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

(bright pop music) (gavel banging) - Good afternoon, ladies and gentlemen, welcome to our Tuesday, July the 13th City Council Agenda.

I now call this meeting to order.

We have no ordinances on the final reading this afternoon, so we will move right into ordinances on the first reading.

Now 6F please.

- An ordinance to amend Chattanooga City Code Part 2 Chapter 38, zoning ordinance, so as to rezone properties located at 114 and 300 McBrien Road together with an unaddressed property located in the Fifth 300 block of Lin Lynch terrace from R-1 residential zone to R-3 residences on subject term conditions.

- Is the applicant for this zoning request present?

Okay.

Is there any opposition to this zoning request present?

Okay.

Councilwoman Berz, I do think this is in your district.

You want to hit your light?

- I was going to hear them first but I'll hit my light.

- Do you want to hear the case?

- So, I have one question, I'd like to hear the applicant and then I want to ask him, so yes, I don't need a full case, alright?

- Okay.

We'll hear from the applicant and then the opposition will have time for rebuttal.

Go ahead.

Hold on one second.

- Sure.

- Would you give us seven minutes on the clock, please?

- I'm Ethan Collier and I'm the applicant.

In short, we've got this property where the B'Nai Zion Synagogue is and I intend to develop it with a residential community.

We've got plans to build 25 single-family detached houses on the property.

And due to some unique characteristics of the site, we have to build a common private drive to access the property.

And in order to do that, we would prefer to develop the property using the horizontal property regime.

And in order to develop inside the city under horizontal property regime, we have to have an R-3 zone to do it.

So, while it is single-family detached and the houses are separated by 10, 12 feet and looks just like a normal neighborhood, we need the R-3 zone in order to do that.

- Mr. Bridger, I didn't see the final print out of everything.

Did you add the conditions?

- I can note that- - If you can read them and make sure Mr. Collier agrees to them, which we've already talked about on record.

- It's the total number of units is not to exceed 25 and no more than one unit per structure.

- Right, yeah.

- We would agree with that.

- Single Family.

- That's right.

And did you want to do a condition in regards to the color of the front doors?

- I can't hear you.

- Did you want to do any conditions in regards to the color of the front doors?

- Yes sir, I want the multi-colored because the ones in red bank are just boring.

- Yeah, I would agree.

Can y'all handle that?

- But we did have some people, we have a gentleman here that is concerned about traffic and about some other things I believe.

And so I would love to hear from him as well, please.

- Sure.

- Mr. Collier, you will have a two-minute rebuttal at the end if you'd like, okay.

Any opposition to this zoning request, come forward at this time and you will have a total of nine minutes.

So let's try to get, yeah, there we go.

- Yes, my name is Tom Rose and I live at 16 McBrian road, which is a block away from this development.

I really don't have any opposition to the development unto itself.

What concerns me is the traffic on McBrian road.

I've been in touch with Dr. Berz several times about potholes on this particular road.

And at the corner of Hazelwood and McBrian, they've repaired the potholes since 2007.

And in the process it's made it just really bumpy and anytime a tractor trailer, a truck with ladders, anything like that passes over these bumps, it sounds like a percussion section in a band.

And if I'm sitting on my back patio and with company, you hear all of this clingity clang and I am frankly fed up with it.

And I can't get anything out of her or the previous mayor or the new mayor.

I've invited him to come over and help me fill the holes, since that was one of his big to dos.

And that was almost a month ago.

And I have yet to hear from anyone.

- Councilwoman Berz, you'd like to follow up?

- Yeah, Mr. Rhodes, he's absolutely correct.

He's a regular.

Sends to me regular messages about the potholes and they are forwarded to our traffic department and he has not had satisfaction yet.

And I wish he'd been here earlier today because the city was presenting, the chief of staff was presenting the fact that there are, (Berz coughing) excuse me, a lot of problems with potholes and that's one of the things we have to do.

I can't personally fill potholes.

I'm not as good as the mayor at filling potholes.

However, that is something, all kidding aside, that is a shame and it needs to be fixed and you're absolutely right.

And hopefully you're getting here, including the many emails that have been sent on your behalf by me will get some action.

'Cause all the people that are the action people are sitting right behind you, okay?

And they're hearing that and what I heard, make sure I'm correct, I don't want to really, I don't want to misstate anything.

You're not against the development.

- No.

- That's what I thought but you're saying the road is in terrible shape and something needs to be done 'cause it could make it worse.

- Because you're going to have added traffic on the road.

And I frankly don't know that I could stand much more noise from those bumps there at that corner.

And I proposed to Tim Kelly that I pay for the repair and then deduct it from my tax bill.

- And the answer was?

- I haven't heard from him.

- I think you deserve an answer.

Hey Brent, is Brent here?

Afterwards, I know you don't fill potholes either but what he's saying, all kidding aside is really true.

And the man has over and over again asked to please have this stuff fixed and it's done with a wink and a promise and he's the mayor's chief of staff.

So if you can have the proper conversation and get the action you want, as far as the roads are concerned, which by the way is righteous action, you're absolutely correct.

You don't have any opposition.

Okay, that's all I wanted to hear.

Thank you for being here.

- Thank you.

- Okay.

- Mr. Collier, you would like to have two minutes of rebuttal?

- A little bit of good news.

Churches don't pay property tax and we will with 25 new houses, so maybe just a portion of that could go to fix our road on McBrian road.

So there will be a little bit extra revenue as a result of the development, so maybe that'll help.

- I think it's a great development.

And if there's no further discussion, I want to move approval.

- Seconded.

- Alright, we have a motion on the floor to approve for the proper second.

Any questions or comments before we take a vote?

- Chair, just to be clear for those two conditions noted.

- Yeah, I think they were all great too.

I just didn't know where they were separate.

(faintly speaking) - Okay, we're good, Mr. Bridger?

- Yes, sir.

- Okay.

The motion on the floor is to approve with a proper second.

Madam clerk, roll call please.

- Councilwoman Hill?

- Yes.

- Councilman Ledford?

- Yes.

- Councilman Hester?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Coonrod?

- Yes.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Nine yeses.

- So moved.

6H please.

- An ordinance to amend Chattanooga City Code Part Two Chapter 38 zoning ordinance, so as to rezone properties located at 1401, 1403 and 1407 East 48th street from R-1 residential zone to C-2 convenience commercial zone, subject to term conditions.

- Alright, is the applicant for this zoning request present?

Is there any opposition to this zoning request present?

Councilwoman Dotley.

- McCall could you read the certain conditions?

- Sure, I'd be happy to.

- Oh, I'm sorry, John.

We supposed to read their conditions.

- Alright, subject to the condition that it shall be used for all street parking, single family, residential or institutional uses only.

- Okay, thank you so much, I just want that on a record, I move to approve.

- Seconded.

- Okay, we have a motion on the floor to approve item 6H with a proper second.

Questions or comments before we vote?

Roll call please.

- Councilwoman Hill?

- Yes.

- Councilman Ledford?

- Yes.

- Councilman Hester?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Coonrod?

- Yes.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Nine yeses.

- So moved.

Madam clerk, 6J please.

- An ordinance to amend Chattanooga City Code Part Two Chapter 38, zoning ordinance so as a rezone property located at 1813 East Fourth street from R-1 residential zone to R-2 residential zone.

- Is the applicant for this request present?

Alright.

Is there any opposition to this zoning request present?

Seen, no opposition.

Councilman Byrd, I think this is in your district.

- Yes sir.

- Much pleasures.

- Okay, thank you, sir.

I have received several messages overwhelmingly to that the community would like for me to deny this request.

And with that, I could hear from this, we can hear from the applicant but this is something that the community does not want, but if they're... - Sure, I think it'd be proper to at least hear from the applicant.

- Yes.

- Alright, would the applicant come forward?

You'll be given a total of nine minutes.

I don't remember seeing any opposition present this afternoon if that's okay with the council.

Well, I'll tell you what, let's stop at seven minutes and just check again.

- Sure thing.

- Alright, go ahead.

- Yep, my name is Joshua Lag and that's my wife, Hannah and we live right around the street at Orchard Knob.

We're on actually Willow street, at the corner of Fifth and Willow.

And we picked up this fire damaged duplex that was on the MLS at the beginning of this year.

And it has two meters, 1500 square feet on both sides.

It's split down the middle and it's a large home, four beds and two baths on each side.

And it's currently set up as a duplex, it has the meters and everything.

And so that was our first thought was to make the cost of renovating the property more feasible, that we would maintain a duplex.

And because of the purchase price of the property and the cost of the renovations, the final product was going to make most sense to remain as a duplex.

And surprisingly enough, we did get a lot of traffic coming by the neighborhood.

We love the neighborhood and the community has been amazing.

And that's what's a surprise.

Most of the people that we've been talking to have been really into the idea of making it more affordable to as a rental property to keep it a duplex.

And so that was our initial intent.

And due to the, I guess the city guidelines of a vacancy for a hundred days may being down zone, that's really where we got in into this situation.

And I will add that the back of the house has ample parking.

There's a big parking pad in the back and off street parking is incredible.

I mean, it's got the entire East Fourth street doesn't have any houses on one side, it's all Orchard Knob.

So it's got plenty of parking and I will say we have a very thorough process for approving tenants and usually are able to give opportunities to the best candidates for the neighborhood.

So we believe that we would do the right thing for the neighborhood.

It's our neighborhood too and that's what we're out for.

- I understand.

Thank you, sir.

- Let me just check once again.

Is there any opposition here tonight to this zoning request by show of hands?

Okay, Mr. Lag, I am not seeing any opposition.

Would you like to use your remaining two minutes?

- I think that's everything we had to say.

- Okay.

- Thank you.

- Alright, thank you, sir.

Any questions for the applicant?

- No, not for the applicant.

I understand.

- Councilwoman Coonrod?

Okay.

Thank you, sir.

- Thank you.

- Councilman Byrd.

- Yes, Mr. Bridger, I don't know if the city attorney may be camped out with this.

If I have this community is very vocal.

I don't know if the young man, I definitely understand what you're all talking about.

And I know it falls into the river to ridge plan but this community is very vocal and they elected me to speak on their behalf when they can't be here.

And I've received several emails and phone calls to say that this is to be a denied situation.

But to ask you if this situation is denied, how will he be?

Will he be able to bring it back at any time to try it again?

- There's a year, isn't that correct?

You have nine months before you can reapply to resume.

- Reapply to resume?.

- Yep.

- Okay and just at this point, I have to speak for the community and I have to move to deny.

- Okay, hold on one second.

We do have Councilwoman Coonrod has her light on.

- Thank you, Chair.

John, does it comply with the R-3 plans?

- Yes ma'am, recommends mixed residential for that block.

- Some concerns and I always been championing to fight about having affordable housing.

To me it seems like having a duplex two size will consider affordable housing but is there another property coming up that's on East Fourth street?

- Not that I'm aware of, another zoning case?

- That was another property when they was saying they applying for a setback.

That's coming up.

- Not that I'm aware of.

Could be a board of zoning appeals.

- Okay.

- You good councilwoman?

Okay, let me go ahead and clear up the lights.

- Clear.

- We do have a motion on the floor to deny this request.

Councilwoman Berz.

- Thank you, Mr.

Chair.

Am I incorrect in thinking that it doesn't have to be 10, nine months if counsel waves that?

- I'm not sure about that.

I know basically it could be withdrawn, which means there's no timeline but I'm not aware that council, I prefer to see attorney on that.

I'm not aware 'cause it's an ordinance created by city council.

It'll almost take another ordinance amendment to shorten that time.

The only other solution I can think of if was withdrawn, then it could be brought back up.

- Okay, well that might accomplish the same thing I believe and I'd have to check the law on that.

But I think we'll look at that other thing but councilman, I know you're uncomfortable about this and you want to represent your people well.

So you had a reason for asking do we have to wait?

How long do we have to wait?

And I wonder if he's thought about withdrawing.

- Okay.

- So you asking if the councilman has thought about withdrawing or the applicant?

(fainting speaking) We'll circle back around councilman.

Councilman Ledford.

- Thank you, Chairman.

John, I've got a couple of questions.

Number one, this used to have R-2 zoning but because of the fire, it lost it because of not being connected to power to EPB.

- In terms of being a ground follower to use, yes.

- Okay but it did it originally started and it has been converted or now stands as an R-2, design or duplex.

- Structure, yeah, I'll call it a duplex.

- Okay, here is where we get into some conversation.

We talk about affordable housing, housing opportunities and now we're going to deny it because?

That's my question.

If it goes back and it doesn't get the R-2 status and stays as a single family home, then that means it will probably have to undergo extensive renovations to turn it back into a large single family home with an incredible price tag.

Incredible price tag, if this house is as big as what I'm hearing.

That's going to cause the neighborhood some issues on a different front.

So I'm trying to figure out, are we for affordable housing and opportunities or we for expensive housing?

That's where I'm kind of drawing the line on this one.

Thank you.

Chair.

- Councilman Byrd.

- Thank you, chair.

Well, let me explain a little bit as well so that my colleagues can understand.

Orchard Knob is a very influential area, one of the last probably influential predominantly African-American communities.

All of these houses up here are very large, in scales of very historical neighborhood as well.

This community fights with AirBnBs taking over their community.

They fight with UTC turning a lot of their communities into frat houses.

And so the fight that they put up is to say, "Hey, we want to keep these single family homes because we want to protect that property values.

We want to protect our community and wanna protect the historical value of this community as well."

And so when they called and reached out to me and said these things, they were like, "Councilman, this is one of the neighborhoods that we want to secure and make sure that we keep it on this R-1 level because we worked so hard to keep it this way.

And we worked so hard to keep the legacy for our children as well."

So that's why they asked me to make sure that I denied this and move forward from there.

So, here you go.

- Okay, I see no other lights.

We do have a motion on the floor to deny.

Do I have a second?

- Second.

- Okay, we have a motion on the floor to deny with a proper second.

Questions or comments before we vote?

Roll call please.

- Councilwoman Hill?

- Yes.

- Councilman Ledford?

- Yes.

- Councilman Hester?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Coonrod?

- No.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Seven yeses.

- Motion to deny does carry.

Council, that takes us through all of our ordinances on first reading.

We now move to resolutions.

I have next 7C, the mayor's office.

- Yes.

7C, a resolution confirming the member's appointment of Anthony Simons as the administrator of community development.

- Councilman Ledford.

- Mr. Chairman with great pleasure, I move to approve.

- Councilman Berz.

- Seconded.

- Okay, we have a motion on the floor to approve Mr. Simons as our new administrator of community development with a proper second.

Any questions or comments before we vote?

Roll call please.

- Councilwoman Hill?

- Yes.

- Councilman Ledford?

- Yes.

- Councilman Hester?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Coonrod?

- Yes.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Nine yeses.

- The motion to approve does carry, nine zero.

Congratulations, Mr. Simons, welcome aboard.

(members clapping) Well, in your new role.

You've been aboard for a long time, haven't you?

(chairman laughing) Alright, madam clerk, 7D please.

- A resolution confirming the members' appointment of Chris Anderson as the administrator of innovation delivery and performance.

- I have no lights.

(members laughing) (chairman laughing) Councilwoman Berz.

- Move to adjourn.

(members laughing) - Councilman Ledford's next.

Councilman Ledford.

- I'll yield to the second.

- Vice chair Smith.

- Thank you, Mr.

Chair, I second.

- Okay, we have a motion on the floor to approve Mr. Anderson as the new administrator of innovation and delivery performance with a proper second.

Any questions or comments before we vote?

Roll call, please.

- Councilwoman Coonrod?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilman Hester?

- Yes.

- Councilman Ledford?

- Yes.

- Councilwoman Hill?

- Yes.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Nine yeses.

- Congratulations.

Mr. Anderson, welcome aboard.

(members clapping) Moving now to purchases council.

If you'll pull this evening's purchase item out, miss Julia?

No?

Chief's going to do it today?

- Looks like you're stuck with me tonight, she's lost her voice.

- I would rather have her without her voice, thank you.

(members laughing) - I don't disagree.

(chairman laughing) - Go ahead.

- Alright, Mr. Chairman, council, we have one purchase tonight.

This is the first of two renewals for a blanket contract for personal protective safety equipment.

This renewal will have a price increase of 9.8% on certain lines as listed.

And the total annual cost estimate is $40,000.

- Alright, council, you heard tonight's purchase item.

What is the pleasure?

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

Questions or comments before we vote?

Roll call please.

- Councilwoman Coonrod?

- Yes.

- Councilman Byrd?

- Yes.

- Councilwoman Dotley?

- Yes.

- Councilwoman Berz?

- Yes.

- Councilman Hester?

- Yes.

- Councilman Ledford?

- Yes.

- Councilwoman Hill?

- Yes.

- Vice chairman Smith?

- Yes.

- Chairman Henderson?

- Yes.

- Nine yeses.

- The I's have.

It was a pleasure.

(faintly speaking) (gavel banging) We are adjourned.

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