant Version)

i. 2018-172 Jan O. Rushing (U-RA-3 Urban Residential Attached 3 Stories Maximum
Height Zone to U-CX-3 Urban Commercial Mixed Use 3 Stories Maximum Height
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 1635 Rossville Avenue and 1614,
1620, 1626, and 1638 Cappella Street, from U-RA-3 Urban Residential Attached 3
Stories Maximum Height Zone to U-CX-3 Urban Commercial Mixed Use 3 Stories
Maximum Height Zone. (District 7) (Recommended for approval by Planning
and Staff)

j. 2018-177 Aza Wintersieck (M-1 Manufacturing Zone to R-2 Residential Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance,
so as to rezone property located at 3017 Dodds Avenue, from M-1 Manufacturing
Zone to R-2 Residential Zone. (District 7) (Recommended for approval by
Planning and Staff)

PUBLIC WORKS AND TRANSPORTATION

Public Works

k. An ordinance amending Chattanooga City Code, Chapter 31, Sewers, Mains and
Drains, Article VIII, Stormwater Management, Division 7, Fees, Section 31-356.1.1,
Adjustments to Quality Fee related to water quality fee reductions.

l. An ordinance amending Chattanooga City Code, Part II, Chapter 18, Garbage and
Refuse.

6. Ordinances – First Reading:

COUNCIL OFFICE

a. An ordinance amending Chattanooga City Code, Chapters 1, 2, 6, 11, 12, 16, 18, 20,
24, 25, 26, 28, and 35, relating to archaic provisions of the City Code considered in
2018.

PLANNING

b. 2018-169 Ronald Young (Lift Condition). An ordinance to amend Chattanooga City
Code, Part II, Chapter 38, Zoning Ordinance, so as to lift Condition 11B of previous
Case No. 2016-060 and amend Ordinance No. 13110 of properties located in the 2300
to 2500 blocks of Gunbarrel Road; 7325 through 7342 blocks of McCutcheon Road;
2500 block of Life Style Way; and 2300 through 2400 blocks of Elam Lane, more
particularly described herein. (District 4) (Recommended for denial by Planning
and Staff)

POLICE

c. An ordinance amending Chattanooga City Code, Part II, Chapter 24, Section 24-50,
Prohibited use of hand-held mobile telephone in marked school zone; prohibited use
of mobile telephone with hands-free device by persons under 18.

d. An ordinance amending Chattanooga City Code, Part II, Chapter 24, Section 24-443,
Lights required on motor vehicles; exceptions; regulations as to color, type and
visibility distance.

PUBLIC WORKS AND TRANSPORTATION

Public Works

e. An ordinance granting a franchise to Comcast of the South to construct, operate and
maintain a cable system in the City of Chattanooga, Tennessee, for the purpose of
providing cable service; 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, if any; and prescribing
penalties for the violations of the provisions herein.

7. Resolutions:

MAYOR’S OFFICE

a. A resolution to confirm the Mayor’s re-appointment of James Ballard, Jr. and
appointment of Lauren Dunn to the Construction Board of Adjustment and Appeals.

PUBLIC WORKS AND TRANSPORTATION

Public Works

b. A resolution authorizing the award of Contract No. Y-17-013-201 to JDH Company,
Inc. of Chattanooga, TN, Replacement Roofing System for North Chattanooga YFD
Center Building, in the amount of $32,130.00, with a contingency amount of
$3,200.00, for an amount not to exceed $35,330.00. (District 1)

c. A resolution authorizing the Administrator for the Department of Public Works to
enter into an agreement with Barge Design Services with up to $100,000.00 eligible
for reimbursement from the recently awarded Tennessee Department of Economic
and Community Development Grant for the former Harriett Tubman Homes Site, for
an amount of $200,000.00.

Transportation

Temporary Usages

d. A resolution authorizing Gordon’s Cleaners ? James Ledbetter to use temporarily the
right-of-way located along the Eastern side of 315 N. Market Street for the purpose of
installing window awnings, as shown on the maps attached hereto and made a part
hereof by reference, subject to certain conditions. (District 1)

e. A resolution authorizing Ryan Dillard, property owner, to use temporarily the
unopened right-of-way extending eastward from Intermont Circle to the property
located at 770 Intermont Circle for the purpose of improving the right-of-way for
public access, as shown on the maps attached hereto and made a part hereof by
reference, subject to certain conditions. (District 2)

f. A resolution authorizing Ortwein Sign ? Jim Teal, on behalf of property owner,
Jonesy Wood, to use temporarily the right-of-way located along the Northwest corner
of 3804 St. Elmo Avenue for the purpose of installing a projecting sign, as shown on
the maps attached hereto and made a part hereof by reference, subject to certain
conditions. (District 7)

g. A resolution authorizing S.E. Engineering ? Kevin Yaste, on behalf of applicant,
Jerry Katzoff, and property owner, James Williamson, to use temporarily the
right-of-way located along the enclosed sidewalk area at 225 Broad Street for exterior
seating for a new Starbucks under the existing deck of the High Point Climbing gym,
as well as a wall marquee and a projecting sign, as shown on the maps attached hereto
and made a part hereof by reference, subject to certain conditions. (District 7)

h. A resolution authorizing Renew ? Jay Martin, acting on behalf of property owner,
Market Street VL Partners, LLC ? Thomas Connolly, to use temporarily the
right-of-way located along the Market Street and Underwood Street frontage of 1620
Market Street for the purpose of installing awnings, as shown on the maps attached
hereto and made a part hereof by reference, subject to certain conditions. (District 7)

i. A resolution authorizing Tennessee Awning Company ? Amy Clinton, on behalf of
property owner, Rashad Moughadi, to use temporarily the right-of-way located along
the Eastern side of 405 Market Street for the purpose of recovering existing awnings,
as shown on the maps attached hereto and made a part hereof by reference, subject to
certain conditions. (District 7)

j. A resolution authorizing Tennessee Awning Company ? Amy Clinton, on behalf of
property owner, Brad Lee, to use temporarily the right-of-way located along the
Southern frontage of 235 E. M.L. King Boulevard for the purpose of installing
awnings, as shown on the maps attached hereto and made a part hereof by reference,
subject to certain conditions. (District 8)

8. Purchases.

9. Other Business.

10. Committee Reports.

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

12. Adjournment.


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