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

(upbeat orchestra music) (gavel bangs softly) - Good afternoon, ladies and gentlemen, welcome to our Tuesday, February the 15th City Council Meeting.

And I'll call this meeting to order.

Moving now to ordinances.

First reading, Madam Clerk, 6A please.

- [Clerk] An ordinance amending Chattanooga City Code, Part II, Chapter 2 by adding Article IX, Chattanooga Department of Early Learning.

- Councilwoman Hill.

- [Councilwoman Hill] Move to approve.

- [Council Member] Second.

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

Any questions or comments before we vote?

All in favor, aye.

- [Council] Aye.

- Any opposed, no.

Motion carries.

Moving now to planning.

Madam Clerk, 6B, please.

- [Clerk] An ordinance to amend Chattanooga City Code Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at 2,700 Oak Street from R-1 residential zone to O-1 office zone, subject to certain conditions.

- Case number 2021-0224, is the applicant present?

- [Harry Cash] The applicant's here.

- All right hold on, hold on one second, sir.

- [Harry Cash] Thank you.

- Is there any opposition to this request present?

Alright, thank you.

Councilwoman Coonrod, I'm seeing an applicant and some opposition present.

Would you like a brief presentation from staff?

- [Councilwoman Coonrod] Yes, a brief presentation.

- Okay.

- Good evening, I'd given a presentation on this previously, but I will just touch on the high points, which is on the next slide here.

This property is at 2700 Oak Street.

The request is to rezone from R-1 to R-4 special zone.

This was first heard at Planning Commission in December, excuse me, heard at Planning Commission in December.

It is for a single family residential and telemedicine office.

Staff and Planning Commission found that the rezoning request was compatible with the adopted Area 3 Plan development form and adjacent land uses of the area.

However, staff and Planning Commission recommended denying the R-4 special zone and approving the O-1 office zone with conditions.

The O-1 zone is more appropriate at this location, as the zone permits lower intensity uses that are supported by the plan.

So there are three conditions and those conditions are recommended to ensure compatibility with the adjacent residential uses and development form and shown there on the screen.

And I'm happy to answer any questions or go into greater detail.

- [Chairman] Any questions of staff at this point?

(council member grunts in disagreement) Okay.

All right, the applicant will be given seven minutes with a two minute rebuttal.

And then opposition will be given a total of nine minutes.

If you would give us your name.

- Thank you, my name is Harry Cash.

I'm here for the applicant.

We were here back, I think, on January the 11th.

So I'll be somewhat brief, there are other people who want to speak in support of the application.

As Ms. Rennick said, this was an application by Phoenix Rising Properties LLC, to rezone the property at 2700 Oak Street from R-1 to R-4.

RPA recommended for denial of the R-4 rezoning, but recommended approval of O-1 office zone with certain restrictions, certain conditions.

Those conditions are agreeable to the applicant.

They want the O-1 zoning, they're agreeable to the requested conditions.

Presently, the property is used as a telemedicine business.

There are no customers or patients who come to the business.

It's all done via internet or remotely.

It's not, unfortunately, under the zoning ordinance, it can't be a home occupation because there are employees who come and work there.

They don't park on the property.

They park at the First Lutheran Church parking lot.

The property's been used as a business for at least 14 years.

Historically, there has been a whole lot more traffic than what the current property owners use.

We think it'd be a benefit to the neighborhood for the property, for this business to be able to stay there.

The residents love the home.

They bought it for their home and they wanna stay there.

We have a letters of support from a number of residents and a signed statement from Jewel Jackson, Diane Meadows, Dr. Oland Ivy, Tommy Dylan and Donald Standifer, Sandefur, excuse me, all of whom live in the neighborhood and want to, do support the rezoning.

I would like for Angie Nichols to come forward and speak to you briefly.

- Hello and I'd like to thank the council members for your time and attention.

- [Chairman] Could you state your name for the record please?

- Oh, yes, I am Angie Nichols.

And I would like to thank you all for your time and attention to the rezoning of 2700 Oak Street, which is also our home, from R-1 to O-1.

My husband is Dr. Keith Nichols.

He is a medical doctor, board certified in physical medicine and rehabilitation.

I am a registered nurse and we both work together in our preventive medicine practice.

In December of 2018, the growth of our practice made it necessary to relocate near an airport.

We visited Nashville and Chattanooga, but were won over by the progressive nature of Chattanooga, the opportunity for outdoor activities and the innovative Chamber of Commerce.

So by 2019, we had moved into an office space in Hixson.

We had three exam rooms, several offices and a waiting room.

Shortly after our relocation, COVID hit, and the face of medicine was forever changed.

Many businesses did not survive.

One of Dr. Nichols' favorite quotes is, "it's not the strongest that survive, but those best able to adapt."

When COVID forced the shutdown of travel and many businesses, we decided to combine our residence and our office in order to survive.

Ryan May helped us find the beautiful historic home in the Glenwood neighborhood.

The home had been home to businesses for over 20 years, and we made an offer, which was accepted, and the process of relocation began.

We sold our exam tables and all of our equipment that we were no longer using since patients did not come to see us in person.

Since that time, our practice has operated purely via telemedicine.

There are no patients that come to our office and we see patients presently from all across the United States and abroad.

This is now our home.

When we moved into the property, we rented parking space from the church behind us so that we wouldn't cause a disturbance on the street and not to block the beautiful view of the home.

We did not put up a sign in the yard because this is our home.

And we don't have people that come there.

We fenced in the backyard for our dogs.

We renovated the garage into a home gym because, again, we live here and we would like to be able to continue living and working in the residence in the neighborhood that we have grown to love.

Thank you.

(man speaking away from mic) - [Chairman] You're speaking in favor, ma'am?

- I am.

- [Chairman] Okay, just give us your name, please.

- My name is Barbara Storm and my sister and I, Maggie Armstrong, lived at 2700 Oak Street for, I think.

it's 17 years.

And I'm here just to attest to the fact that that has been a busy home.

As one of the larger homes in the neighborhood, it's been a gathering place for lots of different things.

When we first got the home, we renovated it completely and we're very proud of it.

We've had Christmas parties, continuing the tradition of the Haddocks, who owned the house previously, having 100 or 150 people at Christmas parties, it's always been a gathering place.

It was the gathering place for the Glenwood Neighborhood Association.

And my sister is really into antiques and she had done some yard sales that turned into maybe more often every weekend type sales.

We also had a catering business.

Because it was such a great house for entertaining, we also allowed it to be a place for people, other than people that were our friends, to come in and do some, it was a venue for birthday parties and anniversaries and things like that.

So it has been a place that has gathered a lot of people for many, many years.

And I think it would do nothing but improve the neighborhood to continue this business as it is right now.

Thank you and appreciate your time.

- [Chairman] Thank you.

- Well, given the time, I do want to point out, we have Donald Sandefur who is here.

He is a 50 year resident of Glenwood neighborhood.

He'd like to say a few words.

- [Chairman] You've got about 20 seconds.

- 20 seconds and enough has been said, and I'm mainly here to say that I've been in the neighborhood for 50 years.

I've said this before, and I've watched the evolution of it, of this neighborhood.

One of the top things that we are getting ready to do along with this family is a blood drive.

I'll be bringing that back to your attention.

So they will be an asset to our neighborhood.

Thank you.

(timer beeping softly) - [Chairman] All right.

The opposition will be afforded nine minutes.

Is there anyone here in opposition that would like to come forward and speak?

And if you would just give us your name, please.

- My name is Jackie Thomas and I am a resident of Glenwood Neighborhood Association, as well as Glenwood.

I am here in opposition of this, as you've heard them say, Glenwood has been a sustainable neighborhood for quite a long time.

And it is because of the residents that have been there.

Yes, this house is, has been used for entertainment by the people that live there.

It has not been a business for the last 14 to 17 years because Glenwood opposed Ms. Barbara who was just up above here when she originally tried to rezone it.

Because Glenwood has continued to try to preserve our neighborhood and keep our neighborhood residential.

It's multiple types of residential there.

You have R-2, we have apartments, as well as we have had to share our neighborhood with the hospitals that are on the opposite side of that home that she's referring to.

And that encroachment has caused a lot of our Glenwood homes to be torn down and knocked down.

And to stop that encroachment, we have continuously tried to stop and prevent rezoning.

They talk about the plan that was created for Ridge.

We also participated in those plans, maybe not every day, but we, I didn't participate in each one, but during those planning sessions, we specifically made sure and always asked and requested that Glenwood remain residential.

When they talk about illegal businesses, that they may have been having there, that's exactly what they were.

There has not been a legal business in that home, never, it's always been residential.

So to stand here and say, is that they want to be good neighbors, even after this meeting that we had in January, they were not very good neighbors when we went outside.

They were not very good neighbors to Billy who opposed them.

So I don't feel that they would be very good neighbors.

It's a control issue, but for us, it's not about a control issue, it's about a preservation issue.

We want to preserve Glenwood.

We want to say what we desire in our neighborhood and not because Ms. Barbara has sold her a piece of property in which they misled them, as far as what they could utilize it for, when they truly knew that they could not utilize it for a business because it's never been a business.

Have they had yard sales there?

Yes, they have.

She had them, I don't know, but she's had some, where she sold stuff out of her garage.

Have we had Glenwood neighborhood meetings there?

Yes, we have.

We've had them at her home in that same garage, but we've had them in other people's homes as well.

COVID made a turn where we normally had an office up at the recreation center.

We have an office.

Glenwood is one of the very few neighborhoods and communities that actually work with our community on the preservation.

We work with the center.

And we actually had an office with a computer, with a desk.

We were one of the very few.

So to say that we are not good neighbors, it's just not true because we have consistently been good neighbors to the hospitals and to everyone else that surrounds us.

But we would like to preserve our community.

We ask this City Council to allow us to do that.

Neighborhoods are changing around our area, that's fine.

But if you notice one thing in Glenwood, we don't have a lot of vacant lots.

The only vacant lots we have are the ones that were torn down from the hospital, in which they have grown their businesses.

We want to stop that.

We don't wanna go across Glenwood Drive.

Once again, starting, it's always a piece by piece, one house at a time, one thing at a time.

And we want to preserve that.

Are there a lot of Glenwood people that are against this?

Sure, they are.

But if you know Glenwood, you know it's an elderly neighborhood.

They're not able to come in here, due to COVID and to whatever reasons as well, but they would like to preserve it because they fought so hard on the sustainability of residential housing in Glenwood.

When they talk about being a good neighbor, you would think, they say they live there, their dogs are there, but their Christmas lights are still up.

All of the lights are still up in that neighborhood.

Be neighborly, it's February.

So where are we when we comes to making our neighborhood being, enhancing our neighborhood?

Those that have stood here that have said they are for this, they are for it, because they have financial gain.

They're going to support somebody's 501C for Thanksgiving baskets or Christmas baskets, as they told us.

We're more than that.

We're more, we're worth, our neighborhood is worth more than those monetary things.

We created parks in our neighborhood to give us greenery space.

We've done quite a bit to preserve Glenwood.

And also some of the people that they're saying, they signed the form, the paper, Mr. Dylan was here last week and he, last month, and he indicated to me, Jackie, I signed it because they said they just wanna have like we have, an office in our home.

Meaning just, I turned my bedroom into office where I'm doing my work.

That's what they thought they were signing.

They were not agreeing to what they're indicating they were agreeing to.

So I think there's been a lot of misleading the City Council.

And I still ask and would like to say, please preserve our neighborhood.

Allow us to have the decision making factor in that, because that's what we want to preserve.

And that's what we ask that you do.

Allow Glenwood to be the community jewel in which we have rose from the ashes.

Because if you know Glenwood, you know we've rose from the ashe.

And now we have everybody coming in wanting to change that.

And we asked that you do not allow them to change that.

Thank you, sorry for talking so fast.

Are there any questions for me?

- [Chairman] Counselor Coonrod, I'm not seeing any questions, okay, thank you.

- Okay, oh, I'm sorry, Billy.

- You're okay.

Hello, I'm Billy Reynolds.

I spoke to you all last month.

I just wanted to remind of just the scalability.

So we can have exceptions where we rezone houses to offices, but I would just remind through the Historic River-to-Ridge Area 3 Plan, by and large, the public, and I had sent this information to you, to all of you, City Council members, but by and large people said they wanted to preserve affordable housing and preserve Glenwood and single family residential.

So we can have exceptions where we do this, but to what extent is it scalable?

And if we do it, you know, if we do it here, we certainly can't do it with all of them, you know, I mean, if there are many of them.

So I would just remind you all about scalability and exceptions.

You know, if we do it here, you know, where do we draw the line of where we don't do it?

Because public input, by and large, as I shared with you, people do want and need affordable housing and they want to preserve Glenwood and they want to preserve single family residential.

So thank you for your time and consideration.

- All right, opposition, you have about two minutes left.

Anyone else in opposition that would like to speak Very well.

Mr. Cash applicant has a two minute rebuttal.

Mr. Atif, if you give us two minutes on the clock, please.

- Thank you.

First of all, I wanna be sure that it's clear that the reason that the O-1 with conditions was approved by RPA is because they found that O-1 complies with the Area 3 Historic River-to-Ridge Area and is compatible with adjacent land uses.

The site is surrounded by a mix of uses, including office, institutional, multifamily, and two family residential.

The proposal to use the property for residential and office use is compatible with the adjacent uses.

And I'm sorry, we didn't have time for Dr. Oland Ivy to speak, but he sent, I think all of you all a letter, where he pointed out that 2700 Oak Street is right next to First Lutheran Church with its large parking lot and all the trappings that go with the church, including a sanctuary, educational rooms, office, fellowship hall, et cetera.

2700 Oak Street is not a part of quote Historic Glenwood.

It occupies a little space on the northwest section of Glenwood.

The change in rezoning will not endanger the rest of Glenwood in any way.

And I also would like, for the record, to present copies of letters that we have presented.

I think you all may have already seen them, but they include the statement.

As a member of the Glenwood neighborhood, I support the rezoning of 2700 Oak Street, Chattanooga Tennessee.

And it's signed by five members of the Homeowners Association.

Dr. Nichols is here.

- [Keith Nichols] How do you do?

I'm Keith Nichols, Dr. Nichols, nice to meet you, men and women.

We moved to Glenwood because we love Chattanooga.

We love the historic home.

We've renovated it since we've been there.

And in December and during Thanksgiving, we donated to 10 needy families that were in need of food.

(timer beeps softly) In Christmas we- - Dr. Nichols, I'm gonna have to ask you to stop right there.

- [Keith Nichols] Okay.

- We're just allowing a two minute rebuttal at this point.

Thank you.

- [Harry Cash] May I submit these?

- You just leave them there on the dais, please.

- [Harry Cash] Well, thank you.

- Councilwoman Coonrod?

- Thank you, chair.

I move to table until we can get through the process of the rezoning, taking a look at it, the new zoning codes.

So I move to table.

- [Council Member] Second.

- All right, we have a motion on the floor to table with a proper second.

Were there any questions or comments before we vote?

This is a motion to table.

Okay, all in favor, aye.

- [Council] Aye.

- Any opposed, no.

Motion to table does carry.

We move now to resolutions.

Madam Clerk, 7A please.

- [Clerk] A resolution authorizing the Office of Community Health to apply to serve as host site for a Centers for Disease Controlled, CDC, funded public health professional field position assigned for two years.

- Councilwoman Berz - [Councilwoman Berz] Move to approve.

- [Council Member] Second.

- All right, we have a motion on the floor to approve with a proper second.

Questions or comments before we vote?

All in favor, aye.

- [Council] Aye.

- Any opposed, no.

So moved.

All right, Madam clerk, 7B, please.

- [Clerk] A resolution confirming Mayor Kelly's appointment of Anthony Byrd as the City Court Clerk.

- Councilman Ledford.

- [Councilman Ledford] Mr. Chairman with great pleasure, I would like to move to approve this confirmation.

(Anthony laughs softly) You thought something else, Anthony?

I'm not gonna do that to you.

- All right, we have a motion on the floor to approve Councilman Byrd's appointment to the City Court Clerk with a proper second.

Were there any questions or comments before we vote?

All in favor, aye.

- [Council] Aye.

- Any opposed, no.

And the motion to approve does carry.

Councilman Byrd, stand up.

(audience clapping loudly) - Wow, I love you guys so much.

I just don't know what to say.

I don't want to cry, but it's a bittersweet situation.

I know I wouldn't be a councilman if it wasn't for, you know, a guy I met named Ken Smith that talked to me and mentored me and made sure that I stayed on my game.

And I just wanna appreciate you guys so much.

And my brother, Darrin, just thank you for all you done for my community and came through, thank you.

I mean, words can't explain.

People don't know the work that you put in, you know, and you was like, it's nobody's business.

I want to help, Byrd, and you did it.

Chip, when he came to Avondale, you said, Byrd, we gonna get these houses and stuff.

We're gonna make sure people come and fix on these people's houses, man, and you did it.

You know, people don't know these stories, you know, they don't know that you guys are humans.

They don't know, they see us go through these formalities and they think that, you know, you're machines, but you're not.

You're human beings that love people and people don't understand that.

And they come down here and they beat up on you and they point the finger.

I remember one time, Chip, I think you told me it's easier to critique the game in the stands, than out there on the field when you're playing football.

Like you could sit up in the stands and say so many things.

The quarterback should have done this.

They should have done that.

But wait until you get in the game.

And I know whoever fills this seat is gonna be in the game.

They got a lot of, some shoes to fill because my community District 8 is made up of so many different people.

The richest of the rich, the poorest of the poor.

But I know you guys love people.

And Jenny, Isiah, Raquetta, I know we are just not getting together, but I see the passion that you guys have.

And I see the love that you have for this community.

And I'm just so happy and blessed to be a part of you guys' team and just, I'm gonna miss you.

Councilwoman Coonrod, thanks for the push.

You my girl, I love you to death, thank you so much.

And Ms. Berz, Carol, thank you for loving on my family.

I know my mom is in your district and my family is here now, mom, my sister, my dad.

- [Chairman] Have your family stand up.

- Family, would you all stand up, and friends?

My boss, Vince Dean, who is always my mentor and took care of me from day one.

I love you guys so much.

Malerie, Carletha.

Like, it's just amazing.

So this is my family.

And thanks to Vince because, I had to leave my job to become a councilman.

And Vince told me once you get things worked out, son, don't worry about anything.

You're gonna come, you can come back.

And he welcomed me back with open arms.

Him and his wife have just been a second family to me, man.

I love you guys so much.

I'mma keep you in my prayers and I'mma be here fighting with you.

Thank you so much.

Love is love.

(Chip laughing softly) (audience clapping loudly) - Congratulations, councilman - [Councilman Byrd] Thank you.

- Or Mr.

Clerk, I guess it is now.

All right, Madam Clerk, 7C, please.

- [Clerk] A resolution declaring the current City Council seat for District 8 previously held by Councilman Anthony Byrd to be open and vacant so that the City Council may appoint a successor pursuant to the City Charter and directing the Hamilton County Election Commission to place qualified applicants for the City Council seat for District 8 on the ballot for the August 4th, 2022 general election and need for a special run-off election to be held on September 15th, 2022.

- Councilwoman Berz.

- [Councilwoman Berz] Move to approve.

- [Council Member] Second.

- We have a motion on the floor to approve item 7C with a proper second.

Were there any questions or comments before we vote?

All in favor, aye.

- [Council] Aye.

- Any opposed, no.

So moved.

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