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

(upbeat music) - Good afternoon, ladies and gentlemen.

Welcome to our Tuesday, December the 14th city council meeting.

I now call this meeting to order.

Moving now to your order of business for the city council we have no ordinances on final reading this afternoon.

Moving to ordinances on first reading, we have several planning items that we need to work through this afternoon.

Six E, please.

- [Speaker 1] An ordinance to mention the city code part two, chapter 38 zoning ordinance.

So as the reasonable properties located at 51-16, 51-20 or 51-34 Highway 58 and several unaddressed tracks, 120ND 012, 014,015, 016, and 018 of land and the 5,100 block of Highway 58 from C5 neighborhood commercials onto C2 convenience commercials subject to certain conditions.

- Case 2021-0169, is the applicant present?

Thank you.

Is there any opposition present?

Okay, thank you.

Councilman Hester, this is a zoning matter that we had deferred from the 30th.

I do see an applicant and opposition.

Councilman Hester.

- I wanna thank the residents of most of the neighborhood.

And thank you Alan Jones for the collaboration last night, where we had an education process for the zoning.

Maybe now we've become good stewards, good neighbors in this neighborhood.

So after a consensus, we came to the conclusion that we're gonna have C2 to certain conditions.

Sir.

- [Henderson] Okay, I'll tell you what, since there is some opposition here, I think it would be good to go ahead and hear from the applicant and then anybody from the neighborhood that would like to speak.

- Sir.

- [Speaker 2] Mr.

Chair, we do have the conditions to show on the screen, but I'm unable to move through the presentation, there we go.

And I can get those on the screen as the applicant comes forward.

- [Henderson] Okay, why don't you go over those right quick before he comes and then that way we'll be briefed on that.

- Okay, so there were conditions on the case already.

There is a 40 foot landscape buffer shall be required and that's that 30 foot being undisturbed along the Mimosa circle.

A six foot privacy fence, lights pointed away from any Arwin residential property.

I believe newer four or five and six, no access, construction or permit shall be allowed on the Mimosa circle.

No building area shall exceed 12,500 square feet.

And the following uses are permitted as shown there.

And I can read those if you'd like.

- [Henderson] I think we're good.

- Okay.

- [Henderson] Okay.

All right, Mr. Jones, if you'd come, you have seven minutes with a two minute rebuttal after opposition speaks.

- Thank you, council.

Just to kind of echo Councilman Hester's opening statement, we did have a neighborhood meeting last night with all the residents Mimosa and you guys are still here.

So thank you all for coming.

You know, yesterday was really more of an opportunity to kind of help educate the differences between C5 and C2.

And at the end of the day, these are some of the conditions.

Or these are the conditions that we presented, and I think you're not gonna get approval from everybody at the meeting.

I think we had 15 or 16 folks at the meeting last night.

My understanding is, there are a few that are absolutely opposed to going from C5 to C2 with conditions, but I think there are also others that were okay with moving forward with C2, with all these additional conditions to help put safeguards in place.

Kind of summarize I think my perspective on this rezoning proposal is the C5 that was approved years ago does not offer any protections to that neighborhood.

Right now, a contractor could go and get permits and grade right up to the property lines.

Technically, it's challenging, but they could technically get access to Mimosa circle to their site whether it's for construction or for permanent access.

And there's really no privacy really built in other than just the city required landscape buffer that is installed day one, which takes five, 10 years to really be a meaningful buffer.

So I think with these conditions that we're we're proposing to put in place does put some safeguards in place for the neighbors for the use of self storage and for our boat dealership.

I told the residents last night, I can't sit here and promise that those will be the two final uses because sometimes deals fall through.

And I think that's why we're trying to be very diligent and looking at uses that are potentially scary or they don't want in their backyard.

So this is the reason why we went through 10 different prohibited uses in addition to the other conditions.

With that, I'll turn it over to the neighbors to speak.

- [Henderson] All right, thank you.

If there is any opposition to this case that would like to come forward and address the council at this time, now would be the appropriate time to do so.

Mr. RT, if you'll give us a total of nine minutes.

- Oh, it won't take that long.

- [Henderson] Well, there may be others that would like to speak talk.

Opposition gets a total of nine minutes.

- Okay, thank you.

- [Henderson] Give us your name.

- I need to list my name again?

- [Henderson] Yes, please.

- My name is Alonzo Noble and I am a resident of Mimosa circle.

And last night we did meet and we had some deep discussions, but I think I was one of the last ones to leave and I think our vote was against.

So I'm surprised to hear that the consensus was C2.

And one of the conditions we didn't get to last night, but I had talked to Eric, is that right?

Allen, the other week that one of the conditions was we didn't want any storage buildings on there.

And I think that's one of the things that they wanna place on there.

But I mean, we've had much discussion about it.

So you all make the final decision.

It's up to you all to do that.

And whatever the decision is, that's what we're gonna live with.

We would live with that, okay?

And so just like Councilman has to said about good stewards and good neighbors, that's what we always been and always planned to be.

And so we know what we were up against.

And so we wanna appreciate you all for what you all do, but we are sad really to hear that the consensus was a C2 because when I left last night, it wasn't consensus of C2.

- I'm surprised too, that's all I have to say.

- [Henderson] Thank you.

We still have a little bit of time left for the opposition to speak.

Is there any one here that would like to speak in opposition that will be the time to come forward?

- My name is Oliver Target.

I live on Mimosa Circle.

And what we heard last night, we heard a proposal what they gonna do, but what does not a timeline when they gonna do it.

So we feel if this is approved from a C5 to a C2, they'll sit on it for a couple of years to sell it and it'll be a C2.

They can do anything they wanna do.

They don't have to follow this proposal here for the 10 years.

They'll go back and maybe none of you'll be here, you might be retired.

So it have a way of paperwork getting lost.

And so this is my concern, if a C5, they can build a stuff it's still is basically the same thing.

They're talking about giving you a few feet, but we done went through that before.

They build a timeline with the trees and they die.

Nobody come back and fix them.

There's nobody policing there.

So this is what I'm saying, what will stop them the next buyer come back and reclaim the land that they gave us, that breezeway?

What will stop them from doing that?

That's all I got to say.

- [Henderson] Thank you.

Counselor Ledford, did you have a question for some of the opposition?

- [Ledford] No, sir, I'm just in queue for a second.

- [Henderson] Okay, Councillor Berz, question for opposition?

- Not for opposition, for Allen.

- [Henderson] Mr. RT, stop your clock.

Let the opposition get finished and then I'll take questions.

Is there any anyone else here from the neighborhood that would like to speak in opposition to this rezoning?

One last chance.

Okay, I'm going to turn it back over to the applicant for a two minute rebuttal and then we'll open the floor for questions.

Can we have two minutes on the clock, please.

- Really to kind of answer the timeframe, you're right that was not discussed yesterday, the timeframe for the development.

Right now the property owner has a contract for the self storage piece of it.

So, if the zoning is approved today, then my office will be diligently working on survey designs, permitting and that kind of thing.

So you're probably looking at a good solid year before probably under construction, just knowing the design process.

As far as the boat dealership, that's an ongoing discussion and there's really not a targeted timeframe yet, but I know the property owner is having some serious discussions with the boat dealer at this point.

And really at that, I'll just leave it up to any questions that council may have for me.

- Thank you, Councillor Berz, you're still active, ma'am.

You're good.

- [Berz] All right, so Allen, there's a lot of conditions on this property.

I heard you say something that interests me.

You said I can't guarantee what they think is gonna be built is gonna be built.

That gives me pause.

When you discuss with people, you said no is important to people when it backs to neighborhoods like that.

So what are y'all building there?

- Sure.

The plan right now is to do self storage.

And I think the self storage developer is actually here right now, I saw him walk in a minute ago.

He's got the property under contract to develop as a self storage.

- [Berz] And then what about boats?

- So the way the property is divided, you've kinda got an EPB big power line easement that cuts to the site.

So the back half of the site that backs up to the neighborhood, that's what we're proposing to put into self storage use.

And that's why, we get a lot of these conditions as far as the buffering and everything.

And then the section that's right up along Highway 58 is where the boat dealership would go as long as that contract continues to move forward.

- [Berz] So the back protects the neighborhood, right?

- Correct.

From the self storage unit.

- [Berz] I got it, I got it.

And the neighborhood itself is not gonna be disturbed in any way and there's a 40 foot buffer?

- Correct, 40 foot buffer plus the fence.

And also what I explained to the neighbors last night is our site is downhill from them.

So any stormwater, it can't get to their site.

So there's no storm water issues as far as flooding- - Would they be overlooking your site?

I'm not familiar with the land configure.

So when they look back out the back of their property, they're looking over the roofs of your property, of what you're doing?

- So that the top does start to fall off from their backyards.

And that's why we're proposing to keep that 30 foot undisturbed landscape up 'cause there's a good stand of existing trees there right now that are in that 30, 40 foot range.

So we're proposing to have that undisturbed 30 foot buffer and then 10 feet if we do need a little kind of grading in that area, and then we'll continue to replant that extra 10 feet buffer with shrubs and trees to kind of thicken up where it's maybe sparse in some areas and then addition having that fence line.

It does fall off.

And roughly from that 40 foot offset to the closest home is about a 100, 110 feet in distance.

- [Berz] Was there a consensus or wasn't there a consensus?

- I'll let Councilman Hester answer that one.

- [Berz] Okay.

And last question, and this is just for the record, okay?

Karen, when there are conditions on property, when there are conditions on property, I've heard a lot of comments about we don't trust government.

And I get that.

When there are conditions on property, somebody can always come and ask to drop a condition, right?

- That's right, they can request out of city council.

- [Berz] All right, and city council can say, huh, or, huh.

- That's correct.

- [Berz] But it would never happen without everyone knowing about it and proper advertising.

- That's correct.

- [Berz] I'm not interested in a bait and switch, okay?

And I wanna know that these people are protected the way this talks about protecting them.

- The conditions go with the property.

So even if the owner changed now five years, 10 years from now, 20 years from now, the zoning and the conditions do go with the property.

And so we keep record of that.

We have maps, we have digital files, we have paper files.

We have the ordinances from city council and we use all of that is backup systems to make sure that we are tracking those ordinances in that zoning.

- [Berz] Okay, thank you.

- Hold on, sir.

Councilman Hester.

- Yes, there was a consensus.

One thing they did do they waited till the string left and they voted on the C2 with the conditions.

One thing I will love, we limited hours of the self storage.

If we could do that, Mr. Allen.

- [Henderson] No, ma'am, nope, I'm sorry.

- [Allen] The property owner's here, if you give me just one minute to respond to that, if you wouldn't mind on the self-storage question.

Mr. Brock, could you just give me one second?

And Councilman Hester, just so I understood your question clearly, you're asking if we are willing to add self storage as a prohibited use under condition six?

- Limit the hours.

- [Allen] Oh, limit the hours.

- Of operation.

- [Allen] Okay, I'm sorry.

I thought you said limit the use.

- [Speaker 4] Give the question to Mr. Whitener.

- [Allen] That'd be for Mr. Whitener, if you would.

- [Henderson] Councillor Hester?

- Yes, sir.

- [Henderson] Can I make a suggestion that maybe we need a little bit more time to work on this rather than hash it out at this point?

- Yes, sir, that'd be great.

- [Henderson] I'm sorry.

- That'd be great, we can do that.

- [Henderson] Would you like to make a motion to do so?

Motion that we come back in a week on this.

Defer a week.

- Thank you.

Okay, we have a motion on the floor to defer until December the 21st with a proper second.

Okay, I see no other lines.

We have a motion on the floor to defer to the 21st with a proper second.

Any other questions or comments?

Roll call, please.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Councilman Ledford.

- [Ledford] Yes.

- [Speaker 1] Councilman Hester?

- [Hester] Yes.

- [Speaker 1] Councilman Berz?

- [Berz] Yes.

- [Speaker 1] Councilman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Vice chairman Smith?

- [Smith] Yes.

- [Speaker 1] Chairman Henderson?

- Yes.

- [Speaker 1] Nine yeses.

- Motion to defer to the 21st does carry.

6Q, please.

- [Speaker 1] An ordinance to enchantment of the Chattanooga city code part two chapter 38 zoning ordinance, article 16, downtown Chattanooga form-based code division one, introductory provision, section 38, 692 legal requirements by adding a process on amendments and adding new zones to the form-based code.

- Councilwoman Dotley followed by council Ledford.

We have a motion on the floor to approve with a proper second.

Are there any questions or comments on 6Q?

Roll call, please.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Councilman Ledford?

- [Ledford] Yes.

- [Speaker 1] Councilwoman Berz?

- [Berz] Yes.

- [Speaker 1] Councilwoman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilwoman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Vice chairman Smith?

- Yes.

- [Speaker 1] Chairman Henderson?

- Yes.

- [Speaker 1] Eight yeses.

- So moved.

6R, alternate version, madam clerk.

- [Speaker 1] An ordinance to amend Chattanooga city code R2 chapter 38 zoning earning article 16, downtown Chattanooga form-based code division 14, the BN by adding a new zone being riverfront BR12.

- Councilwoman Berz followed by Councilwoman Dotley.

Councilman Dotley?

(indistinct) We have a motion on the floor to approve with a proper second.

Councilman Ledford?

Okay, we have a motion on the floor with a proper second and third.

Is there any questions before we vote?

Roll call please.

- [Speaker 1] Councilwoman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilwoman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilwoman Berz?

- [Berz] Yes.

- [Speaker 1] Councilman Hester?

- [Hester] Yes.

- [Speaker 1] Councilman Ledford?

- [Ledford] Yes.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Vice chairman Smith?

- [Smith] Yes.

- Chairman Henderson.

- Yes.

- Nine yeses.

- Motion to approve the alternate version of 6R carries.

6S alternate version, please.

- An ordinance to amend Chattanooga City code part two chapter 38 zoning ordinance article 16, downtown Chattanooga form-based code division three rules for all zones, section 38, 698, measurement and exceptions division 14, the bin section 38, 759, BCX commercial misuse zone section 38, 760 BPK parks and open space zone.

section 38, 761, new streets, section 38, 762 additional conditions for the BN and section 38, 763 allowed uses.

- Councilwoman Berz?

Your lot was first.

(laughs) Councilwoman Dotley?

We have a motion on the floor to approve with a proper second.

Are there any questions or comments before we vote on 6S alternate version?

Roll call please.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Councilman Ledford?

- [Ledford] Yes.

- [Speaker 1] Councilman Hester?

- [Hester] Yes.

- [Speaker 1] Councilwoman Berz?

- [Berz] Yes.

- [Speaker 1] Councilwoman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilwoman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Vice chairman Smith?

- [Smith] Yes.

- [Speaker 1] Chairman Henderson?

- Yes.

- [Speaker 1] Nine yeses.

- Motion carries.

Now, moving to the zoning request that is now possible since we've passed the last three ordinances.

Madam clerk, 6T please.

- An ordinance to amend Chattanooga city code part two chapter 38 zoning ordinance.

So that's rezoning parts of 1033 and 1067, riverfront Parkway and unaddressed property being taxed map number 145 BA004 and part of the adjacent railroad right away from L1 manufacturing zone, BCX12 part, and BCX 20 being commercial misuse, and BPK park being parks and open space to a BR12 being riverfront zone.

- And just for the record, that was the planning commission version case 2021-0216.

Is the applicant present?

Thank you.

Is there any opposition to this request present?

Councilwoman?

Well, this is Councilwoman Dooley's district, Councilwoman Dotley?

All right, we have a motion on the floor to approve with a proper second, councilwoman Berz?

- [Berz] That has been approved.

- Okay.

All right, very well.

We do have a motion on the floor to approve the planning version, planning commission version of 6T with a proper second.

Any questions or comments before we vote?

Roll call please.

- [Speaker 1] Councilwoman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilwoman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilwoman Berz?

- [Berz] Yes.

- [Speaker 1] Councilman Hester?

- [Hester] Yes.

- [Speaker 1] Councilman Ledford?

- [Ledford] Yes.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Vice chairman Smith?

- [Smith] Yes.

- [Speaker 1] Chairman Henderson?

- Yes.

- [Speaker 1] Nine yeses.

- Motion to approve carries nine/zero.

Moving now into resolutions, Madam clerk.

If there are no objections from the council, would you read six A through E please as a package.

- [Speaker 1] Item A, a resolution authorizing the family justice center to apply for an award accept a grant funded by the Tennessee office of criminal justice to plan and implement an in-person statewide symposium event for Tennessee professionals for a grant period from February, 2022 through June, 2022 for an amount not to exceed $80,000.

Item B, a resolution authorizing the payment of the Tennessee Municipal League TML, membership dues for 2021 through 2022, based upon the city's population as reported with the Tennessee Department of Economic and Community Development, DECD, local planning assistance office certified by the 2020 census and updated by the DECD annually in the amount of $41,616.

Item C, resolution authorizing the Tenneco fire department to apply for and if awarded except the 2021 FEMA assistance to fire fighters grants for the opportunity to purchase an apparatus driver and pump operators simulator for training purposes with the unit cost of equipment, installation, delivery, training, and warranty with the city of Chattanooga and 10% match for awarded funds in the amount of $29,850 for a total amount of $298,500.

Item D, a resolution confirming mayor Kelly's reappointment of Scott McKenzie to a four year term on the board or mechanical examiners.

Item E, a resolution confirming mayor Kelly's reappointment of Adam Verano to the Chattanooga Hamilton county regional planning commission.

- Councilwoman Berz?

- [Berz] Move approval.

We have a motion on the floor to approve items seven A through E will a proper second.

Are there any questions or comments before we vote?

Roll call please.

- [Speaker 1] Councilwoman Coonrod?

- [Coonrod] Yes.

- [Speaker 1] Councilman Byrd?

- [Byrd] Yes.

- [Speaker 1] Councilwoman Dotley?

- [Dotley] Yes.

- [Speaker 1] Councilwoman Berz?

- [Berz] Yes.

- [Speaker 1] Councilman Hester?

- [Hester] Yes.

- [Speaker 1] Councilman Ledford?

- [Ledford] Yes.

- [Speaker 1] Councilwoman Hill?

- [Hill] Yes.

- [Speaker 1] Vice chairman Smith?

- [Smith] Yes.

- [Speaker 1] Chairman Henderson.

- Yes.

- [Speaker 1] Nine yeses.

- Motion to approve carries nine/zero.

- [Speaker 5] I would want to address the council.

- At this time.

Counsel, I am not seeing any hands.

What is your pleasure?

- [Speaker 5] To adjourn.

- So moved, adjourned.

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