(upbeat, festive synthesizer and bass guitar music) - [Announcer] You're watching highlights of the Chattanooga City Council meeting, a production of WTCI PBS.

(upbeat, festive synthesizer and bass guitar music) - [Chip] All right, we're gonna ask Councilman Ledford if he would come and he has a special proclamation.

(microphone reverbs loudly) Special proclamation for us, this afternoon.

- [Darrin] Chairman, thank you for the opportunity to address the council.

I would like to express a very warm welcome to our honored guests, our former elected officials, current elected officials, and especially the Eaves Family.

If you're able and a member of the Eaves Family, would you please stand?

That's a great representation.

Thank you so much.

(audience and council members applaud) Chairman, Mayor Kelly, Mayor Kinsey, Council, and I'll add in Larry Henry, our circuit court clerk, and family members of Don Eaves.

It is an honor tonight to present this gesture of gratitude to the family of Councilman Don Eaves.

I sincerely appreciate Mayor Kelly, Mayor Carpenter, the city council and the county commission coming together in this presentation tonight.

And I found it very special the overwhelming desire, in expressing their combined respect for Don.

County Commission Chair Sabrena Smedley couldn't be with us this evening, but she called me and asked me to share her heartfelt appreciation for Don and his service in her absence, and on behalf of the county commission.

Councilman Eaves was the first city council representative for the East Brainerd area under the reorganization of city government, and served in that role for 12 years.

He worked tirelessly on the city council to benefit East Brainerd and our city as a whole.

One of his most focused efforts is now East Brainerd's most treasured public asset, and would have never come to fruition without his effort and leadership.

The Heritage House, which is now named in his honor, will soon proudly show this display, remembering him.

I had the pleasure to sit down with Don in the Heritage House, listening intently to his stories.

And if you knew Don, you knew there was a story.

He told me about working with the council, told me about working with Mayor Kinsey, told me about working with Jerry Mitchell, in parks and recreations and overcoming multiple hurdles.

But Don's vision and his direction were clear.

His mission unmoved.

He told me about living on the old Henshaw Estate where the Heritage House sits along with the park, and playing in Mackey Branch as a child.

He was deeply connected to his community, and thankfully he served it well.

His passion for Chattanooga, its people and his family, is a shining example for all to emulate.

And therefore, we humbly pay our respects with the following proclamation.

(rustles papers) Whereas, Don Eaves served on the Chattanooga City Council for 12 years as the councilman representing East Brainerd.

During that time, he served as vice chairman from 1992 to 1993, and chairman from 1993 to 1995.

And whereas, Don was born in Chattanooga on June 11th, 1930, and departed this life on October 20th, 2021 at the age of 91.

He was a loving husband, father, grandfather, and lifelong resident of Chattanooga.

And whereas, Don was a veteran of the United States Army, and served during the Korean War.

He owned an electrical supply company for many years, and was involved in many organizations throughout his lifetime, including the Masons, the Kiwanis, the Elks Lodge.

And whereas, Don was known for telling funny stories, and tall tales, but he was also known as Mr. Lincoln for dramatically bringing history to life as President Abraham Lincoln for classrooms and organizations.

And whereas, as a boy, Don grew up roaming the Henshaw Family estate in East Brainerd.

As a council person in 2000, he was instrumental in the city's acquisition of the 21-acre estate, which officially opened in 2003 as Heritage Park at East Brainerd and Jenkins roads, thus solidifying his passion for the beauty and nature in the heart of East Brainerd.

Whereas in 2021, the Chattanooga City Council re-recognized the renaming of the Heritage House Arts and Civic Center to the city of Chattanooga, to the Don Eaves Heritage House Arts and Civic Center, city of Chattanooga.

Now, therefore we, Tim Kelly, Mayor of Chattanooga, Tennessee, Jim Coppinger, Mayor of Hamilton County, Tennessee, Darrin Ledford, district four councilman, the Chattanooga City Council, and the Hamilton County Commission do hereby honor the memory of former Councilman Don Eaves.

And ask all residents to join in us with us in celebrating his profound accomplishments, and shining example of service to his community.

In witness whereof, we have here onto set our hands, and caused the seals of Chattanooga and Hamilton county to be affixed this 30th day of November, 2021.

- [Chip] Thank you, Councilman Ledford.

Members of City Council, Mayor Kinsey, and to Mr. Eaves' friends and family here tonight, I want to say thank you for being here, and all you've done to make this possible.

Councilman Eaves represented the East Brainerd community for over 12 years as Councilman Ledford said, and his commitment to his community demonstrated that he was a true public servant in the best tradition of public service.

This entire park and the renaming of Heritage House after Don is a great example of our city council, and the mayor's office working together to do something that will benefit the entire community.

And that's exactly the same approach we're taking every day in the administration.

There's a tremendous amount of power in public collaboration and our vision for one Chattanooga stands on the shoulders of council members like Don Eaves and Mayor Kinsey.

We've had a long history of collaborating in the spirit of civic pride in Chattanooga, and I'm proud to be doing my part to continue that legacy.

So I'm proud to partner with the city council each and every day to make this community better.

And that's exactly the kind of leadership that Don Eaves demonstrated in his years of public service and community involvement.

So thank you again for being here.

Thank you, Councilman Ledford for taking the initiative in this regard.

And again, thanks for being here to recognize such a great leader in our community, and to honor his legacy in a way that will hopefully be around for many, many generations to come.

Thank you much.

Mayor Kinsey?

- [Jon] Mayor Kelly, Councilman Ledford, and all the other members of the city council.

First of all, I want to thank you for your service.

It's a better city and we're gonna continue to move forward because of the great work that you're gonna be doing.

When Councilman Ledford called me and asked me if I would come say a few words about Councilman Eaves, I was really honored to be able to do so.

It was a real pleasure and honor to serve with Don Eaves.

To give you, and I'm gonna be brief, but a little bit of history.

We did a 10-year recreate 2008 in 1908, I mean, in 1998, it was a 10-year plan.

Jerry Mitchell, your former colleague was the citizen chairman of the public input process.

And we ended up doing a lot of parks throughout the city, including Coolidge Park, and three swimming pool recreation centers that are still in operation.

And when I talked to the different council people about what we were planning, Councilman Eaves, he was often funny, but he wasn't funny with me when we talked about it initially.

He said, "You know, we don't have a park in East Brainerd, and we need something out there."

And so through his, you know, he and I worked together to find the right location.

And I think it has become a real home run, not only for that part of town, but for the entire city.

That would not have been here except for the work and support of Councilman Eaves.

So to the family, a wonderful man, and a great leader for the city, thank you.

- [Councilman Ledford] At this time I want to remind everybody, this is a example up front.

This is the plaque that will be on the Heritage House, now renamed the Don Eaves Heritage House.

And it'll be beautiful, and I'm very excited to finish it, it's in production now, and get it installed.

And we will contact the family when that time is ready.

At this time, can I get someone from the Eaves Family, or all of you, if you'd like, to come and accept this proclamation with our most deepest respects?

- [Don's Daughter] I'd like to say, thank you for this special honor for Dad, for my mom and all the Eaves Family here.

He worked hard for this Heritage House to get it there in East Brainerd.

He enjoyed his years of service on the city council.

He had an audience (laughs) and he loved it.

I'd like to say thank you.

We're already missing his stories.

Thank you.

(audience applauds) - [Chip] Moving now to 6A, Madam Clerk?

- [Clerk] An ordinance to amend Chattanooga City Code part two, chapter 38 zoning ordinance.

So that's the property is located at 5116, 5120, and 5134 Highway 58, and several unaddressed tracks, 120 ND 012, 014, 015, 016, and 018, of land in the 5100 block of Highway 58 from C5 neighborhood commercial zone to C2 convenience commercial zone, subject to certain conditions.

- [Chip] Case 2021-0169, is the applicant present?

Thank you.

Is there any opposition to this case present?

Would you raise your hand?

Thank you, okay.

Councilman Hester, I'm seeing an applicant and opposition.

What is your pleasure, sir?

Would you like to have a presentation?

And if not, I do need to allow the applicant his time, as well as the opposition.

(Councilman speaks faintly) Okay, all right.

Applicant, if you would come forward, and you will be given seven minutes with a two-minute rebuttal.

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

- [Alan] Well, good afternoon, or good evening, Council.

My name is Alan Jones with ASA Engineering.

If need be at the end I can give a quick recap of this rezoning case, that we were here three weeks ago.

And at that time, this council deferred, or voted to defer this case three weeks to give me an opportunity to meet with the neighbors of Mimosa Circle.

So after last meeting I did briefly speak with three of the neighbors that were here.

We had a short conversation.

But essentially, at the end of our conversation they asked me to email them a list of what is allowable in the C2 zone.

And then so in addition to that I asked if they would review the list, and let me know if there were certain uses within the C2 zone that they would not want in their backyard.

'Cause I kind of got the sense that was what was driving this.

There's uncertainty in the C2 zone.

We are proposing self storage and, a boat facility, or a boat, sorry I lost words.

Dealership, thank you, a boat dealership.

Those are the two uses that we're looking at using for this property, which C2 is the only zone that would afford that use.

Currently, the property is zoned C5, which does have commercial opportunities in there.

So I asked them just to review the C2 list, and let me know what uses they would not like to have, whether it's restaurants, bars, hotels, motels, those kind of things.

And then asked them if they would let me know what time I could come and meet them, so we could have a sit down, and kind of talk through what their concerns are.

Unfortunately, I was never afforded an opportunity to meet with these gentlemen.

I did get a call from Mr. Noble yesterday, and I believe he's here, yeah.

I did get a call from him yesterday, and him, he talked with Mr. Freeman, who is kind of the, he's the appointed head of the neighborhood in that community.

I was told that they just don't want the rezone done, period.

So unfortunately, I didn't have an opportunity to sit down with them.

I tried to explain in the email the differences between C5 and C2.

'Cause at the end of the day they're both commercial activities, but we're looking at just different uses.

The set back requirements from C5 to C2 are the same, a 25-foot building set back.

They both require a 20-foot landscape buffer.

The four conditions that we proposed to be added to this property, to provide additional protections on the single family residence that we're backing up to, was to not allow any commercial billboards, open air markets, or any adult-oriented establishments.

We would provide a 40-foot landscape buffer, not the 20-foot.

And of that 40 feet, 30 feet of that landscape buffer will be untouched, ungraded.

'Cause there's a large stand of mature trees that we would like to keep there.

And so in addition to that we'll do a 40-foot landscape buffer.

Condition three was to provide a six-foot privacy fence in addition to the 40-foot landscape buffer.

Another safeguard between this commercial property and the residence.

And then a standard condition that we usually put on most of our commercial properties, is to have all lighting pointed away from the neighbors.

Since I didn't really have a chance to meet with the neighbors, I would like to enter in a condition five, which I would hope would register with the concerns that they have, in that no liquor stores, bars, motels and hotels, billard rooms and theaters will be allowed.

So that would be another condition I would like to offer as a consideration for this rezone from a commercial C5 to commercial C2.

And a few other things I just tried to point out to the neighbors is the entrance to this proposed development is about 1,000 feet north of their development.

There are three existing commercial properties along Highway 58 between our two entrances.

And I get it, those commercial developments are not the best example of being a good neighbor.

But we have no control over those.

And so I don't know if that is something that is registering with them, is we don't want this in our backyard.

I wouldn't want that, either.

But we're not proposing to put trash in their backyard.

We're looking at putting in good quality development.

And the other thing is, the self storage use, I would argue that self storage is a neighborhood commercial use.

It's a service that provides, it's a service that's provided for the community in that area.

For folks to be able to store their valuables, or things they don't have room for.

Or in my case, the hand-me-downs I get from my parents or grandparents that I don't want anymore.

But I can't get rid of, yet.

With that, I'll end my time, and just turn it over to the neighbors that would like to speak, as well, thank you.

- [Edward] My name is Edward Freeman.

I live at 5044 Mimosa Circle in that community.

We have 51 people in that community.

Most of those people own their own homes.

We've been fighting this thing for 16 years.

Went four years on the Duke Franklin, 12 years on the Russell Gilbert.

We've been telling these people time and time, and time, and time, we do not want that in our neighborhood.

But they keep coming back.

First people owned it, they sold it to these people.

These people come in now and trying to do it.

We do not want that in our community, none of it.

And this, he said he met with somebody.

He hadn't met with any of us.

So what we ask you people to do is vote against this thing again.

We do not want this thing in our neighborhood.

Seems like every three or four years we have to come up here.

We got some people representing, just raise your hands from the people.

These people have been in the community got their own, we don't want that in our neighborhood, and in the back of our neighborhood.

We own our own home, there's 51 people living in the neighborhood.

A lot of people didn't come.

We could have got a lot more people here, but we don't see a whole lot of seats there we could sit.

A lot more people just reach out, (indistinct) a few people that come.

So we're asking you one more time, one more time, to vote against this thing.

'Cause he talking about C2, we don't want a C2 there.

He wants to get a C2 and divide this stuff up, them people come in, do anything they want to under C2.

We know that.

And C5 is one of the things to help represent, the different neighborhoods.

That's what a C5's supposed to do.

So we really would like for you people to vote against it.

Thank you so much for listening to me.

- [Alonzo] My name's Alonzo Noble, and my address is 5148 Mimosa Circle.

And I've been in Mimosa Circle now, I built that 33 years ago.

And it's been a good place to live, and to raise our kids.

And as Mr. Freeman said, every since I've been there, we've been coming up here for that same thing.

And I did contact Mr. Alan, and to let him know what the consensus of the neighborhood was.

And so, I told him that they didn't want to meet, because their decision is, we didn't want it up there.

So again, we're here standing before you.

It is a community where we live, and a community where we love, and we protect, we want to protect what's out there.

And make sure that even when we're gone off the scene that our kids can come in and take over, and keep it as it is, or even make it better.

We're just requesting that the council, our district five representative, and the rest of the council vote no on this.

Thank you.

- [Chip] Hold on one second, Mr. Noble.

Councilwoman Berz, was this a question for?

Okay.

We have a question for you from a council member.

Councilwoman Berz.

- [Carol] What is your, Mr. Freeman, please?

What is your understanding of what can be in C5?

- [Edward] C5 and a C2 is different.

- [Carol] I know that.

What's it zoned now?

- [Edward] We agree with C5, if that's some of the stuff he wanted to put in there.

- [Carol] All I want to know is, is it C5 now?

- [Edward] It's C5 now.

- [Carol] Okay, and what is your understanding of what can go into C5?

- [Edward] Well, I think you people should know that, what's go under a C5 and a C2.

- [Carol] I'm hearing you.

I'm not not hearing you.

I respect what you're saying.

It's zoned C5 now.

Without any permission, what can go into C5 now?

- [Edward] Whatever is under C5.

You want us to read it out to you?

- [Carol] Well, Karen's here.

What could go in there now, because you all have studied this.

- [Edward] Yeah, we've been doing this for what, 16 years- - [Carol] I know, I know.

What can go in there now?

- [Karen] Okay, there are five listed principle uses permitted under the C5 with a condition that buildings are limited to a maximum of 5,000 gross square feet of total floor area.

So uses are grocery stores with no gasoline pumps, or car washes, I'm gonna skip some of the others, but a list of similar stores like florists, shoe stores, stationary stores, barbershops, beauty shops, cleaning and laundry establishments, shoe repair, household article and appliance repair, office, studios, medical and dental clinics, banking facilities, dwellings, except for single family manufactured homes, and catering services.

And this is also, there's a companion list of prohibited uses and structures, and there's about 10 items on there.

But it includes items like the liquor stores, vehicle repair facilities, alternative financial services.

- [Carol] Okay, so all of those things that go into C5, you all are okay with, right?

- [Edward] Yeah.

16 years ago we told them the same thing, they would have did that already.

But they want this C2, and put what they want to put in it.

- [Carol] I'm hearing you.

I'm not not hearing you.

And you all have fought long and hard.

I was just asking, are you okay with everything that goes in C5?

- [Edward] Yes.

- [Carol] So it could be mobile home park, it could be hair salons, it could be all of those, and you're okay with those?

- [Edward] Yes.

We are.

Yes, we're okay with what she just said.

- [Carol] Okay, thank you.

- [Chip] The applicant does have a two-minute rebuttal, my apologies.

- [Alan] And Council, I'll be really, really quick.

Obviously, there's a history to this property that I, it goes back before my time.

To my knowledge, there's no animosity between Mr. Brock, the property owner, and the neighbors, until now.

If the neighbor are willing to meet with me, I would be more than happy to offer that extension again.

But it's not my call.

We tried the past three weeks.

But if they are willing to meet with me, I am more than happy to do that again.

But I do believe the conditions of the use restrictions, I would hope would meet most of the concerns that they do have.

I'll just leave it at that, thank you.

- [Councilman] I represent all parties.

Aristotle once said, "Educated man's more superior than the uneducated man, as the living onto the dead."

So there's an educational process that must happen.

I think there should be a clear understanding of some of the consequences of our actions, too.

I think what I would like, as far as being just, being right on this thing, we got to get it right.

We're neighbors, we want to be good neighbors, we want to be good stewards too, of the property.

So I would love for you guys to sit down at a table.

And I want to defer this two more weeks.

You guys sit down to air this out, because there are some dire consequences of having that C5 versus C2.

That's my motion.

- [Council Member] I second it.

- [Chip] Okay, we have a motion to defer until December the 14th, with a proper second.

Are there any questions or comments before we vote?

Roll call, please.

- [Clerk] Councilwoman Coonrod.

Councilman Byrd.

- [Anthony] Yes.

- [Clerk] Councilwoman Dotley.

Councilwoman Berz.

- [Carol] Yes.

- [Clerk] Councilman Hester.

- [Isaiah] Yes.

- [Clerk] Councilman Ledford.

- [Darrin] Yes.

- [Clerk] First Chairman Smith.

- [Ken] Yes.

- [Clerk] Chairman Henderson.

- [Chip] Yes.

- [Clerk] Eight yeses.

- [Chip] Motion to defer for two weeks carries.

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