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Minutes of the Regular Meeting

of the Council of the City of Knoxville

Tuesday, June 30, 2020 6:00 PM Zoom Video/Audio Conference

1.

CALL TO ORDER

The meeting was called to order at 6:00 PM by Mayor Indya Kincannon

2.

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

Council Member Smith gave the invocation, and Vice-Mayor McKenzie led in the Pledge of Allegiance.

3.

ROLL CALL

Attendee Name Title Status Arrived

Indya Kincannon Mayor Present Lynne Fugate At-Large Seat A Present Gwen McKenzie Vice-Mayor, Sixth District Present Amelia Parker At-Large Seat C Present Lauren Rider Fourth District Present Andrew Roberto Second District Present Seema Singh Third District Present Tommy Smith First District Present Janet Testerman At-Large Seat B Present Charles Thomas Fifth District Present

4.

APPROVAL OF MINUTES

Motion to: approve the minutes of the June 16, 2020 Regular Meeting of City Council RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Andrew Roberto, Second District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the minutes, and Council Member Roberto seconded the motion. On unanimous roll-call vote, the motion to approve the minutes carried.

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5.

ANNOUNCEMENTS AND EXTRAORDINARY MATTERS,

ADOPTION OF AGENDA

a.

ITEMS WITHDRAWN (Indicated with "W")

None

b.

ITEMS FOR POSTPONEMENT (Indicated with "P")

None

c.

ITEMS REQUESTED TO BE ADDED BY MOTION (Indicated with "M")

None

d.

CONSENT ITEMS (Indicated with "*")

Motion to: approve the consent items RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the consent items, and Council Member Fugate seconded the motion. On unanimous roll-call vote, the motion to approve the consent items carried.

Resolution No. R-183-2020

11-e A Resolution approving the issuance of a Certificate of Compliance to The Market relative to its application to the Tennessee Alcoholic Beverage Commission for a Retail Food Store Wine License.(Requested by Department of Finance)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Resolution No. R-184-2020

11-f A Resolution granting a pension of $3,808.48 per month to Jeffrey W. Dunn, an employee of the Knoxville Police Department.(Requested by Pension Board) RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

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Resolution No. R-185-2020

11-g A Resolution granting a pension of $1,542.85 per month to William M. Graves, an employee of the Knoxville General Government.(Requested by Pension Board) RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Resolution No. R-186-2020

11-h A Resolution granting a pension of $2,953.75 per month (defined benefit only) to Robin D. Shelton, an employee of the Knoxville General Government.(Requested by Pension Board)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Resolution No. R-187-2020

11-i A Resolution granting a pension of $3,560.20 per month to Wallace E. Armstrong, an employee of the Knoxville Police Department.(Requested by Pension Board)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Resolution No. R-188-2020

11-j A Resolution granting a pension of $1,174.02 per month (defined benefit only) to Yolanda L. Crowe, an employee of the Knoxville General Government.(Requested by Pension Board)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

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Ordinance No. O-104-2020

12-a An Emergency Ordinance of the Council of the City of Knoxville appropriating the sum of $1,450.00 from the Community Improvement (202) Improvement Fund and donating same to Community Shares, Inc., serving as fiscal agent on behalf of Next Step Initiative to be utilized toward ongoing outreach and equipment.(Requested by Vice Mayor McKenzie and Councilmembers Smith, Roberto, Singh, and Rider)

RESULT: APPROVED, EMERGENCY [UNANIMOUS] MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Ordinance No. O-105-2020

12-b An Emergency Ordinance of the Council of the City of Knoxville appropriating the sum of $500.00 from the Community Improvement (202) Fund and donating same to Knox Heritage, Inc. to be utilized toward Historic Westwood porch repairs.(Requested by Councilmember Fugate)

RESULT: APPROVED, EMERGENCY [UNANIMOUS] MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas Ordinance No. O-106-2020

12-c An Emergency Ordinance of the Council of the City of Knoxville appropriating the sum of $2,994.00 from the Community Improvement (202) Fund and donating same to James White's Fort Association, Inc. to be utilized toward updating and adding

signage.(Requested by Vice Mayor McKenzie and Councilmembers Singh, Rider, Thomas, and Testerman)

RESULT: APPROVED, EMERGENCY [UNANIMOUS] MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

6.

MAYOR'S REPORT

Mayor Kincannon stated that today marks the end of the City’s fiscal year.

The Mayor provided an update on the City’s response of the Coronavirus Pandemic. She spoke about her recent executive order mandating mask wearing by persons inside City owned and operated buildings.

The Mayor provided an update on the procurement of body-worn cameras for the Police Department. She stated that a vendor has been selected, and she elaborated that contract negotiations will now begin.

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Mayor Kincannon announced a City event to mark this year’s Independence Day. She reminded everyone that the traditional Festival on the Fourth celebration will not take place this year on account of the pandemic, but the City is sponsoring the neighborhood Trails of Red White and Blue event. This will be a competition between twelve neighborhoods for the best decorated porches and yards.

The Mayor reminded everyone to observe Health Department guidance concerning the pandemic on this Independence Day weekend.

7.

REPORTS OF COUNCIL MEMBERS OR COMMITTEES

Council Member Thomas reminded everyone that setting off fireworks in the City is illegal. He asked Fire Chief Stan Sharp to elaborate on this matter. Chief Sharp spoke to the public safety concerns with fireworks in the City.

8.

ELECTIONS AND CONFIRMATIONS

Resolution No. R-189-2020

a. A Resolution confirming the reappointment of Robin V. Thomas and the appointments of Jarrod Arellano and Matthew DeBardelaben to the Design Review Board.(Requested by Mayor Kincannon)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Janet Testerman, At-Large Seat B

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the resolution, and Council Member Testerman seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

Resolution No. R-190-2020

b. A Resolution expressing support for the Mayor's appointment of David Gillette to the Neighborhood Advisory Council.(Requested by Mayor Kincannon)

RESULT: APPROVED [6 TO 1]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Janet Testerman, At-Large Seat B

AYES: Fugate, McKenzie, Rider, Roberto, Smith, Testerman NAYS: Amelia Parker

ABSTAIN: Seema Singh, Charles Thomas

Vice-Mayor McKenzie moved to approve the resolution, and Council Member Testerman seconded the motion. On roll-call vote, the motion to approve the resolution carried six to one with two abstentions. Council Members Fugate, McKenzie, Rider, Roberto, Smith, and Testerman voted "aye," Council Member Parked voted "nay," and Council Members Singh and Thomas abstained. The resolution was approved.

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Resolution No. R-191-2020

c. A Resolution confirming the appointment of Jeff Branham to serve as the Engineering Department representative to the City of Knoxville Public Property Naming

Committee.(Requested by Department of Engineering) RESULT: APPROVED [UNANIMOUS]

MOVER: Lauren Rider, Fourth District

SECONDER: Gwen McKenzie, Vice-Mayor, Sixth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Rider moved to approve the resolution, and Vice-Mayor McKenzie seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

Resolution No. R-192-2020

d. A Resolution confirming the appointment of Andrea Kupfer to serve as the Knoxville-Knox County Planning representative to the City of Knoxville Public Property Naming

Committee.(Requested by Knoxville-Knox County Planning) RESULT: APPROVED [UNANIMOUS]

MOVER: Lauren Rider, Fourth District SECONDER: Seema Singh, Third District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Rider moved to approve the resolution, and Council Member Singh seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

Resolution No. R-193-2020

e. A Resolution appointing Jack Neely to serve as the Fifth District representative to the City of Knoxville Public Property Naming Committee.(Requested by Councilmember Thomas) RESULT: APPROVED [UNANIMOUS]

MOVER: Charles Thomas, Fifth District SECONDER: Lynne Fugate, At-Large Seat A

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Thomas moved to approve the resolution, and Council Member Fugate seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

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Resolution No. R-194-2020

f. A Resolution appointing Rev. L. Sam Brown to serve as the Sixth District representative to the City of Knoxville Public Property Naming Committee.(Requested by Vice Mayor McKenzie)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Tommy Smith, First District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the resolution, and Council Member Smith seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

9.

ORDINANCES ON SECOND READING

Ordinance No. O-107-2020

a. An Ordinance amending Chapter 2, Article VII, Division 5 of the Knoxville City Code, relative to the Public Property Naming Committee.(Requested by Councilmember Rider as Chair of Committee)

RESULT: APPROVED [UNANIMOUS] MOVER: Lauren Rider, Fourth District SECONDER: Tommy Smith, First District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Rider moved to approve the ordinance, and Council Member Smith seconded the motion.

Discussion:

Mayor Kincannon and Council Members Rider and Thomas

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Ordinance No. O-108-2020

b. An Ordinance to approve and adopt the FY 2021-2026 Knoxville Capital Improvements Program, including the FY 2021 Capital Improvement Budget, City of Knoxville,

Applicant. (Planning Commission approved 12-0 Consent) (File No. 5-A-20-OB) (All Districts)(Requested by Knoxville-Knox County Planning Commission)

RESULT: APPROVED [UNANIMOUS] MOVER: Lauren Rider, Fourth District SECONDER: Tommy Smith, First District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Rider moved to approve the ordinance, and Council Member Smith seconded the motion.

Discussion:

Council Member Parker, Boyce Evans, Interim Chief Financial Officer; Council Member Rider, and Erin Gill, Chief Policy Officer and Deputy to the Mayor

On roll-call vote, the motion to approve the ordinance carried with Council Members Fugate, McKenzie, Rider, Roberto, Singh, Smith, Testerman, and Thomas voting "aye" and Council Member Parker voting "nay."

After she announced the vote result, Mayor Kincannon thanked and recognized Gerald Green for his service as the Executive Director of Knoxville-Knox County Planning. She stated he will retire on July 10, 2020, and she stated further that Amy Brooks will serve as the Acting Director from that date.

Ordinance No. O-109-2020

c. An Ordinance to amend the Knoxville City Code, Appendix B, Zoning Code, to approve minor amendments regarding title bars and introductory language in Articles 13.3 and 13.8 to clarify the application of the existing provisions to the previously codified list, City of Knoxville, Applicant. (Planning Commission Approved 12-0 Consent) (File No. 5-B-20-OA) (All Districts)(Requested by Knoxville-Knox County Planning Commission)

RESULT: APPROVED [UNANIMOUS] MOVER: Andrew Roberto, Second District SECONDER: Lauren Rider, Fourth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Roberto moved to approve the ordinance, and Council Member Rider seconded the motion. On unanimous roll-call vote, the motion to approve the ordinance carried.

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Ordinance No. O-110-2020

d. An Ordinance to amend the Knoxville City Code, Appendix B, Zoning Code, so as to approve amendments to Articles 8.9, 14.2 and 16.8 to clarify review procedures and development standards in the Hillside Protection Overlay, Knoxville-Knox County Planning, Applicant. (Planning Commission Approved 12-0 Consent) (File No. 5-C-20-OA) (All districts)(Requested by Knoxville-Knox County Planning Commission) RESULT: APPROVED [UNANIMOUS]

MOVER: Charles Thomas, Fifth District SECONDER: Andrew Roberto, Second District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Thomas moved to approve the ordinance, and Council Member Roberto seconded the motion. On unanimous roll-call vote, the motion to approve the ordinance carried.

Ordinance No. O-111-2020

e. An Ordinance to rezone property located at 3105 Essary Drive from O (Office) District to RN-5 (General Residential Neighborhood) District, Houston Smelcer, Applicant.

(Planning Commission Approved 11-0) (File No. 5-M-20-RZ) (Fourth District)(Requested by Knoxville-Knox County Planning Commission)

RESULT: APPROVED [8 TO 0] MOVER: Lauren Rider, Fourth District

SECONDER: Gwen McKenzie, Vice-Mayor, Sixth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Smith, Testerman, Thomas RECUSED: Seema Singh

Council Member Rider moved to approve the ordinance, and Vice-Mayor McKenzie seconded the motion.

Council Member Singh stated she was recusing herself from the vote in this matter due to a family connection.

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10. HEARINGS ON ZONING MATTERS, APPEALS FROM ACTION OF

MPC/BOARD OF ZONING APPEALS OR PLANS REVIEW

Denied

a. A Resolution approving an appeal by Bill Clark of the Board of Zoning Appeals' denial of Aaron Tomlinson's request for eight variances for property located at 3308 Barton Street. (File number 5-F-20-VA)(Requested by Plans Review and Inspections)

RESULT: DENIED [UNANIMOUS] MOVER: Lauren Rider, Fourth District SECONDER: Charles Thomas, Fifth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Mayor Kincannon recognized Robert Cole, the attorney for the appellant, to speak to this matter. Mr. Cole was present in the pool of speakers, but he did not respond the Mayor recognizing him to speak. Another individual, Aaron Tomlinson, who was also the original applicant in this matter was present in the pool of speakers. Mayor Kincannon recognized him to speak in favor of the appeal.

Speaking in favor of the appeal:

Aaron Tomlinson, PO Box 18435 Knoxville, Tennessee 37918 No one was present to speak in opposition of the appeal.

Discussion:

Council Member Rider and Peter Ahrens, Director of Plans Review and Building Inspections Council Member Rider moved to deny the appeal, and Council Member Thomas seconded the motion.

Discussion:

Council Member Testerman, Mr. Ahrens, and Council Members Fugate, Rider, and Parker On unanimous roll-call vote, the motion to deny the appeal carried.

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11. RESOLUTIONS

Resolution No. R-195-2020

a. A Resolution authorizing the Mayor to execute an agreement with WSP USA to provide preliminary design services for the Broadway Accelerated Bus Corridor for an amount not to exceed $465,000.00.(Requested by Department of Engineering)

RESULT: APPROVED [UNANIMOUS] MOVER: Lauren Rider, Fourth District

SECONDER: Gwen McKenzie, Vice-Mayor, Sixth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Rider moved to approve the resolution, and Vice-Mayor McKenzie seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

Resolution No. R-196-2020

b. A Resolution authorizing the Mayor to execute an agreement with CDM Smith, Inc. to provide professional design services for the Papermill Drive Corridor Study for an amount not to exceed $100,000.00.(Requested by Department of Engineering)

RESULT: APPROVED [UNANIMOUS] MOVER: Andrew Roberto, Second District SECONDER: Janet Testerman, At-Large Seat B

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Council Member Roberto moved to approve the resolution, and Council Member Testerman seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

Resolution No. R-197-2020

c. A Resolution authorizing the Mayor to execute any and all documents necessary to apply for and, if awarded, accept a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency for reimbursement of eligible expenses from the Federal Emergency Management Agency for COVID-19 pandemic

response.(Requested by Finance Department) RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Charles Thomas, Fifth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the resolution, and Council Member Thomas seconded the motion. On unanimous roll-call vote, the motion to approve the resolution carried.

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Resolution No. R-198-2020

d. A Resolution authorizing the Mayor to execute any and all documents necessary to apply for and accept a grant award of $460,891.00, with no local match, from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention, for the continued funding of the Internet Crimes Against Children Task Force.(Requested by Knoxville Police Department)

RESULT: APPROVED [UNANIMOUS]

MOVER: Gwen McKenzie, Vice-Mayor, Sixth District SECONDER: Charles Thomas, Fifth District

AYES: Fugate, McKenzie, Parker, Rider, Roberto, Singh, Smith, Testerman, Thomas

Vice-Mayor McKenzie moved to approve the resolution, and Council Member Thomas seconded the motion.

Discussion:

Council Member Singh and Police Chief Eve Thomas

On unanimous roll-call vote, the motion to approve the resolution carried.

Resolutions 11-e through 11-j were approved on consent - see Section 5-d

12. ORDINANCES ON FIRST READING

Ordinances 12-a through 12-c were approved on consent - see Section 5-d

13. PUBLIC FORUM

R. Bentley Marlowe

322 Douglas Ave

14. ADJOURNMENT

The meeting was closed at 7:10 PM

______________________________________ Presiding Officer of the Council

______________________________________ Recorder

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