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

(cheerful music) - All right, here we go.

(gavel tapping) Good evening, everyone.

Welcome to our Tuesday, September 13th City Council business agenda.

Call to order.

We have no special presentations this evening.

I will hear a motion for our minutes.

Without objection, the minutes will stand.

Thank you very much.

We have no ordinances on final reading this evening.

We do have ordinances under planning.

First reading, Madam Clerk, item A, please.

- [Clerk] An ordinance to amend Chattanooga City code part two, chapter 38 zoning ordinance so as to rezone part of a property located at 2600 Walker Road from R4 special zone to M3 warehouse and wholesale zone.

- Is the applicant present?

Is there any opposition present?

Council?

This is in district four.

Do we have a motion to approve?

I do hear a second.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item A carries.

Madam Clerk, item B, please.

- [Clerk] In ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to rezone property located at 1413 Meadow Lark Lane from R1 residential zone to R2 residential zone.

- Is the applicant present?

Is there any opposition present.

Ma'am?

Applicant or opposition?

Okay, if you'll hang on just one second.

We have no applicant present.

We do have opposition present.

Councilman Henderson.

- [Councilman] Mr.

Chair, this also is in your district, and I noticed that is recommended for denial by planning commission, and I do see some opposition here tonight.

Unless you would like to hear the case, I move for denial.

- [Man] Second.

- I do hear a motion for denial with a second.

Questions, comments before we vote?

All those in favor of denial, say aye.

- [All] Aye.

- Opposed to denial.

Motion is denied.

Thank you, ma'am.

Item C, Madam clerk.

- [Clerk] And ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to rezone properties located at 8147, 8149, and 8153 East Brannerd Road together with 1101 and 1113 Kinsey Drive from R1 residential zone and C2 convenience commercial zone to RT1 residential townhouse zone.

- Is the applicant present?

Is there any opposition present?

Council will entertain a motion.

Councilman Smith.

(indistinct) I have a motion to approve.

I do hear a second to that motion.

Questions or comments before we vote?

All in favor, say aye.

- [All] Aye.

- Opposed, item carries.

Madam Clerk, item D, please.

- [Clerk] An ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to rezone property located at 1511 Mulberry Street from R2 residential zone to UGC urban general commercial zone, subject to certain conditions.

- Is the applicant present?

I do see an applicant.

Is there any opposition present?

Councilwoman Noel, if you'll hit your light.

Yes ma'am.

- Thank you, Mr.

Chair.

I am, I actually went out to look at the property myself, and I spoke with Karen in reference to it.

So there's some confusion as to being two different property owners for 1509 and 1511, and it's all gated in together.

So I make a motion to defer for one week to September the 20th until that can be sorted out.

- [Person] Second.

- There's a motion for a one week deferral to September 20th.

I do hear a second.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item is deferred one week.

- [Councilwoman] Thank you, Mr.

Chair.

- Thank you.

Madame clerk, item E, please.

- [Clerk] An ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to rezone properties located at 1018 and 1020 East Martin Luther King Boulevard URM3 residential multi-unit zone to UCX three commercial mixed use zone.

- Is the applicant present?

Is there any opposition present?

Councilwoman Noel.

- [Councilwoman] I move to approve.

- [Person] Second.

- Do have a motion to approve.

I do hear a second.

Questions, comments before we vote?

All those in favors say aye.

- [All] Aye.

- Opposed?

Item carries.

Madame Clerk, item F, please.

- [Clerk] An ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to rezone an unaddressed property located in the 1000 block of east 10th street from URD2 residential detached zone to URM3 residential multi-unit zone.

- Is the applicant present?

Is there any opposition present?

Councilwoman Noel.

- Thank you again, Mr.

Chair.

There is opposition for this.

They're not here tonight, but I did, once again, go out and look at this property, spoke with a couple constituents.

So I'm going to ask that this be deferred for two weeks until September the 27th.

- [Chair] And that's in the form of a motion?

- Motion, yes.

- I do hear a motion to defer for two weeks until September 27th with a second to the motion.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item is deferred until September 27th.

- [Councilman] Thank you, Mr.

Chair.

- Thank you, Councilwoman.

Item G, please.

- [Clerk] An ordinance to amend Chattanooga city code part two, chapter 30 zoning ordinance so as to rezone property located at 1002 East 16th Street from R3 residential zone to UGC urban general commercial zone, subject to certain conditions.

- Is the applicant present?

I do see an applicant.

Is there any opposition present?

Councilwoman Noel.

- [Councilman] Move to approve.

- Have a motion to approve.

I do hear several seconds.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item G carries.

Madam Clerk, item H, please.

- [Clerk] Ordinance to amend Chattanooga city code part two, chapter 38 zoning ordinance so as to zone property located at 2514 East 17th Street from R2 residential zone to C3 central business zone, subject to certain conditions.

- Is the applicant present?

I do see an applicant.

Is there any opposition present?

Councilwoman Koonrod.

- [Councilwoman] Move approve.

- Have a motion to approve.

Do hear a second.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed, item H carries.

Under resolutions community development, Madam Clerk, item A, please.

- [Clerk] A resolution authorizing the administrator for the Department of Community Development to apply for, and if awarded, accept a Department of Housing and Urban Development, HUD, continuum of care, special notice of funding opportunity to address unsheltered and rural homelessness through the city of Chattanooga program grant for transitional housing, rapid rehousing, and supportive services for medically vulnerable unsheltered individuals and family for an amount not to exceed $2,642,954.

- Madam Vice Chair.

- [Vice Chair] Move to approve.

- Have a motion to approve.

I do hear a second to that motion.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item A carries.

Economic development, item B. Madam Clerk.

- [Clerk] A resolution amending resolution 28672 to designate an administrator of economic development or their designee as alternate certifying officer for documents relative to the environmental review process as required by federal regulations.

- Have a motion to approve.

Do hear a second to that motion.

Questions, comments before we vote?

All those in favors, say aye.

- [All] Aye.

- Opposed?

Item B carries.

Under finance, Madam clerk, item C, please.

- [Clerk] A resolution to accept the current year of financial report from the Chattanooga Business Improvement District, CBID, and approve the proposed budget for fiscal year 2023 activities, including authorizing the treasurer to collect a special assessment fee for tax year 2022.

- Dr. Berz.

Have a motion to approve, do hear several seconds.

All those in favor, say aye.

- [All] Aye.

- Opposed?

Item carries.

Under fire, Madam Clerk, will you take items D and E as a package without objection from council.

- [Clerk] A resolution authorizing the chief of the fire department to exercise the first renewal for lease between the city of Chattanooga and Cole Creek Ventures for the tower site located on Windrock mountain in Anderson county for years four through six pursuant to contracted monthly rental amount of $1,700 for a total expender amount of $61,200.

A resolution authorizing the chief of the fire department to exercise the first renewal for lease between city of Chattanooga and Cole Creek Ventures for the tower site located on Cross Mountain in Campbell county for years four through six pursuant to the contracted monthly rent amount of $1,700 for a total expenditure amount of $61,200.

- Councilman Henderson?

- [Councilman] Move approval of items 7D and 7E.

- Thank you, sir.

I do have a motion to approve both items D and E. I do hear a second.

Questions, comments before we vote?

All those in favors, say aye.

- [All] Aye.

- Opposed?

Items D and E carry.

Under mayor's office, we have two appointments to the Carter Street Corporation without objection from council.

Would you please read items F and G, please?

- [Clerk] A resolution confirming the appointment of Malcolm Harris to the Carter Street Corporation Board with a term beginning September 14th, 2022 and ending September 13th, 2026.

A resolution confirming the appointment of Chris Crimmins to the Carter Street Corporation Board with a term beginning September 14th, 2022 and ending September 13th, 2026.

- Dr. Berz?

Have a motion to approve.

Do hear a second.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Items F and G carry, thank you.

Parks and outdoors without objection from council, would you please read items H and FI.

H and I as a package, please.

- [Clerk] A resolution authorizing the waiver of park rental fees for Chattanooga presents in support of Three Sisters Bluegrass Festival held in Chattanooga green and Ross's Landing for the dates of September 29th, 30th, and October 1st, 2022 in the amount of $8,500, which includes $4,000 in deposits and $4,500 in rental fees.

A resolution authorizing the waiver of park rental fees for Tennessee Valley pride and supportive pride festival held in Chattanooga green and Ross' landing for the dates of October 2nd and 3rd 2022 in the amount of $4,500, which includes $2,000 in deposits and $2,500 in rental fees.

- Councilman Smith.

- Thank you, Mr.

Chair.

We did discuss this earlier today during our agenda session.

And if the council will indulge me, I'd like to defer both of these items till 9/20 so that we can have a discussion as to whether our policy moving forward is going to include waiving deposits.

And that is in the form of a motion, sir.

- I do have a motion to defer these two items H and I for one week to September 20th.

I do hear a second.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

- Items H and I deferred one week.

Under public works, Madam Clerk, transportation item J, please.

- [Clerk] A resolution authorizing the administer for the Department of Public Works to enter into an agreement with Volker Inc to complete preliminary engineering for the environmental design and right of way phases of contract number T2 105101 Amacola Highway and Riverfront Parkway resurfacing project, T dot pin 13141 in the amount of $337,300 with a contingency amount of $33,730 for a total contract amount of $371,030.

- Councilman Hester.

- [Councilman] Move to approve.

- Have a motion to approve.

Do hear a second to that motion.

Questions, comments before we vote?

All those in favor, say aye.

- [All] Aye.

- Opposed?

item J carries.

Purchases this evening, Mr. Goldberg.

I believe we have three purchases that were presented to council earlier this week.

We've had an apple opportunity to ask questions including today again at 3:30.

- Yes, sir.

We have three purchases recommended for approval.

And the first is from the treasury division.

This is a request to increase the contract for printing, folding, stuffing, mailing, and postage for tax bills, summons, and past due notices.

The original amount approved by council on August 9th, 2022 was $55,000 and did not include postage.

The new annual amount, including postage, is not to exceed 125,000.

The second item from finance is a new blanket contract for child forensic interview and child protective investigation team services.

This is a sole source procurement.

The vendor's children's advocacy center.

This will be a four year contract with annual amount not to exceed 68,000.

These services were previously provided through budget appropriation.

And the last item is from the Fleet Management Division of Public Works.

This is a request for a 12 month extension of the contract for police interceptors and special service vehicles.

This will give the new fleet director time to evaluate options for bidding and/or use of cooperative agreements.

The extension includes a 4% price increase in the annual amount not to exceed 1 million.

- Thank you, Mr. Goldberg.

Dr. Berz.

We approve have a motion to approve.

Do hear a second to that motion.

Questions, comments for purchases this evening?

All those in favor, say aye.

- [All] Aye.

- Opposed?

Thank you, Mr. Goldberg.

We have no RFPs and no emergency purchases this evening.

- [Goldberg] Correct, thank you.

- Thank you, sir.

We'll now move into committee reports.

And Councilwoman Koonrod, no report?

Councilwoman Noel.

Dr. Berz?

- Yes, sir, thank you.

Today we had a presentation.

Okay.

Today we had a presentation on a budget amendment, which will be up for first reading on 9/27.

Second reading on 10/4.

Because it's a budget amendment, we have to hold a public hearing, and that will be next week 9/20.

And Mr.

Chair, I suggest that we need to schedule no more than 30 minutes.

And it's two minutes each is what we've done in the past for amendments.

Now, for the public, everything we talked about today is online.

The public notice has already been published.

And so you can see everything we learned today so that you can have educated input next week.

Thank you, Mr.

Chair.

- Thank you, Dr. Berz.

While we're on that, without any objection from counsel, the rules for next week's public hearing will be set for 30 minutes with two minutes for each individual speaker.

Councilman Henderson?

- Thank you, Mr.

Chair.

The short term vacation rental ad hoc committee did meet today and we covered some housing data provided by Mr. Chris Acuff.

And we determined that our next meeting would be October the 11th at 2:00 PM in our council conference room.

And we hoped to present a draft ordinance amendment at that time.

- Very good, October 11th.

Thank you, sir.

Councilman Hill.

- [Woman] Nothing to report.

- [Chair] Councilman Smith.

- No reports.

- [Chair] Councilman Hester?

- No report.

- [Chair] Madam Vice Chair.

- [Vice Chair] No report.

- That concludes our committee reports.

We now also end our ordinances and resolutions for this evening.

We now move into the recognitions of persons wishing to address council.

Is there anyone wishing to address council this evening?

If so, please make your way to the podium, and you'll have three minutes.

And while you're coming, sir, I'll have the city attorney read our rules for public speaking.

- [Attorney] At the end of every council meeting, the Chair will recognize members of the public that wish to address the council.

Here's your rules.

Each speaker wishing to address the council can only be recognized upfront at the microphone that's provided.

No person can have more than three minutes to speak and the speaker can underdress the council only upon matters within their legislative quasar judicial authority and not upon the matters that are not under the authority of the council or regulated by other governmental bodies.

You can't use any vulgar or obscene language.

You can't use the floor to personally attack or personally denigrate others.

And to address your comments to the council as a whole and not make comments towards individual council members, please.

Anyone can do this one time only today at a council meeting, and the Chair will not permit any disorderly conduct or disrupting public meeting, which is prohibited under Tennessee law.

And you commit that offense if you substantially obstruct or interfere with a meeting by physical action or verbal utterance with the intent to prevent or disrupt a lawful meeting.

Please go ahead, sir, after those rules.

- All right.

I often find myself at a loss for words.

It's not 'cause of anger or astonishment, but rather.

- [Chair] Sir, can I stop you?

Can you give us your name please and your district?

- My name is Grantham.

I go to UTC.

I'm not sure which district.

- [Chair] That's in district eight.

- District eight, sir.

- [Chair] Thank you, sir.

- No problem.

I often find myself at a loss for words, not from anger or astonishment, but confusion.

When I look at Chattanooga and I see homeless being kicked out of their tents or their temporary homes.

That's confusing to me.

It makes me feel that our government has prioritized aesthetics over care of people.

That's confusing to me.

There is a drive by my next door neighbor.

And I mean, I know that that has nothing to do with y'all or the government as a whole that as an individual, but that's confusing to me.

It's easy to tell others that their problem is from personal accountability, but when a government is involved, a government's not an individual.

So how do you address that?

I don't know because I'm confused.

I fight with disbelief.

Disbelief in our establishments, disbelief in our collective agreement on goals, dis disbelief in my own thoughts due to thin spread opinions, maybe something that I've been told went over me.

I hope that that's all there is to it.

Maybe I just don't understand, but there are people that are being affected, not directly by individuals, but by the establishment.

And I just wanna say that I hope that every night, like each one of you go to sleep and want to make this place better for everybody.

And that's all I got.

- [Chair] If you don't mind, Mr. Sam is right in the back there.

And if you've been fed any misinformation about what the city's efforts are, Sam will be able to give you the information and the efforts ongoing.

- Yeah, no, I wasn't-- - [Chair] I'm not opening for debate, I'm just telling you to look back and see Sam right there.

- Okay.

- [Chair] Okay, thank you.

- Okay.

- [Chair] Thank you, sir.

Evening, John John.

- Hey everyone.

John John, I am in district nine.

And today I wanna talk about the difference between complicated and complex systems when it comes to city planning and development.

They sound very similar, but they're different.

Imagine throwing a seed into a cornfield.

Anything other than a kernel of corn.

By design, that seed will not grow.

The complicated process of a monoculture like corn keeps it from growing purposefully.

But today, I wanna talk about complicated fragile systems juxtaposed with complex adaptive systems.

A monoculture like corn is a prime example of a complicated and fragile system.

It's like a Swiss watch, lots of moving parts.

If one of them breaks down, the whole system breaks down.

It could be the government subsidies, the price controls, whatever it is, complicated systems are fragile.

But if you contrast that with an adaptive complex system, like say a coral reef, and you chip a piece of that coral reef off, something else will take its place.

Exclusionary zoning laws are an example of a type of monoculture or complicated fragile systems.

They favor big bold bets, and they are high risk.

Instead, I would advocate for complex adaptive systems, small, incremental, conservative, sustainable, and robust change.

Soil that not only supports corn seeds, but juxtaposed to a monoculture, it's more like an ecosystem that supports acorns, pecans, apples, and blueberries.

Exclusionary zoning laws punish those who lack the money and time to take advantage of the complex system designed for corn seeds.

We've all but outlawed a way for the poor to earn a right from their labor or profit from the output of their labor using their property.

As a result, we see the poor as a liability more than untapped potential.

We could do well to look at the rest of the culprit for our housing shortages and business problems and see that it's not just one little problem, but it could be helped a lot by things like up zoning.

You see, housing is a luxury item right now.

It's expensive and it's only an expense.

Vivian from Ridgedale could not sell paletas out of her garage without doing so illegally.

She has neither the time nor the resources to go to zoning hearings because she is not corn.

And the city is incentivized to shut her down, and how dare her be anything other than corn in this situation.

So instead, let's exchange exclusionary zoning laws for up zoning.

Let's move away from the exclusivity favoring complicated fragile systems and move to more complex adaptive systems.

The weakness of a complex system is its homogeneity and its weakness is change.

The advantage of a complex adaptive system is that it thrives in change and it thrives in diversity.

That's one weakness is that it takes time and trust in your community.

Thank you.

- [Chair] Thank you, John John.

- Good evening, commissioners.

My name is Betty Maddox Battle, and I live in district five.

And I stand before you today as an advocate for grieving mothers.

Here lately, we've seen so many mass shootings.

We've had over 470 mass shootings in the United States.

Totally unacceptable.

I stand here today on behalf of all the grieving mothers all over the world.

We're coming up on the first anniversary whereas seven black females were shot.

Two of them were killed.

We cannot forget.

We will not forget.

I am asking you to come out on September the 24th and support these families and let them know that you support them as much.

You don't know what it is to lose a child.

I know what it is.

I've experienced both aspects of violence.

And I've told this over and over again, the judicial aspect and the victim aspect.

And you don't know until you have to walk in that person's shoes.

None of us, no community is immune from gun violence.

I stand here today and I submit to you.

I ask you on behalf of all these grieving families all over the world to come out and support these families and let them know that they are not alone.

We've got programs out here that can help.

We've got to allocate this money in the right places, and we've got to hold people accountable.

We got to hold our elected officials accountable for the things they do and the things you do not do.

This is what I do.

I'm hurt, I'm saddened about what's going on in the world, but we can make a difference.

You all are blessed to sit there in those positions.

And we ask you that you sympathize with us and help us bring solutions to the table and make this a better place.

What affects one directly actually affects us all indirectly.

I thank you for listening, and I thank you for your support.

I have a press release, and with the permission to pass this on to someone.

- [Chair] Yes ma'am, please.

If you don't mind.

- I appreciate it, and a flyer.

- [Chair] And we'll make sure and put that information on the council website as well.

- Thank you for the opportunity to speak.

- [Chair] Yes, ma'am.

- [Announcer] You've been watching highlights of the Chattanooga City Council Meeting, a production of WTCI PBS.

(cheerful music)