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

- Good afternoon, ladies and gentlemen.

- There we go.

Good afternoon, ladies and gentlemen.

Welcome to our Tuesday, March the 8th council agenda session.

And I'll call this meeting to order.

Our pledge of allegiance and invocation this afternoon will be given by the Chair.

So if you would please stand and join me in the pledge of the flag.

- [All] I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, invisible, with Liberty and justice for all.

- We have no special presentations this afternoon.

Could I have a motion on the minutes, please?

- So moved.

- Second.

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

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

I believe the ayes have it.

We have no ordinances on final reading.

We have several planning items this afternoon on first reading.

Councilwoman Coonrod.

- Thank you, Chair.

Could we move?

I would like to ask to move Item I up to the top of the agenda.

- I guess the applicant's coming forward to state their case now?

- That is correct.

And those that are in opposition, if we can meet in the lobby afterwards, I would appreciate the time.

So yes, we are asking this case to be withdrawn.

Thank you.

- Okay.

Council woman Coonrod?

- I wanna honor his request.

I withdraw, move to withdraw.

- Second.

- We have a motion to withdraw, with a proper second.

Any questions are comments before we vote?

All in favor, aye?

- Aye - Any opposed, no?

Motion to withdraw does carry.

All right, moving on, Madam Clerk, to VI(a) at this time.

- An ordnance to amend Chatanooga City Code, Part II chapter 38, Zoning Ordinance.

So as to rezone properties located in the 800 block of Signal Mountain Road and the O-1 off proportion of a property line located in the 100 block of Russell Avenue from R-1 Residential Zone, R-2 Residential Zone, and O-1 Office Zone to R-4 Special Zone.

- I would like to move to approve.

- Second.

- Thank you.

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

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

So moved.

Moving now to VI(b), Madam Clerk.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to lift conditions of #11B and #11C from Ordinance Number 13110, previous case number 2016-0060 from the properties located in the 2300 and 2400 blocks at Elam Lane, and the 2300 through 2500 blocks of Gumbarrel Road, 2321 Lifestyle Way, and 7344 McCutcheon Road.

- Is the case number 2021-0213, is the applicant present?

- Move, motion to table, please.

- Second.

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

Questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

Motion to table does carry.

Thank you, sir.

Moving now to VI(c), please.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to rezone property located at 7503 Igou Gap Road from R-1 Residential Zone to R-T/Z Residential Townhouse/Zero Lot Lines Zone.

- Case 2022-0029, is the applicant present?

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

Is there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

Motion carries.

Madam Clerk, item VI(d), please.

- - An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to lift conditions 1-7 from Ordinance No.

9735 on the property located at 7016 Goodwin Road and an unaddressed property located in the 7600 block of Goodwin Road subject to certain conditions.

- Case 2022-0022, is the applicant present?

Thank you.

Is there any opposition to this case present?

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

Are there questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

So ordered.

Moving now to VI(e), Madam Clerk.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to rezone three unaddressed properties in the 1200 block on North Holtzclaw Avenue from R-4 Special Zone to C-2 Convenience Commercial Zone subject to certain conditions.

- Case 2022-007, is the applicant present?

Thank you.

Is there any opposition to this case present?

- I would like to make a motion to defer this until April 12th, which is the first reading after our next planning and zoning committee meeting.

- Second.

- We have a motion to defer until April the 12th, with a proper second.

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

Motion to defer carries.

Move into VI(f), Madam Clerk.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as the rezone property located at 4000 Tennessee Avenue from R-4 Special Zone and M-1 Manufacturing Zone to UGC, Urban General Commercial Zone, subject to certain conditions.

- Case 2022-0021, is the applicant present?

- Yes.

- Okay, thank you.

Is there any opposition to this case present?

Councilwoman Dotley, I am seeing an applicant present, but no opposition.

- [Dotley] Okay, I move to approve.

- Second.

- Thank you.

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

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

So ordered.

Moving now to VI(g), Madam Clerk, if you would please read the alternate version.

- Yes.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to rezone property located at 2378 Chestnut Street from M-I Manufacturing Zone to UGC Urban General Commercial Zone with a condition.

- Okay, case number 2022-0025, is the applicant present?

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

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

motion to approve does carry.

VI(h), Madam Clerk.

- An ordinance to amend Chatanooga City Code Part II Chapter 38, Zoning Ordinance, so as to rezone property located at 3619 5th Avenue from R-1 Residential Zone to C-5 Neighborhood Commercial Zone.

- Case 2022-0019, is the applicant present?

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

Were there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

So moved.

And we covered VI(i) earlier in the agenda, so that concludes all of our ordinances on first reading, we move now to resolutions under economic development.

Madam Clerk, VII(a), please.

- A resolution concerning Short Term Vacation Rental Application No.

22-STVR-12 for property located at 916 Federal Street.

- Okay, Case 2022-01, is the applicant present?

- Yes, sir.

- Thank you.

Is there any opposition to this case present?

- Yes.

- All right, thank you.

- Good evening, Caleb Fisher, Zoning Inspector, Land Development Office.

This is for Application STVR-22-12 916 Federal Street.

Here, you can see the surrounding area, as well as all the other permitted operations, the purple being non-owner occupied, the green being owner-occupied, the blue in the center being the application in question.

And here you can see just the satellite overhead of the area.

This is the front of the structure, looking from Federal Street, and this is looking down towards Dartmouth, and up the other direction.

This is the timeline of the application, from January 12th, being received, all the way to March 8th today, having the hearing.

They have passed inspection, the sign has been posted, and the letters have been mailed.

- All right.

Councilwoman Hill, any questions for Caleb at this time?

Nope?

Okay.

All right, we will give five minutes for the applicant to present their case, and that will be followed by a total of five minutes for any of the opposition that would like to present their opposition.

- My name is Laurelai Fisher, and I'm the owner of 916 Federal Street, which is a darling 100-year-old bungalow that we have dubbed "Federal Holiday".

Despite being informed by Councilwoman Hill, that if this came to a hearing, my application would indeed be denied, I am here, since this is a hearing, to be heard.

I'll spend this valuable time to state my case.

916 Federal Street is an 1100-square-foot, two-bedroom, one-bath home built in 1920 and renovated for its hundredth birthday over the course of a year by a talented local designer who had to sell it, because their circumstances changed.

Hopefully you can see by the pictures, I've brought some pictures that IT will show, that she a fantastic job honoring the historic nature of the home, and my husband and I contracted to buy it and closed on the sale in early November of 2021.

Having determined that it was exactly what we were looking for as a getaway or a second home for our family, and was squarely also in the STVR overlay, we began furnishing it with carefully curated pieces, which are not only comfortable, but also meaningful, with a nod to its patriotic address and beautiful.

It is meant to be a luxury rental, preserving and honoring the long history of the home, thus enhancing everyone's enjoyment.

Mike and I are from Atlanta.

We have three grown children, one son-in-law, and three granddaughters ages five, four, and one.

Mike is retired from the telecommunications industry, and Laurelai is a realtor in the North Atlanta area.

This would be our first solely owned STVR but as an extended family, we are no strangers to vacation rentals.

We have made this STVR application having complied with all the requirements to do so, and the process was not entered into lightly, and it comes at considerable cost of time and resources.

At this point, we have four letters of objection.

We have attempted to contact each one, each objector personally, with only some degree of success, including inviting all of them to an open house we had held on February 27th, to which none of them accepted our invitation to tour the home or speak to us in person about this.

- [Chair] Our short term vacation rental hearings are five minutes each.

- Oh, sorry.

Okay.

Well, I guess I'll have to stop.

But if I have a time for a rebuttal, that might be great.

- Councilman Hill, any questions for the applicant at this time?

Thank you.

- Tim Osborne, I'm on 1009 Summer Street.

I'll go ahead and take, try to take about a minute with my neighbors here.

We, Ms. Laurelai outlined a lot of our, excuse me, a lot of our objections very well, so you guys just all heard it.

We don't feel like it helps the neighborhood.

We're all, you know, text relationships, looking out for each other.

- Hi, Elaine Clark, I'm at 922 Federal Street.

This is just one of several of these types of letters we've gotten, As a community, as a street, we just objected to one less than six months ago that would've been across the street.

In addition to what they showed previously, the ones that are directly one street over and up.

I checked Airbnb this morning, there are 96 short term rentals available within one of my house.

- My name is Lee Griffith, I'm at 913 Federal, right across the street from the proposed short term vacation rental.

And mostly my concern is also saturation.

We have so many short term vacation rentals already on our street, and those are homes that could be for families, families who want to attend the local schools.

They could be for residents who vote, and who we all worked together a couple years ago to install some speed bumps on Federal Street, and that's just one of the examples of something that if an owner of a short term vacation rental would not necessarily be interested in that, wouldn't see day to day, how that affects our lives or our kids.

- Hi, my name is Victoria Bates, and I live diagonally from the proposed short term rental.

I also live two doors down from one that already exists within 300 feet of me.

I've lived next to one for about three years now, and it's become a regular annoyance in my life.

- All right, okay.

Thank you very much.

Councilwoman Hill?

- Thank you, Chair.

I appreciate all of you being here.

Ms. Fisher and I did speak at length, and I applaud your efforts to reach out to the community.

Consequently, today, I will side with the neighbors who have made this request, and I move to deny this application.

- All right, we have a motion to deny this application with a proper second.

Are there any Questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

Okay, the motion to deny does carry.

Moving now to VII(B), Madam Clerk.

- A resolution concerning Short Term Vacation Rental Application No.

22-STVR-6 for property located at 709 South Holly Street.

- Case number 2022-02, is the applicant present?

Is there any opposition to this case present?

Madam Clerk, let's move on to VII(c).

- A resolution authorizing the Mayor or his designee to collectively with Hamilton County, enter into a lease agreement with the Chattanooga Area Convention & Visitors Bureau, inc., in substantially the form attached, for the lease of the building at 2 Aquarium Way, suite 138, further identified as a portion of Tax Parcel No.

135K-A-001, with the building to be used exclusively for the operation of a Visitor Information Center, for a term of three years, with the option to renew for two additional terms of one year each, at the consideration of $1 per year.

- Councilwoman Dotley.

- Yes, I need to amend this.

- Okay, we need to get it on the floor.

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

Questions of comments before we vote?

All in favor, aye?

- Aye.

- Any opposed, no?

Motion to approve as amended does carry.

Moving now to VII(d), Madam Clerk.

- A resolution confirming mayor Kelly's appointment of Tamara Stewart as Chief Equity Officer.

- Councilwoman Berz, followed by Councilwoman Coonrod.

- Move to approve.

- Second.

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

Are there any questions or comments before we vote?

All in favor, aye?

- Aye.

- Any opposes, no?

So moved.

Ms. Stewart, welcome aboard.

(clapping) Moving now to VII(e).

- A resolution confirm Mayor Kelly's appointment of Tim Moreland as the Administrator for the Department of Innovation, Delivery and Performance.

- We have a motion on the floor to approve the appointment of Mr. Moreland with a proper second.

Are there any questions or comments before we vote?

All right, all in favor, aye?

- Aye.

- Any opposed, no?

Motion to approve does carry.

Welcome aboard, or to your new position, anyway.

(clapping) That brings us to our purchases for this evening.

Now move to other business.

We do have a Certificate of Compliance that we need to deal with this afternoon.

Mr. Attorney?

- Yes, sir.

Your ordinance here requires anyone that submits an application for a liquor license to appear in front of the council.

There is a requirement, at least in your code, that it has to comply with all local ordinances as to the location business.

That was at least stated on the application in this case.

- We have a motion on the floor to deny this Certificate of Compliance with a proper second.

Are there any questions or comments before we vote?

All in favor of the denial, aye?

- [Members] Aye.

- Any opposed, no?

The motion to deny does carry.

Mr. Attorney, we also have an announcement for a Settlement of Claim.

- Yes, sir.

We have, at least at this point in time, have a settlement to recommend in the amount of $36,000 in connection with a claim by Ms. Deondra Jackson for an automobile accident.

We would recommend that settlement based upon their attorneys on the other side and a negotiation which has occurred.

- Any objections to this settlement?

Mr. Attorney, I am not hearing any.

- All right.

- All right, now we move to one of the most interesting items on our agenda that I've had in my eight years of being on this council, and that's replacing a councilperson.

And I'm sure that's why many of you are here this afternoon.

Council, I am not seeing any other lights.

Could I have a motion to close.

- Move to close nomination.

- Second.

- All right, we have a motion to close nominations with a proper second.

Without objections, the floor is closed for nominations.

Madam Clerk, would you please read the list at this time, of qualified nominees?

- Marvene Noel, Mallory Marsh, Mike Feely, Harold Burke, Armand Wine.

- Council, you have heard the list of qualified nominees.

I will ask the Clerk to do a roll call.

You will voice the name of your preference at this time.

- [Clerk] I have four votes for Marvene Noel, two votes for Armand Wine.

And we also have one vote for Mr. Feely.

- I'm sorry.

- [Clerk] We do have one vote for Mr. Feely.

- We will repeat the process with Armand Wine and Marvene Noel.

- That's six votes for Ms. Noel.

- Ms. Noel, where are you?

(clapping) - Oh my God!

Okay, gimme a second.

(laughs) Thank you all so much for believing in me, and giving me an opportunity to bring my love and my heart for my community, to the city council family so that we all can work together and make things better.

I really appreciate it.

So I'm looking forward to learning a lot, I'm looking forward to being able to bring a lot to you all as well.

I see there's humor here, and I love humor.

That's a good thing.

Need that humor every now and then, don't have to always be so stiff-neck, I guess.

But I'm looking forward to working with all the neighborhoods in District 8.

And seeing what all we can do.

I mean, I think we're gonna do an amazing, an amazing.

A fabulous, that's my favorite word.

A fabulous job.

And thank you all for again, for trusting me.

- [Chair] Absolutely.

Congratulations.

- Yeah.

- We have Ms. Judge Sherry Paty here, and she's gonna administer the Oath of Office to you at this time, and then we're gonna ask you to take a seat up here in the District 8 spot.

- Oh, okay.

(laughs) - And then you get to hear public comments with the rest of us.

- Oh yeah!

(laughing) - Right, if you will raise your right hand and repeat after me.

I, Marvine Noel.

- I, Marvine Noel, - Do solemnly swear, - Do solemnly swear, - That I will support the constitution, - That I will support the constitution - Of the United States of America, - Of United States of America, - And the constitution, - And the constitution, - Of the state of Tennessee, - Of the state of Tennessee, - And that I will faithfully, - That I will faithfully, - Uprightly, - Uprightly, - And honestly, - And honestly, - Demean myself, - Demean myself, - As a council person, - As a council person, - Of the City of Chattanooga, - Of the city of Chattanooga, - Tennessee, - Tennessee, - During my continuance in office, - During my continuance in office, - That I possess all the qualifications, - That I possess all the qualifications, - That I am free, - That I am free - From all of the disqualifications, - All of the disqualifications - Prescribed by the Charter - Prescribed by the Charter - Of the city - Of the city - for the office of council person, - For the office of council person, - And that I will, - And that I will, - Without fear, - without fear, - Partiality, - Partiality, - Or favor, - Or favor, - Faithfully discharge, - Faithfully discharge, - And perform all of the duties, - And perform all the duties, - That may be prescribed, - That may be prescribed, - By law, - By law, - Upon me, - Upon me, - As a councilperson of the city, - As a councilperson of the city, - Or as may be required, - Or as may be required, - By any ordinance, - By any ordinance, - Or resolution, - Or resolution, - Of the City Council, - Of the City Council, - Of the city of Chattanooga, Tennessee, - Of the city of Chattanooga, Tennessee, - So help me, God.

- So help me, God.

- Congratulations.

- Thank you.

(clapping) - All right, now we come to the time that we recognize persons wishing to address the council this afternoon.

Do we have anybody that would like to address the council this afternoon?

- Good afternoon, and giving praises of God.

And to this one, let me tell you all, I am Liz Heston.

Love, you might remember from the Austin Park precinct, well, I really held things down for 54 years.

I was the Chairman and then things were good.

Let me tell you what one of you, what the problem with us now.

The police used to go into the neighborhood and talk to the people, and communicate with the people.

They don't do that anymore.

And now if you call the police over two times on one night, they get upset, because they can't find how a person broke in your house or why, they ask you, what do they expect a woman to do when they need to get out and look for the self?

Oh, we gonna have the protection on your house, and all like that.

But where are they?

You never see 'em.

And then they come back and break into the house, the same thing.

In other word, what the problem is, the lack of communication with the people and the police department, and with you all.

We used to come down here every Tuesday, and communicate.

Tell what was problem, and things would be done.

We need to get better communication with each other.

That's what the problem is.

And I know a lot about it.

And if anybody can tell you how about what to take, I ran Austin Park Precinct, baby.

You couldn't tell who was gonna the chief of police or nothing until my precinct came in, 'cause we had communication.

I sent the children to Florida, had the police take the elder people to get the check cash, to the groceries store, and so, we don't have any communication anymore.

That's what the problem is.

I am now the vice chairman of my precinct.

Every time that sound the door open, anytime somebody got a problem just about in their community, there I am.

That's the way we need to get back together, with communication.

Tell the people on Tuesday to come down, voice their opinion to you all about the problem.

You all voice your opinion with the police and the mayor, and get them together, and the city will run better.

- Council, I'm not seeing anyone else that would like to address the council.

What's your pleasure?

So moved.

(gavel banging) (upbeat music) - [Narrator] You've been watching highlights of the Chattanooga City Council meeting, a production of WTCI, PBS.