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

(upbeat music) - All right, good afternoon, everyone.

Welcome to our July 12th city council agenda meeting.

We do apologize for the temperature in here.

Our system is on the fritz, as you can probably tell.

So we will speak quickly this afternoon.

We do not have any special presentations this evening.

Can I get a motion on our minutes?

- Do we have a motion for the minutes?

I do hear a second without objections the minutes will stand.

Ordinances on final reading this evening.

Madam Clerk under finance Item A.

- An ordinance to amend Chattanooga City code Part II, chapter Two, sections 2-549, 2-551 and 2-552 regarding council approval not required for expenditures, not exceeding $50,000 approval of expenditures exceeding $50,000.

And when bids are required and spending will be approved annually prior to passage of the budget.

- Dr. Berz- - [Dr. Berz] Second.

- I have a motion and I have a second.

Questions, comments before we vote.

All in favor say aye.

- [Council Members] Aye.

- Opposed, motion carries.

Madam Clerk under Parks and Public Works Item B please.

- An ordinance closing and abandoning the right of way located in the 1600 block Brown Street as detailed on the attached amount subject to certain conditions.

- I do hear a motion to approve, I do hear a second.

Questions, comments before we vote.

All in favor say aye.

- [Council Members] Aye.

- Opposed, item carries.

Madam Clerk, Item C please.

- An ordinance closing and partially abandoning the right of way located in the 1600 block of East 28th Street as detailed on the attached map subject to certain conditions.

- I do have a motion to approve, I do hear a second.

Questions, comments before we vote.

All in favor say aye.

- [Council Members] Aye.

- Opposed.

Madam Clerk, Item D. - An ordinance closing and abandoning a portion of the right of way located in the 1600 block of Belmont Avenue, as detailed on the attached map subject to certain conditions.

- Do hear a motion to approve.

I do have a second.

Questions, comments before we vote.

All in favor say aye.

- [Council Members] Aye.

- Opposed, motion carries.

- Good evening council, my name is Alan Jones with Asa Engineering over at 714 Cherry Street.

So I'm working with both the property owner for this site.

They're motivated to sell the site, it's under contract with the developer who would like to build town homes for this site.

When we looked at the design for this site, I was trying to be very mindful with the Twin Brook neighborhood that's behind this property.

That's why we kind of left a, what I would call a pretty good buffer space between the town homes and the single family homes.

As said in the introduction, there was no opposition at Planning Commission, but I did get wind that the folks at Twin Brook did have some concerns.

So a few weeks ago I did hold a neighborhood meeting at Mr. Hughes house.

Great, great host, so thank you.

And at the meeting, we talked about potential conditions that might help ease or offset some of their concerns.

I initially came in with the proposal for a 30 foot undisturbed buffer.

And during the discussions they asked, hey, could we do a 40 foot buffer?

And then also talked about having a six foot privacy fence.

And they asked if we could do a 10 foot fence.

I told 'em I couldn't make that promise.

I would go back to the developer and see if that was something they could commit to.

In addition to that, one of the requests from the neighbors was to restrict the homes that were limited to the four units and limiting those two stories in height instead of that two and a half stories that's allowed.

So that was one of the other asks of the neighborhood that we were able to incorporate into the proposed conditions.

The only other, one of the neighbors passed around an email the other day, questioning where the actual boundary line is gonna be with most of the rezoning cases that I bring before you we use the GIS data that's available 'cause most developers aren't gonna go through the survey process and cost from a rezoning perspective.

But once this property, if this rezoning moves forward and the property is sold then we'll have a survey completed.

And the survey of those boundary lines will use deeds and plats that are recorded with Hamilton County to establish exactly where those buffer lines are.

And this 30 foot buffer and fence will be established from the actual survey lines and not from the GIS lines.

- All right, thank you so much.

You still have three minutes, you good?

Are you good?

- I'm good.

- Councilman Ledford.

- Thank you, Madam Chair.

Alan, the property as it is zoned now, there is no buffer.

- That's correct, right now it's zoned R1.

- So, right now it's property line to property line- - [Alan] Correct- - With no landscape buffer?

Okay, so you're adding in, am I correct?

- [Alan] 30 extra feet.

- 30 feet onto basically someone else's property you're adding 30 feet?

- [Alan] Correct.

- And a landscape buffer and then a fence.

- [Alan] That's correct.

- And 20 feet of that is undisturbed.

- [Alan] Correct.

- So under its current zoning, I always like to make sure I understand this, under its current zoning, you could take out all the trees and nothing would be there.

- [Alan] Absolutely.

- Okay, that's better than what you have.

Tell me why you would, city standards for not going above six feet on a fence?

- [Alan] So-- - I don't think we have any 10 foot walls-- - Right, yeah.

- In District 4, but-- - I'm not familiar-- - Just tell me why.

- I'm not familiar with any 10 foot.

So really it comes down to when you look at the city code for a fence, once you get over six feet it requires a whole separate permit.

And those permits require every single footer to be inspected by the city.

And it just adds a whole nother level of cost and regulation that just kind of makes it really a little more challenging.

- Okay, and the last question on this condition is if it were, at it's currently zone, you could build two and a half story homes.

- It's two and a half storeys or 35 feet.

- Or 35 feet that's where I was going.

So 35 feet.

And how far off would that be from the neighboring property line, 25 feet?

- So right now we've got the homes, I have a dimension, what the 30 foot buffer in the homes are showing as 25, about 25 feet.

So the homes are, the back of the home is about 55 feet from the property line- - Okay, so from a neighboring perspective, as it's zoned today, trees get removed completely and I'm staring into with no fence, staring into the back of someone's house at 25 feet.

- Yes, currently the current setback is 25 Feet.

- I just think that's good to understand in context and you've met and I know you and I have spoken or emailed and I've asked you to go and meet and I think you've done that.

So now you're providing these conditions and I appreciate what you've done.

You've created a tremendous amount of barrier, and I think that respects the wishes.

So I'll-- - That's all the questions I have for you right now.

- Council members thank you for the opportunity to speak with you.

I'm just one of several members, I don't wanna burn through the nine minutes in case somebody else-- - Sir, can you tell us who you are, I'm sorry.

- I'm William Sanders.

I live at 7468 Twin Brook Drive with my family.

We're looking at a house of cards here.

The boundary is wrong.

They're going by and I think what the zoning commission looked at and what you're looking at today is a boundary that existed in 1970 something when our subdivision was built.

There's a legal doctrine of boundary by acquiescence, acquiescence, I'm sorry, and that has taken effect and it has moved the property line.

Someone has come through our backyards and found the original property line and they marked it.

If that person was a real estate professional, they were on constructive notice that that is no longer the boundary line and it hasn't been for decades.

They've actually been put on actual notice.

Now their solution is a survey.

Well, a surveyor is gonna mark the original line or he's gonna follow the instructions he's given to mark a new line.

Now whoever came through and identified the original boundary could see that that was no longer the boundary.

But for some reason, the planning commission was not told that.

And I don't think y'all have been told that tonight.

The solution would be a boundary agreement between the owners, get the owners to come out there and by agreement recognize where the current line is.

That would be one solution.

And if that fails, then the solution would be going into chance report in Hamilton County and let the chancellor tell us where the property line is.

So I would ask you to continue this matter for six months.

So we can actually determine where the property line is, 'cause everything is based on a property line.

30 foot buffer sounds great to me, but it's not a 30 foot buffer it's a 44 foot trespass and encroachment on my property, 44 feet beyond the original property line.

- So you took 44 feet at some point and made it yours.

- My predecessor of title did that.

Boundary by acquiescence is similar to adverse possession, how actually it doesn't provide doesn't require as much.

But it's basically a concept of you can't sleep on your rights.

It's sort of like a statute of limitations.

A person owns a piece of property, a neighbor encroaches on it for 20, 30, 40 years.

- [Chairman] It becomes theirs.

- It becomes theirs, exactly.

- [Chairman] With no objection.

- Right, right and there's been none.

I've known of none up to this date.

- This has been a wooded lot for quite some time, who would know that?

- The owner is responsible for knowing and protecting his rights.

The court would not allow him to sleep on his rights.

He's on constructive notice because it's happened and it's open and obvious.

- Here's what I'm gonna do because this is way too complicated.

I'm not going six months, I think that's unfair.

I'm gonna go for a one week deferral for you to talk with the property owner and see if you can work out some sort of agreement because you've had 60 days to reach and come through Planning Commission and here we are tonight and this is a very unique situation where people have taken land that did not belong to them and then claiming they own it.

And then someone who, it's just, it's very complexing.

I've never heard of this yet in all my cases.

So I'm gonna make a motion to defer for one week and see if we can't get some better answers with you working with either your attorney and or the landowner/applicant.

Motion to defer one week.

- Second.

- All right.

All right the motion has been properly moved and seconded.

Are you ready to vote?

All those in favor say aye.

- [Council Members] Aye.

- Nay say sound right.

Motion passed.

- Clerk if you can read Item G. - Case number 2022-0133, an ordinance to amend Chattanooga City code Part II, Chapter 38, Zoning Ordinance, so as to rezone properties located at 1248, 1259 and 1281 Lester Lane from R2 residential zone and C-5 Neighborhood Commercial Zone with conditions to C-2 Convenience Commercial Zone subject certain conditions.

- Clerk, could you read Item H. - Case number 2022-0135, an ordinance to amend Chattanooga City code Part II, Chapter 38, Zoning Ordinance.

So that's to rezone properties located at 1413 North Concord Road in 6906, 6931, 6957 and two unaddressed parcels in the 6900 block, a concord circle from R1 residential zone R3 residential zone and R4 special zone with conditions to C-2 Convenience Commercial Zone subject certain conditions.

- Right, is the applicant present?

Any opposition present?

- Yes sir, thank you.

So Mike Price MAP engineers, just for the record.

The hope is that there can be additional parcels that can be added to the current configuration to incorporate a larger design in development.

But we are currently still in the process of working through that with those property owners.

So we find that condition number one would be problematic as it relates to sort of the overall plan.

If we're able to be successful with gathering those other properties and even if we're not, we still think it's a little overly restrictive and sort of ties our hand.

So we're fine with conditions two and three, it's just condition one.

- Okay, and I'm gonna tend to agree with you in looking at the overall site plan in the use.

So I'm gonna make a motion to approve removing condition one and that is my motion.

- Second.

- Okay, it's been properly moved an seconded.

Are the comments or question before the vote?

All those in favor say aye.

- [Council Members] Aye.

- Nayers can sound right, motion passed.

- Under Economic Development, Item B.

- A resolution considering short term vacation rental application number 22-STVR-123 for property located at 705 North Holly Street.

- This is in District 8.

And is the applicant present?

Councilman no, I'm actually seeing no applicant.

Is there opposition present?

I do see opposition.

- My name is Gerald Dean Henley, owner of 702 North Highland Park in Bush town, District 8.

I am in opposition of the Airbnb at 705 North Holly Street, 37,404.

From my understanding, there is a permitted non-owner occupied operation at 601 North Highland Park Avenue and one at 622 North Highland Park Avenue that's operating as an Airbnb.

The neighborhood doesn't need another Airbnb because it brings no value or benefits.

I am concerned about the homeowner's property value and who's being brought into the community.

Also, I'm concerned about the gatherings in the front yard, the noise, the increase in traffic and parking.

I was born and raised in Bush Town.

My daughters also grew up in Bush Town because that's where my parents lived.

Okay, I have witnessed how much the neighborhood has improved over the years.

New homes have been built and people have been proud to make this neighborhood their place to live and raise a family and call it home.

I didn't realize by speaking up about the Airbnb, I would be harassed by the owner of the property.

The first time this young man came to my resident, he asked me why I opposed Airbnb on Holly Street.

He already knew because he had my letter, the letter I wrote to the city in his hand, but I proceeded to tell him why I was in opposition.

He wouldn't take no for an answer.

That's when I found out he was the owner of the property.

He insist, I signed a letter he wrote recanting my letter, but I refused.

He told me everyone else had recant their letter and I was the only one left.

I told him, let me pray over it and asked him for his information, I gave him my phone number.

I immediately went and spoke to the other people who wrote opposition letters to let them know I had a visit, visitor from the owner.

I was informed he approached them the week before, out of the six letters, four including myself, stood by our decisions.

We were told only traveling nurses will be on the property, and that was among some more untruthful things.

When he came to my house again, telling me I have to recant my letter, I let him know I had spoken to the others in opposition and heard what all he had said.

I told him not to ever show up at my house again.

No one should ever have to feel intimidated.

I'm asking that his application be rejected for the Airbnb at 705 North Holly Street, Chattanooga, Tennessee 37404.

Thank you.

- Thank you, and I do wanna say I'm sorry that you have been harassed.

That's unacceptable on every level.

- [Gerald] Thank you.

- So, I spoke with three of the other individuals that were in opposition so I make a motion to deny.

- I have a motion to deny with a second.

Questions, comments before we vote.

All in favor say aye.

- [Council Members] Aye.

- Opposed, item is denied.

Okay, moving on to purchases this evening, Mr. Goldberg, you've been at that microphone all day.

- Yes sir.

And now we only have 21 purchases.

- 21 purchases?

- Yeah.

I'll go as fast as possible.

(indistinct chatter) Yeah, you just want me to hand 'em to you and leave.

All right, you ready Mr. Chairman?

- [Chairman] Fire away, sir.

- All right, street maintenance division of Public Works has nine purchases.

First is the second final renewal of two contracts for concrete, Ready Mix USA submitted 19% price increase at the time of renewal for annual amount not to exceed 300,000.

T&T Concrete submitted a 10.2% price increase the time of renewal for an annual amount not to exceed 150,000.

The next three items are from finance.

First we have a new blanket contract for summer camp for children with disabilities.

This is a sole source procurement from Signal Centers Inc.

This will be a four year contract with an annual amount not to exceed 40,000.

Item 18, new blanket contract for Urban Design Services.

This is a sole source procurement from Chattanooga Design Studio.

This will be a one year contract with an amount not to exceed 125,000.

Number 19 new blanket contract for recording, editing and broadcasting the weekly highlights of the Chattanooga City Council meetings.

This is a sole source procurement from WTCI PBS.

This will be a one year contract with an amount not to exceed 80,000.

Next from the fleet management division in Public Works.

We have a renewal of a contract for Harley-Davidson motorcycle service and repairs.

White lightning Harley-Davidson submitted a 26% price increase for certain lines with an amount not to exceed, annual amount not to exceed 25,000.

And finally with early learning, we have a new blanket contract for janitorial services for Head Start Centers.

Seven bids were received and the award goes to T & T Cleaning LLC.

This will be a four year contract with an annual amount not to exceed 125,000.

- Very good, I have a motion to approve.

I do have a second.

Questions, comments on purchases this evening before we vote?

All those in favor say aye.

- [Council Members] Aye.

- Opposed, purchases carry.

We have two RFPs this evening.

- Yes Mr. Chairman, we are requesting approval to issue RFPs, not approval to awarding contracts at this time.

Now these are both from the Regional Planning Agency seeking professional services from a multidisciplinary team, including land use planners, transportation planners, and engineers, to provide a general vision and guide for future development.

The approach and scope is more important than price.

Therefore, an RFP is necessary.

The first RFP is for six area plans within the city of Chattanooga.

And the second RFP is for four area plans within unincorporated Hamilton County.

- Very good and this afternoon in our agenda session, Mr. Roy did give us an overview on the specifications for the two RFPs.

If I can get a motion.

- Approve.

- I have a motion to approve the RFPs.

I do have a second.

Questions, comment before we vote.

All those in favors say aye.

- [Council Members] Aye.

- Opposed, item carries.

- Thank you.

- Thank you Mr. Goldberg.

Now moving into committee reports, Councilwoman Coonrod.

- Thank you chair, today we had a Economic Development Committee on (indistinct) and also we discussed the stadium and we're scheduled to have a follow up Economic Development Committee meeting on July the 19th.

- Councilman Henderson.

- Thank you, Mr.

Chair.

Dr. Ledford, you were telling me that we were getting some nurses to put into our community centers.

Can give us an update on that?

And I know one of them was particularly the Brainerd Direct Center because I had asked about that.

- Good evening, yes that is correct.

We actually have hired our lead nurse navigator.

We have the first registered nurse navigator for Chattanooga assigned to four of the community centers.

The next one to be staffed is Brainerd.

We actually have a line on an individual who's applying who will be a great asset to that community.

And what we're doing right now is assigning a registered nurse navigator to the community centers for a nurse health clinic, for vaccinations, referral to needed primary healthcare services and other needs, blood pressure checks, that kind of thing.

So we're real pleased with that.

The community seems to be receiving really well, but Brainerd is the next center, the next hire.

One of her assignments will be, his or her assignments will be the Brainerd center.

- [Chairman] Okay and do we anticipate a timeline there?

What could we expect?

- I am working with human resources, with respect to getting the paperwork, the application processed into our office, to my office so that we can interview that individual and get that person on board.

The sooner we can get 'em the better, we are so anxious to have the person on board.

- [Chairman] So all the paperwork's in process.

It's just a matter of working through that and getting this person hired?

- Yes.

- [Chairman] Thank you ma'am.

- You're welcome.

- And that will move us into recognitions of persons wishing to address the council this evening.

If it's about the heat, we get it.

We're working on it.

But anyone wishing to address the council tonight, please come forward and while you do Madam Attorney, will you please read the rules of the council please.

Evening, sir.

- Mr. Boston, I'm no stranger to see the council.

I'm no stranger to Chattanooga, Tennessee.

Do y'all wanna see Chattanooga safer or do y'all wanna see it corrupt?

Right now, Chattanooga is one of the four (indistinct) cities in the world.

How I know that, I own Allstar Bonding Company.

I deal with the shooters, I did with the murders before the police get them, before the investigation, they come see me first.

I'm the one bundling down, I'm the one talking to 'em.

I'm the one who walks the neighborhoods with no guns, get respect.

We gotta take this thing seriously.

Crime is up in my city.

The organizations y'all giving the money to don't go out in the streets like I do.

Don't see the gang bangers.

Don't see the drug dealers.

They my friends, my classmates, my family members.

I fight hard for my city.

I don't have no problem with the city 'cause you know what?

If y'all gonna play this game, y'all gonna make the city worse and worse because the people that's getting the money can't go in the community like I can to my people.

And I demand the city council to take this stuff serious.

I had a cousin that died, (indistinct) lounge.

I'm in Nashville doing a party.

My uncle Tony called me, his granddaughter got killed.

Enough is enough, the same people getting the same money and nothing happening in my streets.

My streets, the police department can't do it by theyself.

Gonna take the community to do it.

I got people willing to work, but they ain't getting paid no money.

So why should they wanna work?

And I ain't gonna let 'em work.

'Cause the same people keep getting no money they can't do nothing about it, the streets.

I'm a street dude.

Born in the street, I'm a love of God, I love y'all.

I just want my city to feel safe.

Every day I see criminals.

I deal with this 22 years, I'm at the jail every day.

I'm in the court system every day.

Somebody get shot, my phone ring two or three o'clock in the morning.

Somebody get stabbed I get the phone call.

You can ask any preacher in the city leading the city, they know who I am.

But I ain't no uncle Tom and I ain't no groupie.

I'm self-made I got my own money and I don't want nothing, but I just want y'all to do stuff decent in order, do right and go back and look at this budget that y'all have passed and giving free money away.

The people that's got this stuff going on, they not doing nothing for my community.

'Cause we not gonna let 'em in our community 'cause we don't like phony people in our community.

Please help us, that's all I'm asking.

And each one of y'all gotta come up for a reelection again here, let's do this thing right.

I'm Mr. Boston, okay?

And y'all gonna watch my radio station Saturday from 12:01.

Y'all know I'll be talking about it some more, thank you.

- Thank you.

Anybody else wishing to a address counsel this evening?

If not, I will entertain a motion to adjourn.

- Adjourn.

- We are adjourned.

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