The Council of the City of Knoxville met in Regular Session at 7:00 p.m. in the Main

Assembly Room of the City-County Building on Tuesday, February 13, 2007.

Mayor Bill Haslam was present and presiding officer of the Council.

The following City Council Members were present: Joe Bailey, Bob Becker, Vice-

Mayor Mark Brown, Rob Frost, Steve Hall, Joe Hultquist, Barbara Pelot, Marilyn Roddy and

Chris Woodhull.

Councilmember Barbara Pelot led in the Invocation and Councilmember Rob Frost led in

the “Pledge of Allegiance” to the Flag.

Councilmember Bailey made a motion to approve the minutes from the January 30, 2007

City Council meeting. Councilmember Frost seconded the motion. By unanimous voice vote

the motion carried. The minutes were adopted.

Councilmember Pelot made a motion to withdraw the following items from the agenda:

9-a. An Ordinance to annex certain territory adjoining the bounds of the City of

Knoxville, an area generally being described as two tracts of land north of

Callahan Drive and approximately 680 feet southwest of the intersection of Keck

Road and Callahan Drive (2-11-06.AX), which property is to be incorporated into

the limits of the City of Knoxville and to revise the boundary of Ward 40 of the

City of Knoxville so as to include said area. (Requested by Mayor) (Consider with

11a.)

11-a. A Resolution to adopt the Plan of Service dated November 2006 for annexation of

an area generally being described as two tracts of land north of Callahan Drive

and approximately 680 feet southwest of the intersection of Keck Road and

Callahan Drive. (Requested by Mayor) (Consider with 9a.)

12-a. An Ordinance to annex certain territory adjoining the bounds of the City of

Knoxville, an area generally being described as several tracts of land north of

Asheville Highway and approximately 350 feet southwest of the intersection of N.

Wooddale Road and Asheville Highway (3-11-06.AX), which property is to be

incorporated into the limits of the City of Knoxville and to revise the boundary of

Ward 31 of the City of Knoxville so as to include said area. (Requested by

Mayor)

Councilmember Bailey seconded the motion. By unanimous voice vote the motion carried. The

items were withdrawn from the agenda.

Vice-Mayor Brown made a motion to withdraw the following ordinance from the agenda:

12-b. An Ordinance to amend the Charter of the City of Knoxville, specifically Chapter

412 of the Private Acts of 1923 of the General Assembly of the State of

Tennessee, entitled, “An act to incorporate the City of Knoxville and Knox

County, Tennessee, and to define the rights, powers and liabilities of the same; to

fix the boundaries of said municipality, and to repeal all acts or parts of acts in

conflict with this act”, and all acts amendatory thereto, by amending Section 703

of said Charter in order to provide that nonresident property owners shall cast

ballots in any city election only by mail in a manner to be prescribed by the State

Coordinator of Elections; and further providing for the submission of this

Ordinance to the qualified voters of the City of Knoxville for approval as

provided in Article XI, Section 9 of the Constitution of the State of Tennessee.

(Requested by Vice Mayor Brown)

Councilmember Woodhull seconded the motion. By unanimous voice vote the motion carried.

The ordinance was withdrawn from the agenda.

Councilmember Frost made a motion to move resolution 11i, memorializing Oscar “Poor

Boy” Brown, to Public Forum. Councilmember Becker seconded the motion. By unanimous

voice vote the motion carried. (See “Public Forum”).

Councilmember Hultquist made a motion to postpone the following ordinances for four

(4) weeks:

12-u. An Ordinance approving the request of Forest Oaks Properties, LLC and Blair

Scott Properties, LLC for a One Year Plan Amendment from Low Density

Residential to Office for property located on the northeast side of Chapman

Highway, northeast of Stone Road. (MPC Approved 7-3) (File No. 1-E-07-PA)

(First District)

12-v. An Ordinance to rezone property from R-1, Low Density Residential District to

O-1, Office, Medical, and Related Services District, property located on the

northeast side of Chapman Highway, northeast of Stone Road, Forest Oaks

Properties, LLC and Blair Scott Properties, LLC, Applicant. (MPC Approved 7-3)

(File No. 1-J-07-RZ) (First District)

Councilmember Roddy seconded the motion. By unanimous voice vote the motion carried.

The ordinances were postponed four (4) weeks.

• Mayor Haslam announced that the entire City Council agenda packets are now available

to view on the City’s web site.

• Mayor Haslam stated that the CDBG requests are due on February 16 at noon.

• Mayor Haslam announced the sidewalk opening at Holston Middle School on February

20 at 11:00 a.m.

• Fire Marshal Roger Byrd gave an update on the firefighters injured during the recent

McClung Warehouse fire.

• Vice Mayor Mark Brown commended the Knoxville Fire Dept. on fighting the recent

McClung Warehouse fire.

• Cm. Hultquist announced that the TML District Meeting will be held February 16 at

10:00 am in the Small Assembly Room

• Councilman Pelot stated she was wearing orange in support of the University of

Tennessee Men’s Basketball team and wished the team great luck tonight against

Kentucky

A Resolution reappointing Nick Della Volpe to the Citizens Board for the

operation of the Public Assembly Facilities. (Requested by Councilmember

Frost)

Councilmember Frost made a motion to approve the resolution. Councilmember Pelot

seconded the motion. By unanimous voice vote the motion carried. The printed resolution can

be found attached to these minutes as Resolution No. R-63-07.

An Ordinance to annex certain territory adjoining the bounds of the City of

Knoxville, an area generally being described as several tracts of land west of

Wrights Ferry Road and approximately 200 feet southeast of the intersection of S.

Northshore Drive and Wrights Ferry Road (1-11-06.AX), which property is to be

incorporated into the limits of the City of Knoxville and to revise the boundary of

Ward 51 of the City of Knoxville so as to include said area. (Requested by

Mayor) (Consider with 11b.)

In conjunction with resolution

11-b. A Resolution to adopt the Plan of Service dated November 2006 for annexation of

an area generally being described as several tracts of land west of Wrights Ferry

Road and approximately 200 feet southeast of the intersection of S. Northshore

Drive and Wrights Ferry Road. (Requested by Mayor) (Consider with 9b.)

Councilmember Pelot made a motion to approve the annexation ordinance on second

reading. Councilmember Bailey seconded the motion.

Councilmember Pelot made a motion to approve the Plan of Service for the area.

Councilmember Bailey seconded the motion. By unanimous voice vote the motion carried.

The resolution was adopted. The printed resolution can be found attached to these minutes as

Resolution No. R-64-07.

By unanimous voice vote the motion to approve the annexation ordinance was adopted.

The printed ordinance can be found attached to these minutes as Ordinance No. O-20-07.

An Ordinance to rezone property from O-1, Office, Medical, and Related Services

District and to C-1, Neighborhood Commercial and C-3, General Commercial

District, property located on the northwest side of Shasta Drive, southeast of

Cedar Lane, W&L Properties, Applicant. (MPC Approved 13-0) (File No. 12-R-

06-RZ) (Fifth District)

Councilmember Becker made a motion to approve the ordinance on second reading.

Councilmember Pelot seconded the motion. By unanimous voice vote the motion carried. The

ordinance was approved on second reading. The printed ordinance can be found attached to

these minutes as Ordinance No. O-22-07.

An Ordinance to rezone property from R-1, Low Density Residential District to

RP-1, Planned Residential District at a density of up to 5.99 dwelling units per

acre, property located on the northwest side of Edington Road, south of Cherokee

Trail, Metropolitan Planning Commission, Applicant. (MPC Approved 13-0) (File

No. 12-Y-06-RZ) (First District)

Councilmember Bailey made a motion to approve the ordinance on second reading.

Councilmember Pelot seconded the motion. By voice vote the Council voted as follows on the

motion to approve: Councilmembers Bailey, Becker, Brown, Frost, Hall, Pelot, Roddy and

Woodhull voted “Aye.” Councilmember Hultquist voted ‘Nay.” The motion carried. The

printed ordinance can be found attached to these minutes as Ordinance No. O-23-07.

An Appeal by Amy Leslie for the South Haven Neighborhood Association of the

Board of Zoning Appeals’ decision to approve a variance to reduce Gilbert Lane

front yard setback from 25 feet to 12 feet (Article IV, Section 2.E.1.a.) as per site

plan to construct a residence in an R-1, Low Density Residential District, property

located at 2242 Price Avenue. (BZA Approved 4-0) (BZA No. 10-K-06-VA)

(First District) (Consider with 11g.)

In conjunction with Resolution

11-g. A Resolution approving an appeal by Amy Leslie for the South Haven

Neighborhood Association of the Board of Zoning Appeals’ decision to approve a

variance to reduce Gilbert Lane front yard setback from 25 feet to 12 feet (Article

IV, Section 2.E.1.a.) as per site plan to construct a residence in an R-1, Low

Density Residential District, property located at 2242 Price Avenue. (BZA

Approved 4-0) (BZA No. 10-K-06-VA) (First District) (Consider with 10a.)

Councilmember Hultquist made a motion to postpone the appeal for four (4) weeks.

Councilmember Roddy seconded the motion. By unanimous voice vote the motion carried.

The matter was postponed four (4) weeks.

A Resolution authorizing the filing of an amendment to the Certificate of

Incorporation of the Public Building Authority of the County of Knox and the

City of Knoxville, Tennessee to authorize action by written consent. (Requested

by Law Department)

Councilmember Roddy made a motion to approve the resolution. Councilmember Frost

seconded the motion.

Councilmember Frost and Herb Slattery addressed the resolution.

By unanimous voice vote the motion carried. The printed resolution can be found

attached to these minutes as Resolution No. R-65-07.

A Resolution authorizing the Mayor to execute an amendment to Agreement No.

C-02-0266 with Goodwill Industries-Knoxville, Inc. to provide services at one

additional city recycling drop-off center, to extend the term of the agreement for

one additional year, and to increase the funding by an amount not to exceed

$27,786.07.00 annually, for a new total annual cost of $121,074.07. (Requested

by Department of Community and Neighborhood Services, Public Service

Division)

Councilmember Roddy made a motion to approve the resolution. Councilmember Frost

seconded the motion.

Councilmember Frost and Councilmember Roddy addressed the resolution.

By unanimous voice vote the motion to approve carried. The printed resolution can be

found attached to these minutes as Resolution No. R-66-07.

e. A Resolution authorizing the Mayor to execute a quitclaim deed to Knoxville

Preservation & Development, LLC for one parcel of property located at 1424

Cornelia Avenue, CLT No. 081L-R-033, within the city limits of the City of

Knoxville pursuant to the Homemaker Program for a contract sales price of $100.00.

(Requested by Department of Finance and Accountability, Community Development

Division)

Vice-Mayor Brown and Madeline Rogero addressed the resolution.

Councilmember Frost made a motion to approve the resolution. Councilmember Pelot

seconded the motion. By unanimous voice vote the motion carried. The printed resolution can

be found attached to these minutes as Resolution No. R-67-07.

A Resolution authorizing the Mayor to execute and deliver an agreement with

320 Partners, LP, to provide additional police services to Arbor Place Apartments.

(Requested by Police Department)

Councilmember Pelot made a motion to approve the resolution. Vice-Mayor Brown

seconded the motion. By unanimous voice vote the motion carried. The printed resolution can

be found attached to these minutes as Resolution No. R-68-07.

A Resolution adopting the Martin Luther King, Jr. Avenue Corridor Plan.

(Requested by Division of Community Development )(MPC Approved 12-0)

(File No. 1-A-07-SAP) (Sixth District)

Vice-Mayor Brown made a motion to approve the resolution. Councilmember Pelot

seconded the motion.

Discussion ensued with the following persons addressing the resolution: Vice-Mayor

Brown; Madeline Rogero; Councilmember Becker.

By unanimous voice vote the motion to approve the resolution was adopted. The printed

resolution can be found attached to these minutes as Resolution No. R-69-07.

An Ordinance to amend the Operating and Capital Budgets for Fiscal Year

06/07. (Requested by Department of Finance and Accountability)

Councilmember Roddy made a motion to approve the ordinance on first reading.

Councilmember Frost seconded the motion.

Stan McCroskey and Scott Coffey addressed Council.

By unanimous voice vote the motion carried. The ordinance was approved on first

reading.

An Ordinance to amend the Knoxville City Code, Appendix B, “Zoning

Regulations”, Articles 3 and 4, establishing South Waterfront Zoning Districts

SW1 through SW7, adding the “South Waterfront Form Based Development

Code”, and amending the City of Knoxville Zoning Map by creating a map inset

for the “South Waterfront Regulating Plan”. (Requested by South Waterfront

Development) (MPC Approved 9-0-1) (First District)

MAYOR HASLAM: For a point of clarification here, what is coming before us is as

amended by MPC. So, those speaking in favor of it are those who are in favor of the plan as

amended by MPC. Those against, are against the changes.

COUNCILMAN HULTQUIST: I want to make a motion to approve, but to amend it.

CHARLES SWANSON: First, you have a motion to approve and then a motion to

amend.

COUNCILMAN HULTQUIST: Right, but I’ll start with a motion to approve …

MAYOR BILL HASLAM: Okay . . .

COUNCILMAN BECKER: Second

MAYOR HASLAM: We have a motion and a second, but just so I can explain this to

Council, we do have quite a few folks who are signed up to speak on this; three speaking in favor

as it was amended at MPC and several speaking against it; I’m guessing 8 or 9, at a rough call.

So, I just want to let Council know the status of the people who want to discuss it. So, there’s a

motion on the floor . . . Actually, I did hear a second from Mr. Becker. Excuse, me a second

from Mr. Becker; I just want to make sure I have all this straight. There’s a motion to approve

and then he’s going to come back later with a motion to amend . . .

COUNCILMAN HULTQUIST: No, I’m going to come back now with a motion to

amend.

MAYOR HASLAM: Now that’s it’s seconded

COUNCILMAN HULTQUIST: Yes

MAYOR HASLAM: Now, you can amend.

COUNCILMAN HULTQUIST: I want to make a motion to amend it to keep in two of

the amendments that MPC approved. Those amendments being . . . let me make sure I can get

this correct. One has to do with the street tree-planting requirement . . . okay.

MAYOR HASLAM: That would……

COUNCILMAN BECKER: That’s amendment four (4).

MAYOR HASLAM: I think that’s right

COUNCILMAN HULTQUIST: It’s not four (4); it’s number five (5) in the staff

report.

COUNCILMAN BECKER: Which thing are you on?

COUNCIL MEMBER PELOT: Yes, please

COUNCILMAN HULTQUIST: Staff report, 12d staff report; it’s page 3 of 4, under

Recommendation . . . If you look at number 5, “street tree planting requirements for all districts

should be changed to the following: a. One tree (min. 2 “ caliper) is required for every 5

parking spaces, to be planted in required islands or medians (b) Tree required for surface parking

. . .,” trees required for surface parking, I think that should say, …. “may be counted against the

minimum 8 trees (minimum 2 “ caliper) per acre open space.” I do not want to delete that

amendment. I want to include that amendment in the motion.

COUNCIL MEMBER PELOT: Number 5, correct?

COUNCILMAN HULTQUIST: Yes, number 5 in the Staff report. The other item

would be on the road . . . Number 1 under Recommendation, “The Regulating Plan should be

changed by adding language that indicates that the actual location and configuration of new

streets shown as “flexible road alignment” will be determined at the time of redevelopment of

the property.” I want to include that in.

The other three amendments, I want to remove, and this is my amendment of the

amended version. Going back to the original . . . the original ordinance as it came out of the

process and the oversight committee’s input. In other words, we would remove number 2 in the

that section under recommendation, “The minimum width of the River Buffer Setback in the

SW4 and SW 7 districts should be changed from 70 feet to 60 feet.” Remove that amendment so

that it stays at 70.

Number 3 - It says, “The maximum building height in the SW7 district should be

changed from 50 feet and 4 story maximum plus an additional 1 story maximum with 10 feet

setback to 100 feet and 9 story maximum plus an additional 2 story maximum with 10 feet wall

setbacks.” That is the amendment that MPC approved and my amendment would remove that

amendment. So, we’d go back to the original language on that, which would be 50 feet and 4

stories, plus an additional 1 story maximum, with 10-foot setback.

And, the other part of my amendment would be to delete number 4; remove number 4

amendment, which says, “The Maximum Building Height in the SW4 (District) should be

changed from 50 feet and 4 story maximum plus an additional 1 story maximum with 10 foot

setback to 70 feet and 6 story maximum plus an additional 2 story maximum with 10 foot wall

setbacks.” By amendment back, it would change it to read, “The maximum building height in the

SW4 should be changed from 50 ….,” no, “will be 50 feet and a 4 story maximum, plus an

additional 1 story maximum with 10-foot setback.” That’s the original language and it would be

amended back to that.

COUNCILMAN BECKER: Second

MAYOR HASLAM: Just to put that in plain . . . just so everybody understands, talking

about … what we’re doing . . . What the motion to amend is, is to take back the changes that

MPC made in the river buffer setback and in building heights and setbacks in SW7 and building

heights and setbacks in SW4, to leave in the tree planting requirement changes, and the language

relative to the flexible road alignment. So, everybody’s straight with where we are.

MAYOR HASLAM: So, the question before Council is, do you want to amend your

rules to hear all 8 of those speakers and ask them to be short and to the point and not repeat each

other, or would you like to…..

COUNCILMEMBER HULTQUIST: So moved.

COUNCILMEMBER RODDY: Second.

MAYOR HASLAM: Okay, all those in favor of changing the rules to allow all eight to

speak, and we will ask them to keep time in mind…..Vice-Mayor Brown.

Vice-Mayor Brown and Mayor Haslam made additional comments.

MAYOR HASLAM: All in favor, “Aye.” Opposed, “No.” Okay, thank you very

much. (Vote was unanimous in favor of motion). Amendment #1 was adopted.

Discussion then ensued with the following persons addressing the ordinance: Kelvin

Francis, 205Mapleloop Road; Monte Stanley; Mary English, 810 Oak Grove Lane; Rob

Dansereau, 1302 White Avenue; Jennie Arthur, 705 Phillips Avenue; Rachel Craig; Mike

Rodecker; Diana Conn; Arthur Seymour, Jr.; Ginger Baxter, 3901 Sam Cooper Road; Hoyle

Gill, Councilmember Becker; Councilmember Becker; Dave Hill, City of Knoxville; Debbie

Poplin, Deputy Law Director, COK; Mayor Haslam; Councilmember Hultquist; Vice-Mayor

Brown; Joe Bailey; Councilmember Pelot; Councilmember Roddy; Councilmember Woodhull;

Councilmember Frost

COUNCILMAN BECKER: On 4.1-6, the “Outdoor Space Types,” after gardens, just

to put in parenthesis (including vegetable and fruit gardens). I got asked to do this while I was

walking in the door for clarification.

MAYOR HASLAM: Okay, that’s the motion to amend. Is there a second to that?

COUNCIL MEMBER PELOT: Second

By unanimous voice vote the motion to approve Amendment #2 as stated by

Councilmember Becker, was adopted.

By unanimous voice vote the original motion to approve the ordinance on first reading, as

amended two times, was adopted. The ordinance was approved on first reading, as amended.

An Ordinance amending the Knoxville City Code, Appendix B, “Zoning

Regulations”, Articles 2, 5, 6, and 7, revising and adding certain definitions,

amending certain supplementary regulations related to the South Waterfront and

other specific zone districts, clarifying references to non-conforming buildings,

structures and uses of land, and adding administration and enforcement

requirements related to development review within the South Waterfront zoning

districts. (Requested by South Waterfront Development) (MPC Approved 9-0-1)

(First District)

Councilmember Hultquist made a motion to approve the ordinance on first reading.

Councilmember Pelot seconded the motion. By unanimous voice vote the motion carried. The

ordinance was approved on first reading.

An Ordinance to amend the City of Knoxville One-Year Plan, South Waterfront

Mixed Use District, by creating a new South Waterfront Mixed Use District I

allowing South Waterfront Zoning Districts SW1, SW2, SW3, SW4, SW5, SW6,

AND SW7, and by creating a new South Waterfront District II, allowing the same

zoning districts as adopted in Ordinance 0-12-06. (Requested by South Waterfront

Development) (MPC Approved 9-0-1) (First District)

Councilmember Hultquist made a motion to approve the ordinance on first reading.

Councilmember Becker seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

An Ordinance amending the Knoxville – Knox County Major Road Plan to reflect

new street classifications and standards in accordance with the Knoxville South

Waterfront Form Based Development Code. (Requested by South Waterfront

Development) (MPC Approved 9-0-1) (First District)

Councilmember Becker made a motion to approve the ordinance on first reading.

Councilmember Hultquist seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

h. An Ordinance to amend the Knoxville - Knox County Minimum Subdivision

Regulations by amending Section 2, “Definitions”, replacing the definitions of

‘Right-Of-Way’ and ‘Street’, and by amending Section 6, “Design Standards”,

reflecting the Streetscape Design Standards contained in the Knoxville South

Waterfront Form Based Development Code. (Requested by South Waterfront

Development) (MPC Approved 9-0-1) (First District)

Councilmember Hultquist made a motion to approve the ordinance on first reading.

Councilmember Becker seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

An Ordinance to close the old Topside Road from Topside Road to Alcoa

Highway, and authorizing the Mayor to execute quitclaim deeds to the adjacent

property owners, Dart Livingston, Applicant. (MPC Approved 13-0) (File No. 12-

B-06-SC) (First District)

Councilmember Hultquist made a motion to withdraw the ordinance from the agenda.

Councilmember Pelot seconded the motion. By unanimous voice vote the motion carried. The

ordinance was withdrawn.

An Ordinance to close an alley off Branner Street between Woodland Avenue and

West Scott Avenue, and authorizing the Mayor to execute quitclaim deeds to the

adjacent property owners, Bill Kenny, Jr., Applicant. (MPC Approved 12-0) (File

No. 1-A-07-AC) (Fourth District)

Councilmember Frost made a motion to approve the ordinance on first reading.

Councilmember Becker seconded the motion.

Councilmember Frost made a motion to amend the ordinance to make it effective

immediately upon passage after second reading (waiving 17 day provision). Councilmember

Becker seconded the motion. By unanimous voice vote the motion carried. The amendment

was adopted.

By unanimous voice vote the motion to approve the ordinance, as amended, was adopted.

The ordinance was approved on first reading, as amended.

An Ordinance to close two sections of Old Middlebrook Pike in the vicinity of

Dowell Springs Boulevard and Dick Lonas Road, and authorizing the Mayor to

execute quitclaim deeds to the adjacent property owners, Dowell Springs,

Company, Applicant. (MPC Approved 12-0) (File No. 1-A-07-SC) (Second

District)

Councilmember Pelot made a motion to approve the ordinance on first reading.

Councilmember Bailey seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

An Ordinance to change the street name from W Fourth Avenue to Richards

Street between the dead-end west of Richards Street and the east segment of

Richards Street, E-911 Emergency Communications District, Applicant. (MPC

Approved 12-0) (File No. 1-A-07-SNC) (Sixth District)

Vice-Mayor Brown made a motion to approve the ordinance on first reading.

Councilmembers Becker and Pelot seconded the motion. By unanimous voice vote the motion

carried. The ordinance was approved on first reading.

An Ordinance to change the street name from King Street to Ogden Street

between W. Depot Avenue and its dead-end, E911 Emergency Communications

District, Applicant. (MPC Approved 12-0) (File No. 1-B-07-SNC) (Sixth District)

Vice-Mayor Brown made a motion to approve the ordinance on first reading.

Councilmember Woodhull seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

n.

An Ordinance approving the request of Harold Rigsby for a One Year Plan

Amendment from Office to High Density Residential, property located on the

northwest side of Grand Avenue, northeast of Twenty Third Street, northwest of

Twenty Second Street. (MPC Approved 12-0) (File No. 1-A-07-PA) (First

District)

Councilmember Hultquist made a motion to approve the ordinance on first reading.

Councilmember Becker seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

An Ordinance to rezone property from O-2, Civic and Institutional District to RP-

3, Planned Residential District, property located on the northwest side of Grand

Avenue, northeast of Twenty Third Street, northwest of Twenty Second Street,

Harold Rigsby, Applicant. (MPC Approved 12-0) (File No. 1-B-07-RZ) (First

District)

Councilmember Hultquist made a motion to approve the ordinance on first reading.

Councilmember Becker seconded the motion. By unanimous voice vote the motion carried.

The ordinance was approved on first reading.

An Ordinance approving the request of Michael Smith for a One Year Plan

Amendment from Low Density Residential to Office for property located on the

northwest side of Dutch Valley Drive, southwest of Plummer Road. (MPC

Approved 10-3) (File No. 1-B-07-PA) (Fifth District)

Discussion ensued with the following persons addressing the ordinance: Charlotte Davis,

104 Crawford Road, Fountain City Town Hall representative; Paul Garrin; Councilmember

Becker; Councilmember Hultquist.

Councilmember Becker made a motion to postpone both ordinance 12p and 12q for two

(2) weeks. Vice-Mayor Brown seconded the motion. By unanimous voice vote the motion

carried. The ordinance was postponed two (2) weeks.

An Ordinance to rezone property from R-1, Low Density Residential District to

O-1, Office, Medical, and Related Services District, property located on the

northwest side of Dutch Valley Drive, southwest of Plummer Road, Michael

Smith, Applicant. (MPC Approved 10-3) (File No. 1-D-07-RZ) (Fifth District)

(See previous item 12p for motion and vote to postpone two (2) weeks).

The ordinance was postponed two weeks.

r.

An Ordinance approving the request of Lisa M. Byrd for a One Year Plan

Amendment from Medium Density Residential to Office for property located on

then northwest side of Tazewell Pike, northeast of Smithwood Road. (MPC

Approved 12-0) (File No. 1-C-07-PA) (Fourth District)

Discussion ensued with the following persons addressing the ordinance: Charlotte

Davis, 104 Crawford Road, in opposition to ordinance; Lisa Byrd, 5235 Bent River Blvd., in

favor of ordinance; Councilmember Frost; Councilmember Pelot; Councilmember Becker.

Councilmember Frost made a motion to deny the ordinance. Councilmember Becker

seconded the motion. By voice vote the Council voted as follows: Councilmembers Bailey,

Becker, Brown, Frost, Hall, Hultquist, Roddy and Woodhull voted “Aye.” Councilmember

Pelot voted “Nay.” The motion carried. The ordinance was approved on first reading.

12-s. An Ordinance to rezone property from R-2, General Residential District to O-1,

Office, Medical, and Related Services District, property located on the northwest

side of Tazewell Pike, northeast of Smithwood Road, Lisa M. Byrd, Applicant.

(MPC Approved 12-0) (File No. 1-F-07-RZ) (Fourth District)

There was no motion on the ordinance. The matter was moot considering the denial of

ordinance 12r. The ordinance failed due to lack of a motion.

An Ordinance to rezone property from A-1, General Agricultural District to R-1,

Low Density Residential District, property located on the south side of Seaver

Drive, southeast of Francis Road, James R. Christopher, Applicant. (MPC

Approved 10-2) (File No. 1-H-07-RZ) (Third District)

Discussion ensued with the following persons addressing the ordinance: Sherry Walsh,

7042 Seaver Drive; Robert Rangel; Ted Buhler; Councilmember Pelot; James R. Christopher;

Councilmember Hall; Councilmember Becker.

Councilmember Becker made a motion to postpone the ordinance two (2) weeks.

Councilmember Pelot seconded the motion.

Discussion continued with the following persons speaking: Councilmember Pelot;

Councilmember Hultquist and Councilmember Bailey.

By voice vote the Council voted as follows on the motion to postpone (2) weeks:

Councilmembers Bailey, Becker, Brown, Frost, Hall, Hultquist, Pelot and Woodhull voted

“Aye.” Councilmember Roddy voted “Nay.” The motion carried. The ordinance was

postponed two (2) weeks.

An Ordinance approving the request of Phil Savage for a One Year Plan

Amendment from Mixed Uses (Office, Medium Density Residential) to General

Commercial for the front parcel 93AB044.01 only, property located on the

northeast side of Western Avenue, southeast of McKamey Road. (MPC

Approved 10-2) (File No. 1-D-07-PA) (Third District)

COUNCILMEMBER STEVE HALL: Move for approval.

COUNCILMEMBER ROB FROST: Second.

MAYOR HASLAM: Questions or comments on this one?

COUNCILMEMBER BOB BECKER: I actually, the way I read this, we’re rezoning

this so somebody can borrow more money and I worry bout that as a precedent. It’s an

interesting financing scheme. I don’t know if it’s a good reason to be rezoning property, so I

think I’m going to be voting “no.”

MAYOR HASLAM: Sir, go ahead, I think you’re the applicant, if you want to go ahead

and give us your name and address, please.

PHIL SAVAGE: My name is Phil Savage. Our address is 156 Country Walk Drive in

Powell. Our property is home to Premier Athletics. It’s formerly Knoxville Gymnastics Training

Center. It is a gymnastics center that has served and actually enriched the families of Knoxville

for more than 17 years. Lisa and I want to reinvest in the property and improve the quality of

service for these future families. Our zoning of this property commercial the value will increase

which will allow us to utilize some of the equity to make improvements on the building. The

building is about seventeen (17) years old. Our neighbors support our request. We have a good

relationship with our neighbors. We have a letter signed by every neighbor that backs up to our

property. The MPC has already approved the property in front which is a cheerleading facility

and in front of ours and they’ve approved for a change to zoning to general commercial. We

would like for our property to be zoned to general commercial as well.

MAYOR HASLAM: Thank you. Any questions for Mr. Savage? Okay, ready to vote,

then? All those in favor, “Aye.” Opposed, “No.”

COUNCILMEMBER JOE HULTQUIST: The property that was just rezoned was the

rear building?

CHARLES SWANSON: Front.

COUNCILMEMBER HULTQUIST: The front building. I thought you said the

cheerleading was out front?

PHIL SAVAGE: Yes. It’s pretty much the same. The cheerleading is up front and

then our gymnastics center kind of feeds the cheerleading center.

COUNCILMEMBER HULTQUIST: This only shows the front part as the subject of

rezoning on the map.

COUNCILMEMBER BARBARA PELOT: Just the front part of the property.

MAYOR HASLAM: Okay.

COUNCILMEMBER HULTQUIST; I think the entire property, it just didn’t indicate

that on the map in front of us.

COUNCILMEMBER STEVE HALL: I think, isn’t the front section already zoned

commercial?

PHIL SAVAGE: It’s approved by MPC to be rezoned commercial.

COUNCILMEMBER HALL: Okay.

CHARLES SWANSON: I think Mr. Donaldson has a comment to make there.

MARK DONALDSON: The initial application came in requesting that both parcels be

included in the one-year plan amendment and the rezoning request. The recommendation that

came out of the MPC was that only the parcel fronting on the road be amended in the plan and on

the zoning. So, only the front parcel is shown as the MPC recommendation for plan amendment

and rezoning.

COUNCILMEMBER HULTQUIST: But this Council just rezoned the entire parcel.

CHARLES SWANSON: No. Just the front.

COUNCILMEMBER HULTQUIST: Okay, he was talking about the rear building.

That’s why I’m a little confused.

PHIL SAVAGE: When I applied, I applied for both properties all at once.

COUNCILMEMBER HULTQUIST: But Mr. Donaldson is saying that only the front

building has been rezoned.

CHARLES SWANSON: Right.

MARK DONALDSON: They made a recommendation to rezone only the front parcel.

COUNCILMEMBER HULTQUIST: But the action that Council just took upheld that

recommendation.

MARK DONALDSON: I believe so.

CHARLES SWANSON: That was the one-year plan.

MARK DONALDSON: Yeah.

COUNCILMEMBER HALL: The one year plan.

COUNCILMEMBER HULTQUIST: Okay, I’m sorry, we didn’t do the zoning yet.

What’s before us next….

An Ordinance to rezone property from O-1, Office, Medical, and Related Services

District to C-3, General Commercial District on the front parcel 93AB044.01

only, property located on the northeast side of Western Avenue, southeast of

McKamey Road, Phil Savage, Applicant. (MPC Approved 10-2) (File No. 1-G-

07-RZ) (Third District)

COUNCILMEMBER HALL: Move for approval.

COUNCILMEMBER BAILEY: Second.

MAYOR HASLAM: Mr. Savage, you want to……?

PHIL SAVAGE: Ken Pruitt said to just come before you and, because initially we had

planned both properties to be zoned to C-3, and that’s what we’re asking for.

MAYOR HASLAM: Everybody clear where we are now? Ready to vote, then? All

those in favor “Aye.” Oppose, “No.” Excuse me, one no again, so eight “aye’s” and one “no.”

(Councilmember Becker voted “Nay”).

The ordinance was approved on first reading.

An Ordinance approving the request of David Wallace for a One Year Plan

Amendment from Medium Density Residential to Office, property located on the

southeast side of Marion Drive, northeast side of Stanton Road. (MPC Approved

12-0) (File No. 1-J-07-PA) (Fourth District)

Councilmember Frost made a motion to approve the ordinance on first reading. Vice-

Mayor Brown seconded the motion. By unanimous voice vote the motion carried. The

ordinance was approved on first reading.

An Ordinance to rezone property from R-2, General Residential District to O-1,

Office, Medical, and Related Services District, property located on the southeast

side of Marion Drive, northwest of Essary Road, David Wallace, Applicant.

(MPC Approved 12-0) (File No. 1-U-07-RZ) (Fourth District)

Councilmember Frost made a motion to approve the ordinance on first reading. Councilmember

Bailey seconded the motion. By unanimous voice vote the motion carried. The ordinance was

approved on first reading.

An Ordinance approving the request of Dart Livingston for a One Year Plan

Amendment from Medium Density Residential to Office for property located on

the northwest side of Topside Road, east side of Alcoa Highway. (MPC

Approved 12-0) (File No. 1-H-07-PA) (First District)

Mr. Livingston asked Council to postpone this ordinance until TDOT makes a decision

on what they’re going to do in the area.

Councilmember Hultquist made a motion to postpone the ordinance to May 8, 2007.

Councilmember Frost seconded the motion. By unanimous voice vote the motion carried. The

ordinance was postponed to May 8, 2007.

An Ordinance to rezone property from A-1, General Agricultural District to C-6,

General Commercial Park District, property located on the northwest side of Old

Callahan Drive, southwest side of Barger Pond Way, Robert Morton, Applicant.

(MPC Approved 12-0) (File No. 1-V-07-RZ) (Third District)

Discussion ensued with Councilmember Becker, Councilmember Hultquist and

Councilmember Roddy addressing the ordinance.

Councilmember Hall made a motion to approve the ordinance on first reading. Vice-

Mayor Brown seconded the motion. Upon roll call, Councilmembers Bailey, Brown, Frost,

Hall, Pelot and Woodhull voted “Aye.” Councilmembers Becker, Hultquist and Roddy voted

“Nay.” The motion carried. The ordinance was approved on first reading.

An Emergency Ordinance of the Council appropriating the sum of $750.00 from

the Community Improvement (202) Fund and donating same to the YMCA of

Metropolitan Knoxville, as capital campaign support, related to the East

Knoxville Cansler Branch. (Requested by Vice Mayor Brown)

Vice-Mayor Brown made a motion to approve the emergency ordinance.

Councilmember Frost seconded the motion. By unanimous voice vote the motion carried. The

printed ordinance can be found attached to these minutes as Ordinance No. O-23-07.

An Emergency Ordinance of the Council appropriating the sum of $450.00 from

the Community Improvement (202) Fund and donating same to the Knox County

Public Library, as financial support toward the Summer 2007, Children’s Festival

of Reading event. (Requested by Councilmembers Frost and Pelot)

Councilmember Pelot made a motion to approve the emergency ordinance.

Councilmember Frost seconded the motion. By unanimous voice vote the motion carried. The

printed ordinance can be found attached to these minutes as Ordinance No. O-24-07.

An Emergency Ordinance of the Council appropriating the sum of $300.00 from

the Community Improvement (202) Fund and donating same to the Highland

Neighbors Association to be utilized toward their current Community

Enhancement Project. (Requested by Councilmember Frost)

Councilmember Frost made a motion to approve the emergency ordinance.

Councilmember Becker seconded the motion. By unanimous voice vote the motion carried.

The printed ordinance can be found attached to these minutes as Ordinance No. O-25-07.

An Emergency Ordinance of the Council appropriating the sum of $1,000.00 from

the Community Improvement (202) Fund and donating same to the Knoxville

Symphony Society, Inc., to be utilized toward the Show House 2007 Annual Fund

Raising event. (Requested by Councilmember Pelot)

Councilmember Pelot made a motion to approve the emergency ordinance.

Councilmember Hultquist seconded the motion. By unanimous voice vote the motion carried.

The printed ordinance can be found attached to these minutes as Ordinance No. O-26-07.

An Emergency Ordinance of the Council appropriating the sum of $500.00 from

the Community Improvement (202) Fund and donating same to the Emerald

Youth Foundation to be utilized toward general program support. (Requested by

Vice Mayor Brown)

Vice-Mayor Brown made a motion to approve the emergency ordinance.

Councilmember Pelot seconded the motion. By unanimous voice vote the motion carried. The

printed ordinance can be found attached to these minutes as Ordinance No. O-27-07.

Vice Mayor called for a moment of silence in memory of Oscar “Poor Boy” Brown

prior to consideration of the resolution before City Council honoring Mr. Brown.

11-i. A Resolution to honor the memory of Oscar “Poor Boy” Brown and to express

Council’s condolences to his family upon the occasion of his passing.

(Requested by Vice Mayor Brown and Council)

Vice-Mayor Brown made a motion to approve the resolution. Councilmember Frost

seconded the motion. By unanimous voice vote the motion carried. The printed resolution can

be found attached to these minutes as Resolution No. R-70-07

Councilman Bailey stated that Betty Burks asked him to relay to Council her suggestions

that the McClung Warehouse site be considered for the Transit Center

Mark Zemack asked that the City inform residents in the McClung Warehouse vicinity of

potential health hazards resulting from the fire.

There being no further business coming before City Council, upon motion the meeting

adjourned.

_______________________________________________

Presiding Officer of the Council

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Recorder