Regular meeting — February 21, 2023

Motion to approve R-23-2-911 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Subgrant Award Agreement with the National Association of VOCA Assistance Administrators (NAVAA) for funding in the amount of $4,692.00 to promote community awareness of crime victims’ rights and services during the 2023 National Crime Victims’ Rights Week, April 23-29, 2023.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-912 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Landlord Consent to TRS Lease Agreement for Go Outdoors Concord, LLC to enter into a Lease Agreement with Go Outdoors Concord TRS, LLC to conduct certain activities necessary for the operation of Concord Marina under the Lease Agreement between Knox County and Go Outdoors Concord, LLC for the professional management and operation of Concord Marina.

Moved by Carson Dailey · seconded by Gina Oster

This item was deferred to March 2023.

Moved by unrecorded

This item was deferred to March 2023.

Moved by unrecorded

This Item was deferred to the March 2023 Board of Commissioners meeting.

Moved by unrecorded

This Item was deferred to March, 2023.

Moved by unrecorded

This Item was deferred to April 2023.

Moved by unrecorded

Motion to approve R-23-2-201 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Sales Agreement with Jeff Chambers Music for Gibbs High School’s purchase of band music and materials at a cost of $1,700.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-202 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Production Contract with Music Theatre International for a dramatic performing rights license and materials for L&N STEM Academy’s production of “Lucky Stiff” at a cost of $1,630.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-203 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Design Contract with Design Innovation Architects, Inc. for Innovative School Model projects in the amount of $1,522,200.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-204 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving contracts with Apex Construction Group, LLC, Holston Construction Services, LLC, Shelton General Contractors, Skilled Services, LLC, and Stooksbury Construction, Inc. for the provision of miscellaneous construction and renovation services for the term of February 1, 2023 to January 31, 2024, which may be extended for four (4) additional years.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-206 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving an agreement with Asset Panda, LLC for the provision of Asset Management Software for a one-year period at a cost of $23,985.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-207 – Consideration of a Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a Tennessee Department of Education Innovate School Models Grant in the amount of $23,500,000.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-208 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Grant Agreement with Project Lead the Way, Inc. for grant funding in the amount of $10,000.00 for Farragut High School.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-209 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Fund Balance Designation (General Purpose School Fund) in the amount of $7,500,000.00 for math textbooks and science and ELA materials.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-210 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Fund Balance Designation (General Purpose School Fund) in the amount of $217,532.36 for replacement of the playground at Adrian Burnett Elementary School.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-211 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Fund Balance Designation (General Purpose School Fund) in the amount of $209,985.33 for installation of preschool and primary grades playground at Lonsdale Elementary School.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-212 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Product and Services Agreement with AVID for programming to support students with college and career readiness skill development and opportunities at a cost of $33,663.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-213 – Consideration of a Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of grant funds and donations for the Knox County Schools as shown on the attached list and in the total amount of $152,725.74.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-110 – Consideration of Resolution of the Commission of Knox County, Tennessee, confirming the Knox County Mayor’s reappointments of Conya Mull and Shazi Ahmad and appointments of Joel Simmons and Ciarra Teasley to the Knox County Disability Advisory Group known as Dagwould? (Terms expire February 28, 2027).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-111 – Consideration of a Resolution of the Commission of Knox County, Tennessee, confirming the Knox County Mayor’s appointment of Anne Brooks Haston to the Knox County Historic Zoning Commission. (Term expires March 1, 2028).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-301 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving the CY 2023 Appalachia High Intensity Drug Trafficking Area (HIDTA) overtime reimbursement agreement for the reimbursement of up to $95,000.00 in overtime expenses incurred by the Knox County Sheriff’s Office.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-302 Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a revised Grant Contract in the amount of $9,959.00 with the State of Tennessee, Tennessee Corrections Institute for the provision of training equipment. (No local match required) (Grant was approved in October 2022 R-22-10-302, however, the State changed the dates of the contract).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-303 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Letter of Agreement – Direct Appropriation Grant in the amount of $455,839.00 with the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs for the provision of mental health transportation. (No local match required).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-402 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a construction contract in the amount of $363,377.50 with APAC Atlantic, Inc. for roadway improvements to Solway Road.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-403 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a contract with Gresham Smith for Professional Engineering Consultant Services for the design of the Gibbs Pedestrian Bridge.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-405 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving the necessary right-of-way, slope, and construction easement acquisitions on one (1) tract for the Tipton Station Pedestrian Improvements Project.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-406 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving the necessary slope and construction easement acquisitions on one (1) tract for the Russell Road Bridge Replacement Project.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-407 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a local agency project agreement with the Tennessee Department of Transportation (TDOT) for the design and construction of intersection improvement at Emory Road and Beaver Ridge Road.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-501 – Consideration of a Resolution of the Commission of Knox County, Tennessee, 1) approving a grant contract with the State of Tennessee, Department of Economic and Community Development in the amount of $400,000.00 for the provision of improvements under the Community Development Block Grant (CDBG) – Child Care Creation Program and 2) approving an agreement with Little Vols Learning Center, LLC in the amount of $400,000.00 using the State of Tennessee CDBG award for acquisition of an existing daycare that will serve children from low- to moderate-income households. (Grant contract requires a match to be paid by Little Vols Learning Center, LLC).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-601 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving Amendment Two to a Grant Contract with the Tennessee Department of Health for the provision of Prenatal Presumptive Eligibility Services, which amendment increases the maximum liability of the State under the Grant Contract by $126,400.00 and extends the term by one (1) year to expire June 30, 2024. (No local Match Required).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-701 – Consideration of a Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a donation of a Memorial Bench at the Point at Concord Park from Larry Mohler in the amount of $1,900.00.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-801 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Travel Policy for Knox County General Government and Knox County Schools.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-901 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a Grant Contract with the State of Tennessee, Department of Mental Health and Substance Abuse Services in the amount of $52,495.00 for the provision of initial funding for a Knox County Mental Health Court. (No local match required).

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-904 – Consideration of a Resolution of the Commission of Knox County, Tennessee, approving Amendment One to a Grant Contract with the Tennessee Department of Mental Health and Substance Abuse Services for the operation of the Knox Recovery Court and Knox County Veterans Treatment Court, which amendment provides for an increase to the maximum liability of the State in the amount of $27,500.00 to offset the increased costs associated with inflation.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-907 – Consideration of a Resolution of the Commission of Knox County, Tennessee, amending the Knox County Commission Rules, Rule V, Section J, to change the name of the Cable TV Committee to Telecom Committee.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-908 – Consideration of a Resolution of the Commission of Knox County, Tennessee, amending the Knox County Commission Rules, Rule VI, Section E, Honorary Resolutions, to define honorary resolutions, proclamations, and discussion items.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-909 – Consideration of a Resolution of the Commission of Knox County, Tennessee, amending the Knox County Commission Rules, Rule I, Section O, Public Forum, to clarify that a person who is signed up to speak on an agenda item shall be given the option by the Chair to speak either at public forum or during the Commission’s discussion of the agenda item.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-910 – Consideration of a Resolution of the Commission of Knox County, Tennessee, amending the Knox County Commission Rules, Rule I, Section N, Number 10, to clarify the deadline for a zoning deferral request to be consistent with Rule VII, Section G.

Moved by Carson Dailey · seconded by Gina Oster

Motion to approve R-23-2-101 – Consideration of a Resolution of the Commission of Knox County, Tennessee, recognizing and honoring Black History Month.

Moved by Dasha Lundy · seconded by Kyle Ward

Motion to approve R-23-2-102 – Consideration of a Resolution of the Commission of Knox County, Tennessee, honoring Samantha Monday for the outstanding work she does for drug treatment and mental health in Knox County.

Moved by Rhonda Lee · seconded by Kim Frazier

Motion to approve the minutes of the previous Board of Commissioners meeting on January 23, 2023.

Moved by Terry Hill · seconded by Kim Frazier

Motion to approve the above Drives and Roads.

Moved by Carson Dailey · seconded by Larsen Jay

Motion to approve Line-Item Transfers - Total amount of $950,687.52.

Moved by Larsen Jay · seconded by John Schoonmaker

Motion to approve Budget Amendments - Total amount of $431,664.35.

Moved by Larsen Jay · seconded by John Schoonmaker

Motion to approve 212 Notary Public Applications.

Moved by Gina Oster · seconded by Kim Frazier

This item was withdrawn from the agenda.

Moved by unrecorded

This item was withdrawn from the agenda.

Moved by unrecorded

Motion to approve R-23-2-802 - Consideration of a Resolution of the Commission of Knox County, Tennessee, requesting the Industrial Development Board of the County of Knox to waive certain provisions of the Board's Tax Increment Financing Policies and Procedures, to obtain a third party report to determine that Tax Increment Financing is necessary and to prepare an Economic Impact Plan for a project to be known as Prosperity Crossing to be located at 13115 El Camino Lane, 0 El Camino Lane, 0 Everett Road, and 0 Buttermilk Road, Knoxville, Tennessee 37932.

Moved by Gina Oster · seconded by John Schoonmaker

This item was withdrawn from the agenda.

Moved by unrecorded

Motion to approve R-23-2-905 - Consideration of a Resolution of the Commission of Knox County, Tennessee approving an amendment to the Knox County Sheriff’s Office Employees’ Merit System Rules and Regulations to provide for a change to the minimum age requirement for Corrections Officers from 19 to 18 years of age.

Moved by Carson Dailey · seconded by Rhonda Lee

Motion to approve R-23-2-906 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving the Industrial Development Board of the City of Knoxville to enter into a payment-in-lieu-of-tax (PILOT) transaction with Dominion Riverside, LLC, or an affiliate thereof, with respect to certain property located at 1624 Riverside Drive, Knoxville, Tennessee, to be developed into a mixed-use complex (Parcel # 095JB002).

Moved by Dasha Lundy · seconded by Larsen Jay

This item was withdrawn from the agenda.

Moved by unrecorded

This Item was withdrawn from the agenda.

Moved by unrecorded

Motion to approve R-23-2-401 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving a civil design contract with Robert G. Campbell & Associates, L. P. in the amount of $37,300.00 for the installation of a left turn lane on Campbell Station Road and Fretz Road.

Moved by Richie Beeler · seconded by Kyle Ward

Motion to approve 12-O-22-RZ - Request of Joel A. Cannon III for rezoning from A (Agricultural) to RA (Low Density Residential) per Planning Commission Recommendation: APPROVE the RA (Low Density Residential) zone. Property located at 8308 Pedigo Road / Parcel ID 037 10202 (part of). (Commission District 7).

Moved by Rhonda Lee · seconded by Richie Beeler

Motion to approve 1-C-23-RZ - Request of William Sawalhah for rezoning to PR (Planned Residential) zone up to 3 dwelling units per acre. Property located at 442 Fox Road / Parcel ID 143 111. (Commission District 3).

Moved by Gina Oster · seconded by John Schoonmaker

Motion to approve 1-F-23-RZ Request of Igor Cheban for rezoning from A (Agricultural) to PR (Planned Residential) up to 4 dwelling units per acre. Property located at 0 Ball Road / Parcel ID 091 16101. (Commission District 6).

Moved by Terry Hill · seconded by Kim Frazier

Substitute motion to approve 1-F-23-RZ Request of Igor Cheban for rezoning from A (Agricultural) to PR (Planned Residential) up to 5 dwelling units per acre. Property located at 0 Ball Road / Parcel ID 091 16101. (Commission District 6) per Planning Commission Recommendation: Approve PR (Planned Residential) zone up to 5 dwelling units per acre.

Moved by Larsen Jay · seconded by Kyle Ward

Motion to send back to Planning Commission to explore other Zoning options.

Moved by Rhonda Lee · seconded by Richie Beeler

Substitute motion to Approve CB (Business and Manufacturing) with 3 conditions. Condition #1: Lighting Design Standards. Condition #2: Noise Standards. Condition #3: Landscape Design Standard inclusive of a Type B Landscape Screen of 20 feet on Planned Residential and Agricultural sides. Property located at 1633 Dry Gap Pike / Parcel ID 047 236. (Commission District 7).

Moved by Carson Dailey · seconded by Larsen Jay

Motion to approve 1-H-23-RZ - Request of Bronzie Harris for rezoning from A (Agricultural) to PR (Planned Residential) up to 12 dwelling units per acre with closing off access to Clayberry Drive. Property located at 6010 and 6011 Clayberry Drive / Parcel ID 078 07201 and 072. (Commission District 6).

Moved by Terry Hill · seconded by Kim Frazier

Motion to approve 1-D-23-SP - Request of Aleksandr Chekhovskyy for a Northeast County Sector Plan Amendment from AG (Agricultural) to RR (Rural Residential) per Planning Commission Recommendation: Approve the sector plan amendment to RR (Rural Residential). Property located at 7614 Washington Pike / Parcel ID 031 04502. (Commission District 8).

Moved by Richie Beeler · seconded by Kyle Ward

Motion to approve Request of Aleksandr Chekhovskyy for rezoning from A (Agricultural) to PR (Planned Residential) up to 1.2 dwelling units per acre Property located at 7614 Washington Pike / Parcel ID 031 04502. (Commission District 8). Planning Commission Recommendation was zone up to 2 dwelling units per acre.

Moved by Richie Beeler · seconded by Gina Oster

Motion to approve 1-L-23-RZ - Request of Aleksandr Chekhovskyy for rezoning from A (Agricultural) to RA (Low Density Residential) per Planning Commission Recommendation: Approve the RA (Low Density Residential). Property located at 0 Cavalier Drive / Parcel ID 092 091. (Commission District 3).

Moved by Gina Oster · seconded by Kyle Ward

Motion to approve 1-M-23-RZ - Request of Adam Wilson for rezoning from A (Agricultural) to PR (Planned Residential) up to 5 dwelling units per acre per Planning Commission Recommendation: Approve APPROVE the PR (Planned Residential) zone up to 5 dwelling units per acre. Property located at 9817 Dutchtown Road / Parcel ID 118 156. (Commission District 3)

Moved by Gina Oster · seconded by Kim Frazier

Motion to approve 1-G-23-SP - Request of Kishor Tailor for a South County Sector Plan Amendment from NC (Neighborhood Commercial) to MDR (Medium Density Residential) per Planning Commission Recommendation: Approve Sector Plan Amendment to MDR (Medium Density Residential). Property located at 0 Crenshaw Road / Parcel ID 47 109. (Commission District 9).

Moved by Carson Dailey · seconded by John Schoonmaker

Motion to approve 1-P-23-RZ - Request of Kishor Tailor for rezoning from CA (General Business) and A (Agricultural) to PR (Planned Residential) up to 8 dwelling units per acre subject to 2 conditions. Maintain tree buffer. No grading before Concept Plan is approved. Property located at 0 Crenshaw Road / Parcel ID 147 109. (Commission District 9).

Moved by Carson Dailey · seconded by Kim Frazier

Motion to approve 1-R-23-RZ - Request of Ned Ferguson for rezoning from A (Agricultural) to RA (Low Density Residential) per Planning APPROVE the RA (Low Density Residential). Property located at 7509 West Emory Road / Parcel ID 077 142. (Commission District 6).

Moved by Terry Hill · seconded by Gina Oster

Motion to approve 1-S-23-RZ Request of Ned Ferguson for rezoning from A (Agricultural) to RA (Low Density Residential) per Planning Commission recommendation Approve RA (Low Density Residential). Property located at 0, 7428, and 7430 Pelleaux Road / Parcel ID 038 050, 049, and 04901. (Commission District 7).

Moved by Rhonda Lee · seconded by Richie Beeler

Motion to approve 1-I-23-SP - Request of Aziz A. Kherani for an East County Sector Plan Amendment from MDR (Medium Density Residential), LI (Light Industrial), LDR (Low Density Residential), and SP (Stream Protection) to GC (General Commercial) and SP (Stream Protection) for a portion of parcel 083 082 per Planning Commission Recommendation Approve the Sector Plan amendment to GC (General Commercial) and SP (Stream Protection) for a portion of parcel 083 082 because it is a minor extension at an existing node. Property located at 5500 Strawberry Plains Pike / Parcel ID 083 082. (Commission District 9).

Moved by Carson Dailey · seconded by Richie Beeler

Motion to approve I-T-23-RZ - Request of Aziz A. Kherani for rezoning from A (Agricultural) and F (Floodway) to CA (General Business Zone) for a portion of parcel 083 and 082 and PR Planned Residential and F Floodway Zone up to 12 units an acre for another portion of the parcel because it is a minor extension of and existing commercial node and consistent with the sector plan. Property located at 5500 Strawberry Plains Pike / Parcel ID 083 082. (Commission District 9).

Moved by Carson Dailey · seconded by Larsen Jay

Motion to approve 1-U-23-RZ - Request of Timothy Zachary for rezoning from A (Agricultural) to RA (Low Density Residential) per Planning Commission Recommendation: APPROVE the RA (Low Density Residential) zone because it is consistent with adjacent development. Property located at 9018 Hillside Avenue / Parcel ID 042 G B 00204 (Commission District 8).

Moved by Richie Beeler · seconded by Gina Oster

Motion to approve 1-J-23-SP - Request of Rebecca Walls for a Northwest County Sector Plan Amendment from AG (Agricultural), HP (Hillside Protection), and SP (Stream Protection) to RR (Rural Residential), HP (Hillside Protection), and SP (Stream Protection) per Planning Commission Recommendation: Approve the Sector Plan Amendment to RR (Rural Residential), HP (Hillside Protection) and SP (Stream Protection) because it is consistent with surrounding land use and trends in development. Property located at 0 and 9841 West Emory Road / Parcel ID 076 018 and 021. (Commission District 6).

Moved by Terry Hill · seconded by Kim Frazier

Motion to approve 1-W-23-RZ - Request of Rebecca Walls for rezoning from A (Agricultural) to PR (Planned Residential) up to 2.2 dwelling units per acre. Property located at 0 and 9841 West Emory Road / Parcel ID 076 018 and 021. (Commission District 6).

Moved by Terry Hill · seconded by John Schoonmaker

Motion to approve 1-K-23-SP - Request of Taylor D. Forrester for a North County Sector Plan Amendment from LDR (Low Density Residential) and GC (General Commercial) to GC (General Commercial) per Planning Commission Recommendation: Approve Sector Plan amendment to GC (General Commercial). Property located at 9505 Heiskell Road / Parcel ID 036 028 (part of) Commission District 7).

Moved by Rhonda Lee · seconded by Gina Oster

Motion to approve 1-X-23-RZ - Request of Taylor D. Forrester for rezoning from A (Agricultural) to CA (General Business) per Planning Commission Recommendation: APPROVE the CA (General Business) zone because it is a minor extension of this zone from the south, and it is consistent with surrounding development.

Moved by Rhonda Lee · seconded by Kim Frazier

Motion to approve amendments as submitted by Staff Recommended with addition of suggested amendments provided in red line document by KCPA regarding O-23-2-103 - Consideration of an Ordinance of the Commission of Knox County, Tennessee, amending the Knox County Code, Appendix A - Zoning, Article 5, Section 5.31 pertaining to the CA (General Business) Zone and Section 5.32 pertaining to the CB (Business and Manufacturing) zone to allow for consideration of certain permitted uses and uses permitted on review; Article 4 by adding a new Subsection 4.108 creating standards for drive-through facilities; and Article 5, Sections 5.37.03.C, 5.38.03.E, and 5.91.03, pertaining to drive-through facilities currently permitted as a use on review in the CR (Rural Commercial), CN (Neighborhood Commercial), and TC (Town Center) zones, respectively, by adding a reference to proposed subsection 4.108 pertaining to standards for drive-through facilities. (Ord. No. O-90-9-130, adopted 9-10-90, as amended. Planning Commission Recommendation: APPROVE amendments [as submitted] per staff on first reading.

Moved by Kim Frazier · seconded by Terry Hill