February 28th, 2023

[upbeat uplifting music] - [Announcer] You're watching highlights of the Chattanooga City Council meeting, a production of WTCI/PBS.

(wooden gavel bang) - Good evening, everyone.

Welcome to our Tuesday, February 28th City Council business agenda.

I will call the meeting to order.

We have no special presentation this evening so I will accept a motion for the minutes.

- [Councilpersons] Second.

- I do have a motion for the minutes.

They will stand without objection.

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

- [Madam Clerk] In ordinance to amend Chattanooga City called Part 2 Chapter 38, Zoning Ordinance.

So as the zone properties located at 1913 and 1915 South Kelly Street from R-2 Residential Zone and C-5 Neighborhood Commercial Zone to UGC Urban General Commercial Zone subject serve conditions.

- This is in final reading.

Councilwoman Noel?

- [Councilwoman Noel] Moved to approve?

- I have motion to approve.

- [Councilwoman] Second.

- I have second to motion.

Questions or comments before we vote?

All those in favor say aye.

- [Councilpersons] Aye.

- Opposed?

Item carries.

Ordinances on first reading Council Office Item A, please.

- [Madam Clerk] In ordinance amending Chattanooga City Code Part 2 Chapter 11 to add new definitions for absentee and home-state rentals.

Create an appeals process by an administrative hearing officer for absentee applicant disputes and by the short-term vacation rental board for home-state applicants.

Creating the short-term vacation rental board and establishing density and district restrictions for short-term rentals.

Units within the Short-term Vacation Rental District in new sections 11-510 through 11-526.

- Councilman Henderson followed by Councilwoman Hill.

- [Councilman Henderson] Thank you, Mr.

Chair, I just want to thank Councilwoman Hill for all of her hard work in helping put this legislation together and finally getting it to the floor.

I move approval.

- [Councilman Ledford] I have a motion to approve.

- [Councilwoman Hill] Thank you.

- [Councilman Ledford] I have a second to that Motion.

Questions or comments before we vote?

I do see a light, Councilwoman Noel, you have the floor.

- [Councilwoman Noel] Thank you Mr.

Chair.

I would like to add an amendment to this.

Um.

For the footage to be 1,000.

- [Chairman Ledford] So there is a motion on the floor for an amendment to change the 500-foot boundary to a 1,000-foot boundary.

- [Councilwoman] Second.

- There is a second to- - [Councilman Smith] Roll call vote.

- Roll call vote.

Any other questions or comments on the amendment?

Roll call vote.

This is voting on the amendment.

Madam Clerk, please.

- [Madam Clerk] Councilman Henderson?

- [Councilman Henderson] No.

- [Madam Clerk] Councilwoman Hill?

- [Councilwoman Hill] No.

- [Madam Clerk] Councilman Smith?

- [Councilman Smith] No.

- [Madam Clerk] Councilman Hester?

- [Councilman Hester] Yes.

- [Madam Clerk] Councilwoman Berz?

- [Councilwoman Berz] Yes.

- [Madam Clerk] Councilwoman Noel?

- [Councilwoman Noel] Yes.

- [Madam Clerk] Councilwoman Coonrod?

- [Councilwoman Coonrod] Yes.

- [Madam Clerk] Vice Chair Dotley?

- [Vice Chair Dotley] Yes.

- [Madam Clerk] Chairman Ledford?

- [Chairman Ledford] No.

- [Madam Clerk] That's five.

- The amendment has been approved.

Need a motion to approve as amended?

- [Councilwoman Hill] Motion approved as amended, Mr.

Chair.

- There is a motion on the floor to approve as amended.

- [Councilwoman Noel] Second.

- [Chairman Ledford] There's a second to that motion.

Questions or comments?

- [Councilman Smith] Roll call.

- Roll call to vote please, Madam Clerk.

- [Madam Clerk] Councilwoman Coonrod?

- [Councilwoman Coonrod] Yes.

- [Madam Clerk] Councilwoman Noel?

- [Councilwoman Noel] Yes.

- [Madam Clerk] Councilwoman Berz?

- [Councilwoman Berz] Yes.

- [Madam Clerk] Councilman Hester?

- [Councilman Hester] Yes.

- [Madam Clerk] Councilman Smith?

- [Councilman Smith] No.

- [Madam Clerk] Councilwoman Hill?

- [Councilwoman Hill] Yes.

- [Madam Clerk] Councilman Henderson?

- [Councilman Henderson] No.

- [Madam Clerk] Vice Chair Dotley?

- [Vice Chair Dotley] Yes.

- [Madam Clerk] Chairman Ledford?

- No.

- [Chairman] 6-3.

- Okay.

Moving into planning Item B. Madam Clerk please.

- [Madam Clerk] In ordinance to amend Chattanooga City Code Part Two Chapter 38 Zoning Ordinance, so as the rezone properties located at 1514 Shelby Street, 6340 Middle Valley Road and two unaddressed properties in the 6300 block of Middle Valley Road from R-1 Residential Zone, R-4 Special Zone, and RT-1 Residential Townhouse Zone with conditions to RT-1 Residential Townhouse Zone with conditions, subject to certain conditions.

- Is the applicant present?

Is there any opposition present?

Councilman Smith?

- [Councilman Smith] Mr.

Chair.

Karen, do you mind coming and presenting, please?

This was an item that was previously before the council and it was deferred for two weeks and I appreciate the efforts made by the applicant to work with the community, have a meeting, meet with them, let them know what the real plan was, how it was gonna be implemented and I just want to go over a couple of those details and then as well as the conditions to make sure that they're clear.

- [Karen] Okay, um.

This is a request to rezone to RT-1 with conditions for 26 town homes.

The applicant provided a condition for consideration, which is a 20-foot Type B buffer, where property puts the R1 Residential zone properties.

The site surrounded by single-family residential, multi-family residential town homes and some small-scale commercial uses.

It's the corner of Middle Valley Lower Mill Road Shelby Circle.

The surrounding development is consistent with an area that is transitioning from a rural residential development pattern to a more suburban residential development pattern.

There are currently town homes located on the corner of Middle Valley Road in Shelby Circle.

There is a mix of zoning at the site.

We discussed this briefly at planning and zoning committee but I will note that it's a mix of the R-1, R-4 and RT-1.

The current R-1 zone would allow for approximately six homes per acre.

The R-4 zone would allow approximately 19 dwelling units per acre.

That R-4 zone is a little bit over half an acre could be developed as single-family, two-family, or multi-family dwellings.

Additionally, that R-4 special zone allows non-residential uses such as offices and banks.

The current RT-1 zone has conditions related to the number of units.

It would allow for eight attached town homes and three single-family dwellings.

The Hixson-North River Plan recommends low-density residential uses and that's described as single-family detached homes with some exceptions made for town homes, patio homes, and two-family dwellings.

There is a goal in the Hixson plan that we mentioned with most rezonings in the area that the goal to create younger home ownership and senior housing opportunities and notes there will be a need for more site zoned for smaller housing units such as town homes, flats and retirement facilities.

And our staff recommendation notes that this project was slightly more dense than the adjacent low-density residential developments provide housing diversity that would promote attainable housing opportunities for younger home ownership and senior housing.

There was no opposition at planning commission on- we can come back to the site plan and the rendering if needed.

Both staff and planning commission had similar findings.

The request is with conditions as compatible with the Hixson-North River Plan.

Adjacent land uses and development form.

And staff had proposed conditions that were carried over by planning commission limiting density and adding a buffer against existing single-family residential uses to ensure compatibility.

So it comes with a recommendation from planning commission with the following conditions: A maximum of 26 units, a maximum of four units per masked building.

There shall be only one entrance for ingress and egress from Shelby Circle and Middle Valley and a 20-foot Type B landscape vaporware property, that's the R-1 residential zone parcels.

- [Councilman Smith] Ms. Rennick, remind me how many units are available by right today?

- [Karen] I think if I did the count it's around 30 units.

- [Councilman Smith] Okay.

And then that also a combination of residential and office potentially as well- - [Karen] That's correct.

that doesn't include the R-4 Zone which allows a mix of uses.

- [Councilman Smith] Okay, so here's- Can we go back to the site plan or at least the the proposed?

Okay.

So in this, this site plan is based on the conditions proposed by planning.

Is that correct?

- [Karen] That's correct.

- [Councilman Smith] Okay, uh.

One of the things I'm interested in doing, and if you could help me with the language to ensure that it's right, is add an additional condition that we tie this site map to the rezone, obviously within the allowable changes.

If something needs to change based on permitting and you know, something along those lines.

But for all intents and purposes, I want to make sure that what has been presented and what was presented to the community matches what we end up getting.

So we've done, we've done similar language.

I typically tie a site plan to rezones when I do them.

Do you have that language available?

- [Karen] I do and let me just make a note to make sure I don't miss anything.

We would attach this site plan.

This is the one that was provided and based on the comment I would propose a general location of the residential units, parking lots, and driveway locations as shown on the site plan, except as needed for emergency or life safety matters as identified through the permitting process.

- Great.

And then I'm just gonna ask the applicant would you have any problem with that condition?

- [Applicant] No.

- Great.

Okay, Mr.

Chair, I have no further questions.

I don't know if any of my colleagues do.

- [Chairman Ledford] Councilman Smith, I'm seeing no lights at this time.

- All right, thank you, sir.

I am going to move approval so that I can add this condition, please.

- [Chairman Ledford] Do you have a motion to approve?

- [Councilman] Second.

- [Chairman Ledford] I have a second to that motion, the floor is open.

- Thank you, sir.

I now move to amend with the condition that Ms. Rennick read.

I don't know, Phil, if you need it again or if we can provide it later.

- [Phil] As long as they can provide it to us here- - [Councilman Smith] He would send it?

Okay.

So I am going to move to amend based on the condition that Ms. Rennick just read.

- [Chairman Ledford] Motion to amend- - [Councilman] Second.

- [Chairman Ledford] Have a second to that motion?

Questions, comments before we vote?

All those in favor for the amendment say aye.

- [Councilmen] Aye, aye.

- Opposed?

(silence) - Councilman Smith?

- [Councilman Smith] Move to approve as amended, sir.

- Have a motion to approve as amended- - [Councilperson] Second.

- Have a second to that motion?

Questions or comments before we vote?

All those in favor say aye.

- [Councilman] Aye.

- Opposed?

- Item carries as amended on it.

- [Councilman Smith] Thank you, sir, appreciate it- - Thank you.

Madam Clerk item C, please.

- [Madam Clerk] In ordinance amending Chattanooga City Code Part Two Chapter 38 Zoning Ordinance, Article 5 zoning regulations Division 13, C2 convenience commercial zone, section 38-188 minimum yard and landscaping requirements, maintenance of visibility access points relations of yards to turn out in merging lanes in Division 29, off-street parking and loading space requirements.

Section 38-472 General Regulations by amending table 1700 multifamily units.

- Councilman Henderson?

- [Councilman Henderson] Thank you Mr.

Chair.

We are trying to couple a proposed amendment to the C2 ordinance with an amendment to the Special Permits section as well.

That we need just a little bit more time to get this right.

I'm going to ask or make a motion that we defer this until March the 14th.

- I have a motion to- - [Councilwoman] Second.

- defer to March the 14th.

I have a second to that motion.

Questions or comments before we vote?

All those in favor say aye for the deferral - [Councilpersons] Aye, aye, aye.

- All opposed?

Item is deferred until March 14th.

Madam Clerk Resolutions Counsel Office Item A, please?

- [Madam Clerk] A resolution confirming the appointment of J.T.

McDaniel to the Board of Zoning Appeals, to fill the unexpired District 9-C with the term again in February 28th, 2023 and ending July 24th, 2024.

- Councilwoman Coonrod you have the floor.

- [Councilwoman Coonrod] Move to approve?

- A motion to approve?

- [Councilperson] Second.

- Second to that motion, several seconds.

Thank you.

Questions or comments before we vote?

All those in favor say aye.

- [Councilpersons] Aye.

- Opposed?

(silence) - Congratulations Mr. McGannon.

Is he here by chance this evening?

If you see him, tell him thank you for serving on such an important board.

Madam Clerk Item B, please.

Will you read the edited version from the city attorney, please?

- [Madam Clerk] Yes.

A resolution authorizing Councilwoman Coonrod to execute a letter to Governor Bill Lee on behalf of the City Council in response to the statement from President Biden on marijuana reform.

- Councilwoman Coonrod you have the floor still?

- [Councilwoman Coonrod] Move to approve.

- Have a motion to approve.

- [Councilwoman] Second.

- Have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Councilpersons] Aye.

- Opposed?

- [Councilwoman] No.

- Oh.

How many nos?

- [Councilman] Vote present.

- Present Madam Clerk, we have one present.

- [Councilwoman] One present.

- Two present, thank you.

Economic development Item C. Madam Clerk, please.

- [Madam Clerk] A resolution authorizing the mayor his designee to enter into an office lease with Rise Up Cooperative and substantially the form attached for the use of 100 square feet of office space at the Family Justice Center at 5705 Uptain Road.

Identified as tax map number 157-M-A-012 with effect an effective date of March 1st, 2023 for the term of five years at the annual rent of $1.

- Dr. Berz?

- [Councilwoman Berz] Move approval.

- [Chairman Ledford] Have motion to approve.

- [Councilwoman] Second - Have a second to that motion.

Questions or comments before we vote?

All those in favor say aye.

- [Councilpersons] Aye.

- Opposed?

Item carries.

Item D, please.

- [Madam Clerk] A resolution authorizing the acceptance of $214,215.64 from Hamilton County as the city's portion from the 2022 Hamilton County Surplus property sale with $212,528.18 applied as the city's portion, $1,367.71 being applied to the City Attorney fees, and $319.75 being applied to the City Treasurer's cost.

- Dr. Berz?

- [Councilwoman Berz] Move approval.

- Motion to approve.

- [Councilwoman] Second.

- Second to that motion.

Questions or comments before we vote?

All those in favor, say aye.

- [Councilpersons] Aye.

- Opposed?

Item carried under Public Works.

Madam Clerk, please?

Without objection from Council, Items E, F, and G we'll take as a package, please.

- [Madam Clerk] Item E. A resolution authorizing the administrator for the Department of Public Works to award contract number S16012401 Lynbrook Park and Stream Restoration to Thomas Brothers Construction Company, Inc. of Hixson, Tennessee for $3,092,249.42 with a contingency amount of $300,000, for a total amount of $3,392,249.42.

Item F - A resolution authorizing the 2022 annual inflation adjustment of the financial assurance for the City of Chattanooga landfills, permit number SNL330000273 original at Birchwood Landfill as required by the regulations of the division of Solid Waste Management to decrease the assurance from $1,546,300.95 to $1,481,655.03.

Item G - A resolution authorizing the 2022 Annual Inflation Adjustment of the financial assurance for the City of Chattanooga landfills permit number SNL330000273 Lateral Expansion Area 3 at Birchwood Landfill as required by the regulations of the Division of Solid Waste Management to increase the assurance from $8,028,182.88 to $8,461,805.11.

- Council, you've heard our Public Works items as a package tonight.

- [Councilman] Move to approve.

- I have a motion to approve?

- [Councilman Henderson] Second.

- That's a second to that motion.

Thank you, Councilman Henderson.

Questions or comments on E, F or G?

All those in favor, say aye.

- [Councilpersons] Aye.

- Opposed?

(silence) Item carried.

That concludes our ordinances and resolutions for this evening.

Persons wishing to address Council tonight if you would and you'd like to address Council we welcome you to the podium.

- [Nitza] Good evening.

- [Chairman Ledford] Good evening.

- [Nitza] My name is Nitza Velasco.

I'm in District Six.

I'm here to read a letter.

And I wanna thank you that we have this opportunity to let the community speak.

Through this letter, I would like to express our gratitude for the work of Esai Navarro.

The work that she has done for our organization Fuerzas Para Vivir, the Strength to Live.

Her passion for service and commitment to the cause of the underprivileged has been, and will continue to be an inspiration for those of us who have decided to dedicate our lives to the service of their community.

Without knowing in depth the reason why Esai has been removed from her role in the Mayor's office.

We can only reflect that through her work, the standards of dedication and commitment to public service for the department where she worked will now remain very high.

Undoubtedly we know that Esai will return to the community she has always served and who awaits her with open arms.

Her fervor and solidarity can be told in stories of many of our immigrants, neighbors of our city.

Her fervor- God will see to it that a person like Esai Navarro, whose love for her fellow man is well-known, will be who the most needy are.

We pray for you, our civil servants, reminding you that there is no force more powerful and mobilized than love.

And that transparency in the management of the interest of the citizens is not an option, but an obligation for those of us who have placed you where you are with the tool of our votes.

I bid farewell with best wishes, to each one of you in the fulfillment of the task that has been assigned to you.

Sincerely, Luis Cesar Caballero.

He is the chairman for the nonprofit Fuerzas Para Vivir.

Thank you.

- [Chairman Ledford] Thank you.

(speaking in foreign language) - [Nitza] Good afternoon.

My name is Edgardo Echevarria.

(speaking in foreign language) Because of problems in translation that I can't speak English, I will need her to read this letter for me.

District 9, (laughs) Good afternoon, my name is Edgar Echevarria Martinez.

I live in District 9.

I will like to address the firing of Esai Navarro as director of the Office of New Americans.

In August of the year 2022, my brother was sent from Texas in a bus on a journey to Tennessee.

He was mistreated in many different ways and upon arriving in the city of Chattanooga, Tennessee, they dropped them off far from the airport or any bus station.

He and the others on the bus knew nobody, they were without money, with no place to go, they were wandering the streets.

That day Esai came to their help and she gave them food and a place to stay.

She offered her unconditional support and said that she represented the Office of New Americans and that she was there to help.

One by one, she helped them all.

We, as immigrants, have seen the quality of her work and her love for community.

We know that there are few people as dedicated as she has been.

I was a rural teacher in Nicaragua and I had to leave my country because I would not support the dictatorship of Ortega.

I appreciate the fact that I can come here and speak my mind and disappointment without fear of retaliation.

In my country, to dissent will mean that you can end up dead or life in prison.

So I dare to speak here on behalf of the migrant community and the role that Esai Navarro played in our coming to Chattanooga.

I hope they will consider her rehire and listen to what the community needs and wants.

Thank you.

- [Chairman Ledford] Thank you.

- [Laida] Good evening, City Council.

My name is Laida Navarro and I'm with District 9.

Today I'm asking for city council to reinforce the city's Conflict of Interest policy, which is ordinance 12804 against Mayor Kelly's Chief of Staff.

Last week, the Kelly administration disclosed they would be working with the community partners but highlighting the Tennessee Immigrant and Refugee Coalition, also known as TURC and La Paz.

To make sure we have a leadership that is able to build strong coalitions.

Well, Esai's experience demonstrates that she's capable of doing that.

The city of Chattanooga deserves a mayor's administration and City Council to govern in equity.

The administration said they wanted community input, and well, the community is speaking.

their letters and their voices here today are telling them who they want and they want Esai.

The administration's actions thus far, are evidence that they are only worried about personal interest.

Since when have we allowed nonprofits to select political appointment?

More specifically, why are we allowing a Nashville organization to come in and help find the right candidate to serve the people of Chattanooga?

It doesn't seem very fair that the same organization who has a board member, is also serving as the mayor's Chief of Staff.

This organization is not a part of our city's nonprofit ecosystem.

They don't have a satellite office in our city.

So how do they know what the immigrants and refugees of our communities are experiencing?

They don't.

If the administration wants to allow exclusive organizations to influence or dictate staffing of a public office then organizations should forfeit their eligibility to apply for city funding, because these actions would be allowing them to stack the cards in their favor and you would be assisting in fostering the inequity in our city's economic development.

We need our city council to amplify our voice in closed-door meetings and advocate on the behalf of our community for the reinstatement of Esai Navarro as the director for the Office of New Americans.

The Office of New Americans needs a person who is a non-affiliated individual who can build strong coalitions, help connect dots.

Who will amplify and accelerate the efforts of all businesses in order to make Chattanooga a more inclusive and welcoming city.

The right person, who was doing that and is still the right choice, is Esai Navarro.

Mayor Kelly, City Council, I'm hoping you all make the right choice.

I'm also hoping you will support Councilwoman Coonrod and ensure the person is confirmed by you all.

Thank you.

I also have provided a copy of the ordinance in my statement.

(audience mumbling) - [Chairman Ledford] Councilwoman Coonrod, I see your light, please.

- [Councilwoman Coonrod] Yeah, thank you.

The Section 9 constituents that's coming up.

Thank you.

I appreciate that you all think I got the needle to say hire her back and if we could, if I could I would do it.

I think she was an asset to the community but it doesn't fall in our purview for council members to hire or fire appointed people.

But I am thankful the outpour of love that's championed for Esai I'm glad that you all are championed for her.

Continue to fight for her.

I'm proud of you all for being bold enough to come up here.

But the fight is this place.

Guess if that's the word.

It really, you gotta go to the Administration and talk to them.

Like it's great for us to hear it, but I don't want you to think that we're just, that we're able to move and say to do it 'because then it disappoints our constituents when we can't, we can pose the question to administration.

We can, you know, do all of that.

But the- we can even blow it up as big as we want to.

But the ultimate decision comes from Administration and I just want you all to understand where I'm at.

You know, and hey, if we need to connect you all with the Administration, set up meetings, anything like that, sit in the meetings with you to make you feel comfortable.

I'm willing to do all that, but I just- - [Nitza] we have been sending letters there as well.

- [Councilwoman Coonrod] Okay.

And then they're here too if they got time after the meeting.

But I just didn't want you to think that I'm not listening, I'm not hearing your concerns, or that we're not addressing it.

Because sometimes, we'll, you know constituents will speak and we're just sitting here.

and I have spoken to the administration about it, but for me it's not something that I can immediately say that I can move and restore Esai to the position.

And I don't want you to feel like I've let you down because that's, it's just not in my council wheelhouse to do that.

Thank you Chair.

(upbeat uplifting Music) - [Chairman Ledford] Thank you.

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