February 14th, 2023

(upbeat music) - [Narrator] You're watching highlights of the Chattanooga City Council meeting, a production of WTCI PBS.

- [Chairman] Good afternoon everyone, and welcome to our Tuesday, February 14th, Valentine's, City Council business agenda.

I will call the order to meeting.

We do not have any special presentations this evening.

We'll accept a motion on the minutes.

Have a motion on the minutes.

I hear a second to that motion.

They'll stand without objection.

Order of business for city council: ordinances on final reading planning item A. Madam Clerk, please.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 1622 Bradt Street from R One Residential Zone to RTZ Residential Townhouse Zero Lot Line Zone, subject to certain conditions.

- [Chairman] Councilwoman Noel, this is in your district on a final read.

- [Councilwoman Noel] Move to approve.

- [Chairman] A motion to approve.

I've got second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries.

Ordinances on first reading council office item A please, Madam Clerk.

- [Madam Clerk] An ordinance amending Chattanooga City Code Part II, Chapter 11, to add new definitions for absentee and homestay rentals, create an appeals process by an administrative hearing officer for absentee applicant disputes, and by the Short-Term Vacation Rental Board for homestay applicants, creating a Short-Term Vacation Rental Board, and establishing density and distance restrictions for short-term rental units within the short term vacation rental district in the new sections 11-510 through 11-526.

- [Chairman] Councilwoman Hill.

- [Councilwoman Hill] Thank you, Chairman.

So for anyone that's here that's interested in short-term vacation rental, I would encourage you to take a look at the agenda session that we just had.

There's really interesting and spirited conversation about where different council people are on that.

And I talk a lot about this council and how we work together.

We have a great deal of respect for one another.

And out of respect for Councilwoman Noel and District Eight, I would like to make a motion that we defer this one week.

I would also like to have a little discussion after we get a second.

- [Man] Aye.

- [Chairman] I have a motion on the floor for deferral till February 21st.

- [Councilwoman Hill] Thank you.

- [Chairman] And I have a second to that motion.

The floor is open.

- [Councilwoman Hill] Mr. Anderson, may I ask you a question?

- [Mr. Anderson] Yes, Ma'am.

- [Councilwoman Hill] In our agenda session, there was quite a lot of conversation about the concept of not allowing short-term vacation rentals in residential areas, and moving them forward only in commercial areas and/or commercial thoroughfares.

I wonder if that is something that the administration might be able to help bring some thought to because we had discussed having some guardrails on what those commercial corridors might look like with the intent also of coming up with something that would also allow us to lift the overlay and go citywide with this.

Would that be something that the administration would be able to help with or would you like me to put a pin in that and we talk about it maybe next week?

- [Mr. Anderson] There's a lot of that in what I presented to you in October.

- [Councilwoman Hill] There is.

- [Mr. Anderson] So I believe I can just take the language from that and have something.

- [Councilwoman Hill] But we need to tighten it up though with some guardrails.

- [Mr. Anderson] Two weeks might be better than one.

But if you tell me it's one week, I'll do my best to get something back to you in a week.

- [Councilwoman Hill] Okay, well, we'll stand with the defer for one week, in the event that Councilwoman Noel has something to bring at that point.

Okay.

- [Mr. Anderson] Okay, thank you.

And I assume we can meet about this later and you can tell me exactly what you want?

- [Councilwoman Hill] Absolutely, though I may not be the person that'll be leading that discussion, but I'd be happy to talk.

- [Mr. Anderson] Fair enough.

- [Councilwoman Hill] Thanks.

- [Chairman] Thank you, Councilwoman.

- [Chairman] Thank you, Councilwoman.

I do have a motion on the floor for deferral to February 21st.

Is that correct?

And I do have... - [Councilwoman Hill] That's correct.

- [Chairman] Yep, questions or comments?

Just wanna make sure we have the motion on the floor.

Councilwoman Noel.

- [Councilwoman Noel] Thank you, Mr.

Chair.

If Councilwoman Hill would not mind, I would prefer two weeks if that's okay?

- [Chairman] I have a motion on the floor for the 21st, which we'll need to address.

- [Man] Mr.

Chair, can I ask a question?

- [Chairman] Sure.

- [Mr. Anderson] About the two-week deferral.

So it was over questions that we have and I guess in order to say okay to this.

What questions, I think, what questions do you have that you think would take (inaudible).

- [Councilwoman Noel] Am I still active?

I am.

- [Chairman] You are.

- [Councilwoman Noel] There are some questions as well, that's looking at another avenue, the commercial corridor.

So I'm thinking two weeks would be better than one.

Mr. Anderson, can you come back up?

- [Man] So you are thinking about bringing an alternate version for commercial corridors?

- [Councilwoman Noel] That's a possibility.

Is that possible?

Mr. Anderson?

- [Mr. Anderson] I'm sorry.

Can you repeat the question?

- [Councilwoman Noel] The commercial corridors, is there a possibility for us to look at that?

- [Mr. Anderson] Yes.

- [Councilwoman Noel] Two weeks?

- [Mr. Anderson] The commercial corridors I can have to you tomorrow.

- [Councilwoman Noel] Okay.

- [Mr. Anderson] A new draft legislation that does what you want, I cannot have tomorrow, but I can have pretty soon.

I can do my best to have it in a week.

I can have it in two for sure.

If that's the will of the council.

- [Councilwoman Noel] Okay, thank you.

Thank you Mr.

Chair.

Thank you, Councilwoman Hill.

- [Chairman] Councilwoman Hill, hit your light for me.

I'm expecting probably a recension of that motion.

- [Councilwoman Hill] Yes, we'll rescind that motion and accept a two week... - [Chairman] And who seconded that motion?

- [Man 2] I'll second that motion.

- [Chairman] And who seconded the original motion?

- [Mr. Anderson] I did.

- [Chairman] Anderson.

Okay, very good.

That's the same second.

We now have a motion on the floor for a two-week deferral, taking us to February 28th.

- [Councilwoman Hill] Correct.

- [Chairman] And we have a second by Councilman Anderson.

I'm just making sure.

- [Councilwoman Hill] Sorry, we've been - [Chairman] It's okay, I understand.

Questions or comments before we vote on the deferral to the 28th?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

We are deferred to February 28th.

Thank you all.

Under legal, Madam Clerk item B please.

- [Madam Clerk] An ordinance amending Chattanooga City Code Part 11, Chapter 21, Section 21-232.

Jurisdiction of the office of administrative hearing officer restrictions on authority relating to short-term vacation rental, litter and overgrowth issues.

- [Chairman] Dr. Burs.

- [Dr. Burs] Move approval.

- [Chairman] Have a motion to approve.

- [Mr. Anderson] Aye.

- [Chairman] Have a second to that motion.

Questions or comments before we vote?

Oh, Councilwoman Hill.

See your light.

- [Councilwoman Hill] I believe that's Part Two, not Part 11.

- [Mr. Anderson] Part two.

- [Chairman] Part two?

- [Councilwoman Hill] Yes.

Yeah.

She just read it.

It was read into the record as 11, but it should be Part Two.

- [Chairman] Mr. Attorney, are we clear?

- [Mr. Attorney] Yes sir, Part Two, Chapter 21.

- [Chairman] Very good.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item passes.

Planning Item C, Madam Clerk.

Zero zero one seven, please.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as two rezone properties located at 1514 Shelby Circle, 6340 Middle Valley Road, and two unaddressed properties in the 6300 block of Middle Valley Road from R One Residential Zone, R Four Special Zone and RT One Residential Townhouse Zone with conditions to RT One Residential Townhouse Zone with conditions subject to certain conditions.

- [Chairman] Before I go to Councilman Smith, is the applicant present?

Is there any opposition present?

Councilman Smith.

- [Councilman Smith] Thank you, Mr.

Chair.

I have had conversations with the neighboring community, as well as the applicant, and we are going to have some additional community meetings to make sure that we've got this hammered out the right way.

So with that, I would like to defer until February 28th please.

- [Chairman] I have a motion to defer till February 28th.

I have several seconds to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Items deferred till February 28th.

Madam Clerk, item D please, case zero zero one five.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two Chapter 38 Zoning Ordinance so as to lift conditions numbers one, three, and six of Ordinance Number one one 827 and all other remaining conditions to remain valid and carry over for the properties located at 5993, 5979, and 5965 Highway 153, subject to certain conditions.

- [Chairman] Is the applicant present?

I do see an applicant.

Is there any opposition present?

Councilman Smith, I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries on first read.

Item E please, Madam Clerk.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone property located at 2341 Jenkins Road from R One Residential Zone to RTZ Residential Townhouse Zero lot line zone subject to certain conditions.

- [Chairman] Is the applicant present?

I see an applicant.

Is there any opposition present?

I see no opposition.

This is in District Four.

I have a motion to approve.

Councilman Henderson.

- [Councilman Henderson] I was just going to help you out there, Mr.

Chair.

- [Chairman] I would appreciate it sir.

I can do a lot of things but motions I cannot.

(laughing) So I did hear a motion to approve and I did hear a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries on first read.

Item F please.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone several properties in the 2600 blocks of Cowart and Williams Street, and the 200 block of West 27th Street from R Three Residential Zone with conditions to UGC Urban General Commercial Zone with conditions.

- [Chairman] Is the applicant present?

I have an applicant.

Is there any opposition present?

Madam Vice Chair?

- [Madam Vice Chair] Move to approve, sir.

- [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item F carries on first reading.

Item G, Madam Clerk.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone an unaddressed property in the 1800 block of Watauga Street from R Two Residential Zone to UGC Urban General Commercial Zone subject to certain conditions.

- [Chairman] Is the applicant present?

I do have an applicant.

Is there any opposition present?

Councilwoman Noel?

- [Councilwoman Noel] Move to approve.

- [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item G carries on first reading.

Item H, Madam Clerk, please.

- [Madam Clerk] In ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as two rezone property located at 2003 South Beach Street from R Two Residential Zone to UGC Urban General Commercial Zone subject to certain conditions.

- [Chairman] Is the applicant present?

I have an applicant present.

Is there any opposition present?

Councilwoman Noel?

- [Councilwoman Noel] Move to approve.

- [Chairman] Have a motion to approve.

I have a second to that motion.

Thank you.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item H carries on first reading.

Item I, please - [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone property located at 2109 Ralston Street from R One Residential Zone to RTZ Residential Townhouse Zero lot line zone.

- [Chairman] Is the applicant present?

I have an applicant.

Is there opposition present?

Councilwoman Noel?

(indistinct chattering) - [Councilwoman Noel] Thank you.

- [Chairman] Yes.

- [Councilwoman Noel] Am I on?

Thank you, Mr.

Chair.

So I met with the applicant as well as the constituents and there could not be a meeting of the mind.

So the applicant is making a request to withdraw so I make a motion for withdrawal.

- [Chairman] Very good.

I have a motion to withdraw.

I have a second to that motion.

Questions or comments before we vote?

All those in favor of the withdrawal, aye?

- [Group] Aye.

- [Chairman] Opposed?

Do we have enough there?

(indistinct chattering) Let me circle back around.

All those in favor of the withdrawal, say aye.

- [Group] Aye.

- [Chairman] Opposed?

I like that.

That's much clearer.

Thank you, Mr. Attorney.

Item J, Madam Clerk, please.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone properties located at 1913 and 1915 South Kelly Street from R Two Residential Zone, NC5 Neighborhood Commercial Zone to UGC Urban General Commercial Zone subject to certain conditions.

- [Chairman] Is the applicant present?

I see you.

Is any opposition present?

Councilwoman Noel?

- [Councilwoman Noel] Move to approve.

- [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor, say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries on first read.

Item K. - [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone property located at 20, 20, 2209 Bailey Avenue from R Two Residential Zone to UGC Urban General Commercial Zone subject to certain conditions.

- [Chairman] Is the applicant present?

I have an applicant.

Is there any opposition present?

Councilwoman Coonrod, this is in your district, ma'am.

- [Councilwoman Coonrod] Move to approve.

- [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries on first read.

Item L please.

- [Madam Clerk] An ordinance to amend Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance.

So as to rezone property located at 1605 Dodds Avenue from R Two Residential Zone to UGC Urban General Commercial zone subject to certain conditions.

- [Chairman] Is the applicant present?

I have an applicant.

Is there any opposition present?

Councilwoman Coonrod?

- [Councilwoman Coonrod] No, sir.

Move to approve.

- [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

All those in favor, say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries on first read.

Item M, Madam Clerk, please.

- [Madam Clerk] An ordinance amending Chattanooga City Code Part Two, Chapter 38, Zoning Ordinance Article Seven nonconforming uses to add a new subsection to Section 38 five four one to establish legal nonconforming protection to existing two family dwellings in the R One Residential Zone that was lost due to loss of power for more than 100 days.

(indistinct chattering) - [Chairman] Have a motion to approve, a second to that motion.

Thank you.

Questions or comments before we vote?

All those in favor, say aye.

- [Group] Aye.

- [Chairman] Opposed.

Item carries on first reading.

- [Councilwoman Noel] There's one nay.

- [Chairman] One nay?

Madam Clerk, did you get our one nay please?

Thank you, Councilwoman Noel.

Under resolutions, finance item A please.

- [Madam Clerk] A resolution to approve the city investment policy dated February 2023 practices.

- [Chairman] Dr. Burrows.

- [Dr. Burrows] Move approval.

- [Chairman] Motion to approve, I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Group] Aye.

- [Chairman] Opposed?

Item carries.

Under mayor's office without objection from counsel.

We have several CARTA appointments.

Madam Clerk, would you please read items B through J, and we will take those as a package.

- [Madam Clerk] A resolution confirming Mayor Kelly's reappointment of LeAndrea Sanderfur to the Chattanooga Area Regional Transportation Authority for term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item C: A resolution confirming Mayor Kelly's appointment of Johann DeNeese to Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item D: A resolution confirming Mayor Kelly's appointment of Evan Freeman to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item E: A resolution confirming Mayor Kelly's appointment of Steven Culp to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item F: A resolution confirming Mayor Kelly's appointment of Arcie Reeves to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item G: A resolution confirming Mayor Kelly's appointment of Corey Evet to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item H: A resolution confirming Mayor Kelly's appointment of Daniela Peterson to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

Item I: A resolution confirming Mayor Kelly's appointment of Bill Nye to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

And Item J: A resolution confirming Mayor Kelly's appointment of Charita Allen to the Chattanooga Area Regional Transportation Authority for a term beginning on February 8th, 2023 and ending on February 7th, 2028.

- [Chairman] Thank you, Madam Clerk.

(indistinct chattering) - [Chairman] I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

I would like to ask if anyone is here that is being appointed to the CARTA board.

If you'd raise your hand tonight, just raise your hand.

From all of us, thank you.

(applause) - Thank you for your service to our community.

We look forward to the great tasks that are hand that we know we you will tackle for us.

We have a motion on the floor.

I will ask if all in favor, say aye.

- [Group] Aye.

- [Chairman] Opposed?

Congratulations, board members.

Thank you.

Without objection, Madam Clerk, would you read items K, L, and M please.

We'll take those as a package.

- Item K: A resolution confirming Mayor Kelly's appointment of Michael Mallen to the Air Pollution Control Board for a term beginning on February 15th, 2023, and ending on February 14th, 2027.

Item L: A resolution confirming Mayor Kelly's appointment of Mark Harrison to the Air Pollution Control Board for a term beginning on February 15th, 2023 and ending on February 14th, 2027.

And item M: A resolution confirming Mayor Kelly's appointment of Kevin Boehm to the Air Pollution Control Board, for a term beginning on February 15th, 2023 and ending on February 14th, 2027.

- [Chairman] Council, I have a motion to approve.

I have a second to that motion.

Questions or comments before we vote?

Again, if you're here for the Air Pollution Control Board appointment, please raise your hand.

Very good, Mr. Mallen.

(applause) - I see you there.

We thank you for your service.

All those in favor, say aye.

- [Group] Aye.

- [Chairman] Opposed?

Congratulations.

Now the work begins, sir.

All right.

Under planning item P, Madam Clerk.

- [Madam Clerk] A resolution approving a special exceptions permit for a residential planned unit development for property located at 3525 Garner Road subject to certain conditions.

- [Chairman] Is the applicant present?

I do have an applicant.

Is there any opposition present?

Councilman Hester?

- [Councilman Hester] I want to first thank all the wonderful folks in Eastdale King's point area for their input for this project.

I want to move to amend the condition.

The condition is to add trees along the fence side that's adjacent to the parking lot.

- [Chairman] Sure.

Let's get a motion to approve and get this on the floor for discussion.

- [Councilman Hester] Move to approve.

- [Chairman] I have a motion to approve.

I have a second to that motion.

- [Councilman Hester] We move to amend with the condition of having trees along the fence side adjacent to the parking lot.

- [Chairman] Very good.

Have a motion to amend.

Have a second to that motion.

All questions or comments?

Mr. Attorney?

- [Mr. Attorney] We have been provided with a condition here Type B landscape buffer between parking lots and the exterior PUD boundary.

And that is what has been recommended by Ms. Renick on there, if that that'll work.

- [Chairman] Is that your condition, sir?

- [Councilman Hester] That's the condition.

- [Chairman] Very good, condition will stand.

All those in favor of the condition, say aye.

- [Group] Aye.

- [Chairman] Opposed?

I'll take a motion to approve as amended, sir.

- [Councilman Hester] Thank you.

(laughing) - [Councilman Hester] Move to approve as amended.

- [Chairman] I have a motion to approve as amended.

I have a second to that motion.

Questions or comments?

Councilwoman Coonrod.

I see.

- [Councilwoman Coonrod] Thank you, Chair.

- [Chairman] Yes ma'am.

- [Councilwoman Coonrod] I got a comment.

Thank you, Mr. Jennings, for taking the risk to invest in the Eastdale community.

This community, as you know, has had a lack of investment coming into it.

Thank you for bringing this concept of creating micro homes in this area, and I hope it's a concept that will continue to be throughout the city of Chattanooga and Hamilton County as well.

The value that it's going to bring to this area.

Just overall, you've invested in Eastdale quite a lot now and I just wanted to express my thanks and appreciation even though it's on District Five's side.

It's Eastdale, I claim all of it.

(upbeat music) - [Narrator] You've been watching highlights of the Chattanooga City Council meeting a production of WTCI PBS.

(upbeat music) - Get on-demand access to even more of the shows you love with WTCI Passport, an exclusive benefit for members of WTCI PBS.

Watch your favorite shows and passport on the PBS video app.

Download it today.