Knoxville City Council Meeting - February 3, 2026
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Good evening.
It's six o'clock.
I'd like to call this meeting to order.
We'll begin with an invocation led by Councilmember Dabarda Laban, followed by the Pledge of Allegiance led by Councilmember Lloyd.
Please rise as you're able.
For today's invocation, I would like to offer a moment of solace on behalf of two communities.
Our community of American cities experiencing fear instead of refuge.
Our unhoused community here in Knoxville experiencing the bitter cold of the last few weeks.
Please join me in silence.
Amen.
One nation under God with liberty and justice for all.
Okay.
Would you please call roll?
Councilman Adams.
Here.
Councilman Debarta Laban.
Here, Foss Mayor Fugood.
Here.
Councilman Grant.
Councilman Helsley.
Councilman Honeycutt.
Here.
Councilman Lloyd.
Here, Councilman Parker.
And Councilman Thomas.
All members are present, Mayor.
Okay, thank you.
Is there a motion on the minutes from our last meeting?
Motion made to approve.
Second.
Any questions or discussions?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
Are there any items to be withdrawn from tonight's agenda?
Okay.
Are there any items to be postponed?
Are there any items to be added by motion?
Okay.
Are there um there are no memorials?
Uh is there a motion on the consent agenda?
Move to approve.
Second.
Motion made to approve and seconded.
Any questions or discussions?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
Okay, time now for my mayor's report.
Um we are just getting through some very difficult weather last two weekends, and I just want to start by saying thank you to all of the city staff and community members who helped us uh get through this difficult time.
Uh during conditions like these, the city's priority is keeping people safe, keeping people moving who have to be moving, and keeping people sheltered.
And we did all three very well over the last few days and the previous weekend.
Our emergency operations center was activated most recently for 72 continuous hours.
And this is a an amazing group of professionals, city uh city departments, but also other departments in Knox County uh emergency services, the health department, uh, AMR, uh Knox County Sheriff's Office, all working together to keep our city and whole community safe.
They share emergencies, they respond to things in a collective, collaborative way.
Um and two roads were passable less than 24 hours after the snow stopped falling.
Uh shout out to our public service teams and fleet services team for making that run so smoothly.
And we served a record number of people at our warming centers and emergency shelters.
No one seeking shelter was turned away, and no one seeking transportation to shelter who we knew about.
Uh didn't get offered a ride to a warming center or shelter.
So thank you to all the city employees, volunteers, and residents who pulled together to keep everyone safe.
We all have the same goal.
Again, keeping everyone safe.
And this weekend was a prime example of what happens when we all work together.
Other things that are look to look forward to in two days, we will come together to celebrate the official grand opening of the urban wilderness gateway park's new pavilion and playscape.
It's supposed to be dry weather, a little cold, but I think it'll feel warm compared to what we have been experiencing.
This is one of the last pieces of the overall urban wilderness public amenities plan, which started under Mayor Rojero.
The new family-serving amenities, including four bathrooms, shade structures, a water refilling station, picnic tables, and play features that include slides and climbing areas built into the slopes using natural boulders and landscaping.
Please join us this Thursday, 4 p.m.
at the Urban Wilderness Gateway Park at 1250 Tilson Street.
More uh happy investments.
Uh this in the form of housing.
We will celebrate the groundbreaking of the Giffins Square project.
And we are really excited to help with this project.
It combines preservation of the historic Giffen School.
Councilmember Helsley, is this where you went to school?
Okay.
So you're uh it's vintage, not historic or something.
I don't know.
I don't know.
Okay.
Anyhow, I hope uh all council members can be there.
Um it also is gonna preserve the school and fill the need for more affordable housing in the city, and the end result will be 77 new homes.
So this is just a great repurposing of a building that has sat vacant for a while, a little while.
Um I hope you all can be there.
A quick reminder about our rules of decorum.
We are here to do the city's official business.
Those who wish to speak either to a specific agenda item or during public forum need to sign up with the city recorder.
That's Mr.
Johnson before 4 p.m.
Do not use profanity.
And when speaking to specific agenda items, you must stay on topic.
Remarks must be germane to the question ahead of the assembly.
That is statements must have bearing on whether the pending motion should be adopted or not.
Those who fail to adhere to these rules will be ruled out of order.
For those who are listening, please note if you disrupt a public meeting, you will be asked to leave or escorted out.
Thank you in advance for respecting these rules.
And that concludes my mayor's report.
Are there any reports of committees or council members serving on committees or boards?
Okay.
Councilmember Helsley.
Thank you, Baegger.
I was gonna do a report of my own on the warming centers, but I think Miss Reed is out here somewhere.
Raise your hand if you're here.
I don't see her.
Aaron Reed, are you here?
Erin Reed, are you present?
She's on her way.
She's on her way.
Okay, because I don't can we back up to that.
I just wanted her to give her a little overview of her department and the warming centers and how we got where we are, was what I was looking for.
Okay.
We can do that.
Can we back up to that since she's not here yet?
Well, um, yeah, we'll we can.
Okay.
Let's see if there's other announcements.
Um I'm not sure if she's like what just out stepped outside, or if she's like half an hour away.
There she is.
Okay.
Why don't we go to these other committee you know, reports or announcements and let Erin have a minute to take her coat off and uh get settled.
Miss Reed, welcome.
We're really glad you're here.
And council members just want a little update on the warming centers, if you wouldn't mind.
Uh well, but while you're just just take a minute, uh Miss Councilmember Parker, did you have an announcement?
Sure.
Um, and it's along the same lines.
Um I have been you know, just blown away by all the work by community members, by members of the city staff, by members of the Office on Housing of Housing Stability have come together to stand up these warming centers and work to ensure that that no one uh is left outside on our streets in this freezing uh weather.
But as many of you may know, um emergency uh services for um the most vulnerable in our community is something that's uh very important to me and something that I've worked on since uh first becoming elected.
Uh, one of the first initiatives that I brought before council uh was a resolution uh calling on the administration to establish emergency services fund uh that would provide some support to those who were shut in, the elderly, the unhoused, and others as the COVID pandemic uh hit our city.
Um following that we had guidance from the CDC about encampments and and how those should be run, and and I got really involved in better understanding uh not only our housing system but um but how people were surviving really on the streets each day and and what are we as a city doing to help them move them into housing and what are we doing that might uh be hindering uh that process in 2022 I traveled to Denver and learned a lot about uh the systems that they had set up.
Uh I visited with their alternative response program uh called Denver Star, and uh have promoted that idea here in Knoxville, and I also toured uh their services uh for the homeless community, which included safe outdoor spaces.
And these were managed spaces that sometimes it might look like a managed campsite that used these really strong army tents that could weather the storm.
And some of them, some of these managed spaces look like little tiny home villages.
And I just thought, and they moved folks.
Some folks would be able to be referred to these spaces right off of the street.
Some needed a case manager, but the whole system was set up to move folks from the street into housing, and they were having a lot of success.
And so I wanted to begin that conversation here in Knoxville.
The first thing I brought forward was a resolution to add to our zoning code.
The language temporary outdoor spaces for these campsites.
Well, we're supposed to just be announcements really more than that.
Oh, this is an announcement.
I'm getting them.
Okay.
Well, we'll start the timer just to keep me on track.
Okay.
But I was really excited when the Office of Housing Stability was created and the work that has been developed so far to establish our warming center network.
I think it's really incredible and important work.
And I'm happy to that that they that they have finalized their strategic plan over the next two years.
And now that that is finalized, I feel as a city we not only should support that strategic plan financially, but but be open to having a conversation right now.
Recognizing all that we have done, where are the gaps still and what can we do?
What can we do as we recognize the number of lives still lost on our city streets?
Is there more that we can do?
And some of these ideas that I've seen in other cities, I want to propose here in Knoxville.
And so my announcement.
One is when do warming centers open and what is that process.
I saw an example out of Louisville that creates a really interesting program where they promote, you know, starting in November that area property owners become a part of the network and offer up their properties to serve as emergency shelter for very short term period.
Um very clear standards for what that would look like and the type of support they would get to make that happen.
I think something like that could happen here in Knoxville.
Um that would mean looking possibly into our zoning code if we really wanted to establish something more accessible to more people in the public.
My understanding is in order for warming centers in our community to operate more regularly, more days out of the year, uh, more support's going to be needed.
Uh the folks who chipped in and pulled volunteers together to host these warming centers are already doing so much and and pretty much tapped out.
So, how can we pitch in and help warming centers not only continue what they're doing but also expand those services so that we can open up before those freezing temperatures hit.
And then, you know, finally, what I've been talking about is that support if we establish some sort of dedicated fund similar to what we've done with affordable housing, that would give us this dedicated funding that we're aware of.
Like we said, with other commitments that we've made as a city when we uh when we want to encourage you know certain developments moving forward, it's helpful for the community to get understanding of the level of investment and commitment that the city is making towards that effort.
And I hope potentially you know encourage others uh to join with us.
And often when we see those public dollars invested, uh, we see even more private dollars that come along beside it.
So I just wanted to take this moment before we started the meeting.
Took a little bit longer than I wanted to, but uh to just to let you know that I'm bringing uh three things before council uh in a couple of weeks.
But I want to start the conversation now.
If you want to be a part of this conversation, I'll welcome you to be a part of this conversation.
Please reach out to me, tell me what you've seen and where you see the needs and where you see the gaps.
Um, because I hope that we can come together and obviously we're not gonna solve all the problems overnight, but we can take another step forward uh to see how we can address um some of the concerns that are coming from the community and get even closer to having no one uh who dies of a weather-related cause in our city.
So that's all.
Thank you.
Thank you.
Um council.
I'll go back to Miss Helsley.
Um, Miss Reed, uh Councilmember Housley um was using her announcement time to ask you to share an update on the Office of Housing Stability's work, uh, particularly during this harsh weather.
If you could do that, and we'll have up to five minutes where Miss Housey has the floor, and she's asked you that question.
Thank you very much.
Uh so it's always an honor to address this body.
Thank you.
Um I'll give you a very, very brief history of warming centers.
Um, since some of you may not be aware, this is the third winter in a row that we've had centrally coordinated warming centers.
They existed before that as individual churches decided to open their doors.
Um that was one of the gaps that we noticed right when this office was stood up.
Um, well, technically in 2024, though I started earlier than that, um, was that we did not have enough shelter space.
Um starting about 2018, our homeless population began to grow.
Between 2018 and this year, it has just about doubled.
Uh, but our service sector has only grown about 15 or 20 percent.
Specifically, our number of shelter beds has grown by 16 percent in that time.
So um it's not uh surprising that we're in the position that we're in having so many people on the street in need of shelter during dangerous cold.
Um we started working with churches.
The 25 degree threshold was set as a way to uh use churches' resources judiciously.
Um churches can't be open all the time.
Their buildings are used for a lot of other things, child care, recovery meetings, things that are important to the community, but they wanted to help when help was needed most.
Um, and so looking at historical weather data, we saw that a threshold of 25 degrees would mean that they would be open about two to four weeks out of the winter.
We're right at three weeks this winter that they've been open.
Um what I know from the warming centers that we're working with is that um you know they really can't be open any more than they are right now.
Um church-based warming centers.
I mean, councilwoman Parker said volunteers are pretty tired right now, and that's definitely true.
Um, we do have other uh contingencies in place at temperature thresholds above 25.
So when it's 32 or below uh CARM and VMC both hang out the white flag, and their facilities are open all day for people to come in to get warm.
Uh CARM definitely um pulls all the stops at night when it's very cold, uh and they have some surge capacity that they can take advantage of during those times.
Um 25 degrees is not the threshold at which services begin in our community, it's merely the threshold where warming centers open.
We have other services, other additional services and surge capacity that open at 32.
Councilmember Housley.
I appreciate it.
Thank you so much.
You can leave now.
Thank you.
Thank you.
I'll just add that that I'm really grateful for council's support.
Many of you are new to council, but uh this was stood up in partnership with the you know previous councils and also with Knox County.
That it's the full name of the Office of Housing Stability is the joint office of housing stability.
And as we all know, every single city of Knoxville resident is also a Knox County resident, so we're really grateful for that partnership.
Um it's I think that's really important because we need the whole community to help address these issues.
Um I'm not sure who was next.
Maybe it was Miss Adams Councilmember Adams.
Uh thanks.
I just wanted to um give a shout out and thank you to KUB and KPD.
Uh the first district in Fort Sanders had uh significant water main break.
If you saw the news, you saw the the flowing water, and uh uh they were able to get that situation under control really quickly thanks to KPD notifying uh KUB and KUB acting swiftly so that um people weren't um at risk for very long and then they've already um taken care of the issue and repaired it.
So just want to say thanks to those uh entities taking care of things.
Thank you.
Uh Councilmember Honeycutt.
Yes, so I just have two brief uh uh updates or comments.
Um first is uh I'd like to recognize Dwayne Greve, who is the former second district council member and former vice mayor on his retirement from the East Tennessee Community Design Center this week.
So uh he's been a great service to his community uh and and deserves our appreciation.
There's a reception for him at the design center on Broadway, uh, which is next to WATE for those that don't know, on February 11th from 4 to 6:30.
So all of council and community members are invited to show their appreciation for him.
Um I also want to thank uh you know our public service department, uh our public safety officers, and really all the city departments uh for their proactive uh engagement during our our winter weather and our storm.
I I felt like they did a great job, and most and our residents did too.
Uh and so I just want to I know you all were working hard while the rest of us were staying warm, and I just want to say thank you uh with deep appreciation for that.
I also uh to second councilwoman Parker's appreciation for the warming centers.
Uh and I want to show gratitude to the volunteers, both uh at the Salvation Army and the churches.
I can't speak to all of them, but you know uh my wife and I were fortunate to visit the warming center at Cokesbury, which is in our district, uh, and got a tour to understand uh their needs and and their program.
I encourage anyone that's interested.
They do need donations and most importantly, volunteers, not just at Coxbury, but all the warming centers.
So if you are interested and passionate, that's their number one need is people's time.
So I encourage you to go to their websites uh and give both.
Thank you.
Thank you.
Uh Councilmember Grant.
Uh yes.
Um, first and foremost, I want to say um happy black history month.
Um the Bet Culture Center is going to be hosting a number of events each Saturday this month.
And so I want to encourage those in the community who have the time if your schedule allows to visit the Bet Culture Center.
A lot of good ideas, a lot of history there.
Um want to echo again what you know, my fellow council members and mayor said.
Uh you know, KFD, KPD, and our our public service and fleet service, they did a real good job over the last couple weeks.
I had a fortunate opportunity uh to visit to do a site visit um to learn more about the work that they do.
So I want to say thank you for that.
Um also want to send thoughts and prayers to former Knox County Commissioner Diane Jordan.
Uh let's keep her uplifted in prayer.
Um she's battling some health issues at the moment, and so if you you know if you do have some time, uh please lift her and her family up in prayer.
And I also want to send a shout out to Knox County School students, uh those teachers and students who uh took the time this last Friday to get out and let their voice be heard.
Um I think it was motivational even as an adult to see young people uh standing for something that they believe in.
And so uh as I echoed uh Friday, continue to do the work, um, and we see you.
Um thank you.
Thank you, Councilmember DeBarta Leiban.
Um, I want to add one final thing.
So I do think it's commendable the way our city services reacted, uh our warming centers.
I especially got the experience the Eternal Life Harvest Center.
So grateful for those services, uh great work.
Um I do agree with Councilwoman Parker.
Our unhoused problem continues to grow.
There's an opportunity for the way that we address it to grow with it.
And so I look forward to this discussion.
Thank you.
All right, moving right along.
We will go to item nine B, please.
9B is a resolution confirming the reappointment of Dennis Murphy and Ben Ream and appointment of Jack Coker to the better building board of the City of Knoxville.
Move to approve.
Motion made and seconded.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
I do want to recognize Jack Coker.
He's in the audience today.
Any other members who are being re-confirmed, you know, confirmed today.
Uh, we appreciate your service.
And Mr.
Coker, welcome aboard.
Next item, please.
9C is a resolution confirming the reappointment of Will Dorsey, Mark Grayson, and Ashley Beals Pace to the City of Knoxville Public Arts Committee.
Move to approve.
Motion made to approve and second it.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
9D is a resolution appointing Councilmember Nathan Honeycutt to fulfill the unexpired term of Vice Mayor Lynn Fugitt as City Council's representative on the city pension board.
I'm moved to approve.
Motion made and seconded.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
Congratulations and thank you, Mr.
Honeycutt.
Thank you, Ms.
Vice Mayor Fugit, for your service on that board.
9E is a resolution approving the appointment of the chair and members of the city's city council's audit committee.
Move to approve.
Second.
Motion made to approve and seconded.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
9F is an ordinance appointing Councilmember Doug Lloyd to serve as the chair and member of the Knoxville Golf Course Advisory Committee.
Moved to approve.
Motion made to approve and second it.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
Thank you, Councilmember Lloyd.
9G isn't resolution confirming the nomination and of members to serve on the City Council Rules Committee and as chair of the committee.
Motion made to approve and seconded.
Councilmember Parker.
Thank you, Mayor.
I need to actually make a motion to remove myself.
Unfortunately, I'm not going to be able to serve on this committee in this year.
If I could get a second motion to amend the roster, uh has been made.
Is there a second?
Okay.
Uh motion to amend the roster to remove councilmember Parker at her request has been made and seconded.
Any questions or discussion about this amendment?
Council Vice Mayor, sure.
I'll be bringing back another person because we must have three.
We must have um three.
Council sitting council members, and so that leaves us what we're gonna approve tonight is two, and I'll bring another one back.
Next time all right, did we already vote on the amendment?
I don't think all those in favor of this any further question about this amendment of from of Ms.
Parker asked it to be removed.
No, seeing none, all those in favor of the amendment, please say aye.
Aye.
Any opposed?
The amendment passes now back to the original motion as amended.
Acknowledging Vice Mayor Fugit's uh that will recruit another person to join this among you uh and bring it back to you in two weeks.
That's that four portion.
So you're just voting on the amended motion.
Any further questions or discussion, Vice Mayor?
No.
Sorry.
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
9H is a resolution appointing City Councilmember Debbie Helsley to serve as an ex officio member of the board of directors of the Knoxville Zoological Gardens Incorporated.
Motion made to approve and seconded.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Aye.
Any opposed?
Motion carries.
9i as a resolution appointing Councilmember Denzel Grant as a member and chair of the City of Knoxville Public Property Naming Committee.
Move to approve.
Second.
Motion made to approve and second it.
Any uh council member Helsley.
I just said second.
Oh, you didn't have any further questions or discussion.
Any other questions or discussion?
Seeing none, all those in favor, please say yes.
Yes.
Any opposed?
Motion carries.
Just keeping you on your toes there.
Uh okay.
11J is the resolution approving an appeal by Leland Hume, Leland C.
Hume and the West Hills Community Association of the approval of the Board of Zoning Appeals to decrease the minimum required lot width per townhouse dwelling unit from 20 feet to 9.5 feet per Article 4.3 table 4-2 for probably located at 962 North Gallagher View Road or Drive, rather, RN4 zoning district, second council district.
Okay, council.
Um this is our first appeal that we've heard since you updated your rules.
So I'm gonna um just let you guys know what those changed rules are and bear with me as I try to implement them as you have set forth.
Um I'll be calling the appellant, uh the person who's brought the appeal.
Uh they will have up to 15 minutes to present the case, and it used to be each they had you know up to three people five minutes apiece, but uh the rules have been adjusted so they can use uh call as many speakers as they wish as long as they adhere to the total 15 minute time limit.
So um appellants be ready to uh come up to the podium and you'll have up to 15 minutes total.
You could use three speakers, one speaker, 15 speakers, one minute each, whatever you want.
But that that's up to you guys to organize.
And I do ask for the record that as you come uh to speak on this issue, you state your name and address for the record.
Um and then Mr.
Hume, just wait.
Uh I want to explain the rest of the rules before we get started.
Um, and then when their 15 minutes is concluded, uh the people in opposition the uh can uh come up to you know have up to 15 minutes to state why they are opposed to this appeal.
Um if there's no named opponent, persons opposed to the appeal may respond maximum of five persons may speak no more than three minutes each.
We have a name.
We have okay.
We do have a named app.
Okay.
Um and then if there is a opposition, then the appellant shall have up to two minutes for rebuttal.
And then at the conclusion of all of those steps, uh up to 30 minutes of 32 minutes.
Uh council may deliberate and consider motions and seconds and so forth.
Okay.
Any questions about the rules?
Mr.
Johnson will keep the run the clock running.
All right.
Uh Mr.
Hume, if you could start.
Thank you for uh are you gonna just put it at 15 minutes?
I am a minute.
Okay.
We'll just we won't start the clock until the technical issues have been resolved.
If you could just wait for just a minute.
We can always use the phone.
You got it?
Okay.
All right.
You may yes, no, it's not on.
Turn the little, it'll turn red the light on the phone.
Yeah, it's on now.
That's it.
You're on.
Okay.
Okay.
Very good.
Thank you.
Please go ahead.
Start by stating your name and address for the record.
Thank you, Mayor King Canon.
Uh good evening, Mayor King Cannon and members of City Council.
My name is Lee Hume.
I live at 6902, Haver Hill Drive, Knoxville, Tennessee, 37909.
I currently serve as president of the West Hills Community Association.
On behalf of adjacent homeowners and those living in the immediate area of the proposed project at North Gallagher View Road.
We are appealing the BCA BZA variants at 962, North Gallagher View Road.
For your reference, we have furnished a handout.
Uh with the site plans of the current proposed development and the one that was proposed previously in 2024 to illustrate two different perspectives about how this site could be developed.
I will now turn the podium over to Mr.
Larry Silverstein, a concerned Westfield neighbor and attorney who will detail specific reasons based on the law why we respectfully ask you to deny the variance.
Thank you very much.
Larry Silverstein, 7808 Sheffield Drive.
I'm speaking on behalf of the West Hills Community Association and homeowners who live near the subject West Hills property.
We appealed the decision by the City of Knoxville BZA, which on November 18th, 2025 granted a variance in a 3-0 vote to reduce the minimum lot width for a town home from 20 feet to 9.5 feet for the parcel at 962 North Gala Harview Road.
City Council's role to hear appeals from BZA decisions is considered a quasi-judicial role.
You must follow the law of the City of Knoxville in the City of Knoxville zoning ordinance and the state law.
Article 163 deals with variances and contains the purpose, procedures, standards, and requirements for the granting of a variance.
You must decide based on the evidence presented to you if the variance should have been granted by the BZA.
Does it meet the required standards for granting a variance or not, as well as the Tennessee Statute 137207 and the state case law.
The only issue before you is the appeal of the granting of the variance.
Documents were sent yesterday to you in accordance with City Council's practice on variance appeals.
That material discusses an important 2024 Tennessee Court of Appeals case, read versus town of Lewisville, Tennessee, among other things.
A single family house, long vacant, was built on this property in 1920.
The property was purchased on December 1st, 2017 by Mainland MCA Knoxville, a Nashville company.
An option to purchase the property from mainland and to build a memory care center fell through after the property was rezoned from R1E to planned residential in 2016.
Through Recode, the three-year effort rewriting the zoning ordinance, future planned residential districts were eliminated and the property became R and 1 in 2020.
The zoning district contains transition rules, which acknowledges properties previously zoned as a planned district.
A C designation was put on the zoning map identifying these properties.
The transition rules ensure the property would be developed under the planned residential zoning requirements unless and until the C is removed by a vote of City Council at the request of the property owner.
In 2024, Homestand Land Holdings intended to build 24 town homes, and the property was rezoned from R1 to RN four.
Although Homestead walked away from the purchase, the C designation remained until removed December 9th by City Council in a 5-4 vote.
With planned residential requirements, this property could have been developed with town homes without a variance.
Mainland could have kept the sea in place and avoid needing a variance, but chose not to do that.
The owner likewise could build a public street to serve the townhomes instead of a private driveway.
At the BZA meeting, Mark Real, the city zoning officials, stated the owner would not need a variance if there was a public street.
The owner has chosen not to build a public street.
Now under R and four, the minimum lot with regulation went into effect, which resulted in the variance decision appeal now before you.
Mainland applied for a variance July 7, 2025 to be heard by BZA on August 19th.
At the August meeting, Mainland requested a postponement.
We were present and had submitted a letter to BZA on August 18th, stating our objection to the variance.
Mainland again requested was granted a postponement for September and the October meetings.
The BZA November 18th meeting approved the requested variance to reduce the minimum required the required minimum lot width for townhomes in an RN4 zoning district.
We were not present at the November 18th BZA meeting.
The reason we were not present was because this variance request and two other different items have been postponed several times.
Based on emails we received from the owner as recently as a week before the BZA meeting regarding their intention to again postpone the related items.
We believe the variance item was going to be postponed again as well, and therefore we did not attend the meeting.
However, our August 18th letter in opposition to the variance was part of the record and noted at the November 18th meeting.
The requested variance is to a dimensional standard in Table 4.2 of Article 4 of the zoning ordinance.
That table shows minimum lot width for townhomes is 20 feet in R and 4.
Article 163.3 of the zoning ordinance deals with variances.
Section A purpose states the purpose of the variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of the zoning regulations of this code that create practical difficulties or particular hardships.
Section E standards.
Five standards are listed.
The BZA may authorize a variance from the strict application of this code so as to relieve such difficulties or hardship only in accordance with all of the following criteria.
Number one, variances will be granted only where special circumstances or conditions, such as exceptional narrowness, topography, or sighting, fully described in the findings of the board, do not apply generally in the district.
End quote.
Our response is that the topography of the property is very similar to that of many other properties in the area, as can be seen from the topography map.
The difficulties and challenges mentioned at BZA that apply to this property apply to many properties in the area.
West Hills has many hills, streams, trees, and properties protected by the hillside and ridgetop regulations.
This property includes one of the four acres that are somewhat protected from disturbance by hillside protection.
That area is on the edge of the property on two sides.
Most of the property where the development would be located is flat.
At the BZA meeting, the applicant mentioned six topographic challenges, including, quote, 22 feet in elevation change between Gallagher and the building pad.
Most of that elevation is right at the property line nearest to the Gallagher View Road.
However, the site plan shows many of the proposed units would be close to that area.
Thus, the elevation change does not require a variance for development.
The requirement for a large retention pond to address stormwater problems applies to all large properties and is not grounds for a variance.
The no-fill zone and creek apply to all properties included in the flood area, not just this property.
Any changes to this property that resulted for road improvements affected many other properties.
The road improvements were completed many years prior to mainland purchasing the property.
Mainland knew what they were buying in 2017.
Mainland simply does not need a variance to build townhomes.
Mainland needs a variance to increase the total number of units to 32, more than double what the zoning ordinance requirements for R and 4 allows.
It was stated that the BZA meeting, quote, these unique hardships leaves us with one feasible location for that development, end quote.
That is not a correct statement, as the site plan in 2024 was totally different from the 2025 site plan.
The 2024 plan had six buildings with 24 units and with a different access to the property with a public street from Mars Hill.
The 2024 developer homestead purchased a small piece of property on Mars Hill for access.
No variance was necessary.
Mainland could purchase the property from homestead.
The current site plan prov proves the quote challenges have not prevented development with 32 units and a circular driveway and thus do not support a variance.
The standard has not been met.
Variances will not be granted to allow a use otherwise excluded from the particular district in which requested.
Our response is this standard does not present an issue for the property.
Number three, for reasons fully set forth in the findings of the board, the aforesaid circumstance or conditions are such that the strict application of the provisions of this code would deprive the applicant of any reasonable use of his or her land.
Mere loss in value does not justify a variance.
There must be a deprivation of beneficial use of the land, end quote.
Our response is that this standard has not been met.
Every word in an ordinance is important.
The word any before a reasonable use of his or her land is very significant.
So the owner must show that the ordinance will deprive him of any reasonable use of his land.
Clearly, the owner has many options for developing.
At BZA, they said in comparison to other uses, if this was 48 duplexes, 34 mobile homes, 34 single family houses, we would not need to vary the lot or the width per dwelling unit, end quote.
Thus he told BZA that he has several reasonable uses of the use of the land options under the existing zoning ordinance.
The owner's proposed site design and number of desired units creates their inability to meet the requirements of the ordinance.
They have created their own hardship.
Mere loss in value does not justify a variance.
Neither the land nor the zoning ordinance caused a hardship.
This standard has not been met and was not even mentioned at the meeting.
This property has 305 feet of road frontage, which allows up to 15 townhomes to be built without a variance.
The owner just can't build 32 homes under the town ordinance, the zoning ordinance that he disagrees with.
Number four, any variance granted under the provisions of this section must be minimum adjustment necessary for the reasonable use of the land.
Our response is that the variance granted was not the minimum necessary for the reasonable use.
The owner does not need any variance to have reasonable use of the land.
This standard has not been met.
Number five, the granting of any variance is in harmony with the general purposes and intent of this code and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the general plan.
Our response is the required variance would allow a more intense development than the co zoning code intends and would be injurious to the neighborhood and the surrounding properties, which are RN1 single family homes.
Variances run with the land, and any variance granted would be available to all developers, not just this one.
Section 16.3F requirements for the granting of variance states before the board shall have the authority to grant a variance.
The person claiming the variance has the burden of showing number two that the literal enforcement of the ordinance will result in unnecessary hardship.
There has been no showing of hardship from the ordinance.
He just can't maximize his profits.
At the BZA meeting, Chairman Amy Sherrill asked a question about getting a variance.
And then you go to planning.
Then she asked, and what happens if variance is granted and then it doesn't pass planning?
It's sort of void because it's per the site plan.
Question mark.
The answer provided by Mark Real said correct.
That answer is incorrect and misled the BZA members because the variance runs with the land.
It doesn't disappear or become sort of void.
Shortly thereafter, Member Odal stated, I'll make a motion to approve BZA 250059 as it's submitted on the basis of the discussion.
It was seconded, and then Amy Sherrill asked, is that enough on the basis of the discussion enough for state law?
City Attorney McGrans replied, uh, yeah, that's fine.
The BCA process failed to discuss the zoning ordinance standards or make findings.
It does not follow the law set out by the Court of Appeals in the Reed case.
We provided counsel detail about the 2024 Tennessee Supreme uh Tennessee Court of Appeals case, Reed versus Town of Louisville, which reversed the Blunt County Circuit Court and the Lewisville BCA and denied the variance to increase the maximum height of a non-attached garage 50 percent higher than allowed in the local ordinance.
The court found that the grant of a variance unsupported by material evidence of any particular characteristic of the subject property warrant that warranting the grant of a variance and any hardship was, quote, personal to or created by an owner.
The court said the grant of the variants was illegal and exceeded the BCA's authority.
This decision strongly supports the denial of the variance in this case.
The BZA process failed to discuss the zoning ordinance standards, which were not met, nor make findings, nor follow the law set out by the Court of Appeals interpretation of the state statute.
We ask that you vote in favor of our appeal and please deny the variance.
Thank you for your consideration.
And sorry for the rush job.
Thank you.
Mr.
Silverstein.
Um other um members of the appellants side wish to use the last minute.
I'll take that as a no.
We'll move on to the next side.
Uh people who want you to deny the appeal or against the appeal.
Well, three people have signed up.
You have up to 15 minutes total.
However, you choose to divide that.
Um Adam Contop, if you could start, you state your name and address for the record.
Just wait till we get that number, the clock ready.
It is ready.
Please go ahead.
Adam Comes up 1025 Knoxville, Tennessee.
I was the applicant, and I'm deferring to our attorney Ben Mullins.
Okay.
Scoot this back here.
Good evening.
Uh Ben Mullins, 550 West Main Street.
I'm the attorney for the applicant.
Appreciate the time to address you all.
I think it's the first time I've addressed many of you all at this podium, so uh a lot of new faces happy to see you here.
Um I sent a letter out this morning.
I was understood that the letters were supposed to go out today, not yesterday, so I apologize for not getting it to you earlier.
I hope everybody's had a chance to uh review that because I will agree with Mr.
Silverstein that you have 15 minutes.
I do appreciate the new rule of 15 minutes, by the way, Councilmember Fugit, but 15 minutes is still hard to address an issue like this.
Uh so that letter is very important as it sets forth in more detail the rationale that we're um traveling under this evening.
Um this is an appeal from the Board of Zoning Appeals who granted unanimously uh uh a variance reducing the minimum lot width per town home dwelling from 20 feet to 9.5 feet, pursuing to Article 4.3 table 4.2.
Um RN4 is a very unique ordinance, very difficult to interpret sometimes.
And in this property, uh the town homes require a minimum lot width, but that does not mean that these town homes are going to be 9.5 feet wide in their lot width.
They're actually greater than the 20 feet.
They're just oriented towards an internal street system, not towards the public right-of-way.
And the way Codes has interpreted the zoning ordinance is that the width uh must be oriented towards the public right way or have that average lot width.
So that 20 feet is based upon their determination of where the public right-of-way is.
And as Mark Real uh said during the meeting, um, you have the transcript in in front of you.
He said, let me find it exactly here.
So that they could estimate the property's lot width.
And uh in my letter, I gave you the diagrams they used to estimate that the law the frontage was actually there along Gallagher View, even though it really doesn't have frontage on Gallagher View.
It doesn't have frontage on Mars Hill.
It doesn't have uh has frontage on an unimproved part of Robinson Road, but that part is not improved at all.
So they determined that the frontage was on Gallagher View, and that was 304.5 feet.
Um with the topographical constraints with how you have to access the property to avoid the hillside protection, to avoid the floodway, to allow for the detention that would be required for this property, the stormwater detention.
We had to create this internal street system uh and oriented our townhomes really and the only place that they could be oriented on this property.
Uh all of them again have your lot widths.
I think the minimum is 23, and I think we have some that are 25 feet wide.
So they're wider than what the ordinance requires.
It's just this unique application of this interpretation, it was requiring the variance here.
Now I want to jump ahead a little bit.
Mr.
Silverstein mentioned the 2024 homestead land uh and gave the copy of that site plan.
That site plan doesn't apply here.
That site plan includes property that we don't own.
So we can't access it along Mars Hill, and beside the fact that the neighborhood asked us not to try to access it along Mars Hill.
That property that they moved forward to had property involved in it that we don't have, so we can't do what they did.
We have a different piece of property here in front of you, which is why we're accessing it.
Really, the only way this property can be accessed along the existing driveway that's there now.
Um let me address the the criteria for the variances, and we and Mr.
Silverstein went through them each one by one, and we did a a table kind of outlining our response to that with uh with the criteria of 16.3 point e and you again the issue with the frontage makes this really unique, makes it really difficult to interpret, which is why we need an interpretation as to where is the frontage to begin with and how wide is it.
Uh there is a 22-foot elevation from the bottom of the property line up to where our building pad is, and you'll see in our site plan that our uh buildings are located outside of that 22 foot elevation as it goes up.
The property is almost 3.95 acres, which requires special stormwater considerations, which then limits the orientation of where we can put the uh the lots.
Um again, we mentioned the access uh issues uh with this as well.
And what's interesting is that Mr.
Silverstein is arguing that there's no unique site conditions here, yet when he was advocating against the removal of the plan designation and to keep the planned zone in place, he said during the August 20, August 14, 2025 meeting, and these are exactly his words, and I gave you the hyperlink to the video, many properties were zoned with the planned zone because they had environmental or other constraints.
This is one of the properties with hillside and floodway issues as well as access issues.
So they acknowledged previously that this had hillside and floodway and access issues, and it does.
Now, let me address the argument that well, lots of properties have hillside floodway and access issues.
And they do, but we're looking at a combination of all of those issues that are unique to this property in with regard to the orientation, uh, which is why variances, you know, do look at the specific properties involved.
Uh town homes are permitted in the RN4.
Uh and if there were, if this were a perfect piece of property and you're just looking at the townhomes that were involved, we could do up to 57 town homes, but because of the constraints, we can only do 15 without the variance and 32 with the variance.
But even those those 15 would have other issues that would be involved.
Um let's talk about the uh reasonable use and the beneficial use.
It is, as I understand the appellants' argument, their argument taken to an extreme is if there's any use that can be done on this property that could theoretically built be built without a variance, no matter how slight or nominal, then no variance could even be granted.
Uh this logic renders the entire concept of variance in the code impotent, and clearly that's not the intent of the code.
Um Mr.
Silverstein mentioned this uh Reed versus Town of Louisville case, and I know a little bit about that case.
I was actually involved in that case, and my firm was.
You'll look at the the prevailing party, the ones that were challenging the case uh were my law partner, Matt Grossman and my associate Richard Graves.
I worked with them a lot on this case, even though I wasn't on the appellate brief.
And what the Reed versus Town Lewisville case, in that case, he wanted to build a building that was taller.
He said at the BZA, there's no site constraints.
We're not looking at any topography, I just want to build it taller.
And the Board of Zoning Appeals granted that because they didn't think it would do any harm.
And what the Court of Appeals in that case said, they said two things are important, and I think that are relevant to this case.
One, they looked at the state statute, because the trial judge said, well, I think the the ordinance and the uh allows more expansive uh considerations for variants.
And no, the the Court of Appeals said, no, you can't go beyond what the state statute enabling statute said, and that's 1372, which is interesting because Mr.
Silverstein did put that in the record, and I appreciate it.
But that statute uh does not mention a deprivation of reasonable use.
It does not mention a uh denial of any beneficial use.
What it says is get it here.
The standard it actually implies is where by reason of exceptional narrowness, shallowness, or shape of a specific property, which we do have a unique shape here with regard to its orientation to the right-of-way, or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such a piece of property.
And these are the things that we've been talking about.
The strict application of any regulation would result in, and this is the standard, peculiar or exceptional practical difficulties, not a deprivation of any beneficial use.
And what the Court of Appeals said is you have to follow what the state statute says.
You can't go beyond those parameters, and also says there has to be a site-specific constraint, which we all know, which is what we've been talking about.
We do believe we've been denied a beneficial use because otherwise uh we we would be able to build this property.
Now, they mentioned the fact that we the our engineer referenced uh potentially doing 86 multifamily homes, 34 single family homes, 34 uh mobile homes, or 48 duplexes.
And that's just applying the dimensional standards to the acreage itself.
In order to know exactly what could be built, as any architect or engineer would tell you, you've got to do a site plan, you've got to look at everything and do that.
So that's just what's theoretically possible.
None of those uses have this minimum lot width that would require this variant.
So that was the point of pointing that out.
Only townhomes have this lot width requirement, which is based upon its frontage.
Here the frontage is is unique and required an interpretation from the code's uh officials.
And here we're actually meeting that lot width requirement with regard to the uh actual townhomes.
It's just not oriented towards a public street.
So this isn't about mere economic loss.
Uh this is about doing something that is reasonable for the property that has been rezoned to RN4.
The sector plan and one year plan was changed to medium density residential to contemplate exactly this type of development.
We've talked about doing developments like this with access to greenways, which this has, with access to public transit, which this has, along major corridors, which this has.
It's is essentially at the corner, those little remnants that kind of cut off the front edge of side, between a minor arterial with Gallagher View Drive and a major arterial with uh Middlebrook.
So we believe this meets the intent of the code, it meets the criteria of 16.3.
It certainly meets the criteria of uh 13 uh 7207 with peculiar circumstances of the land.
We believe the Board of Zoning Appeals considered all of this, made the right decision, and granted the variants, and we ask that you do the same.
You deny the appeal and uphold the variance as well.
I'd like to yield the rest of my time uh to Mr.
James Lennon with uh mainland.
Thank you.
Thank you.
If you can state your name and address, please.
My name is James Lennon.
Uh I work for the mainland companies, which is located at 1905 Ackland Avenue in Nashville, Tennessee.
Uh, my company is the owner of 962 North Gall Herview Road.
Um, and and first, if I just may, I I'd like to wish a very happy birthday to my daughter, Cecilia.
Um she's uh watching on the live feed.
She uh she turned nine today, so happy birthday, Cecilia.
Um anyway, council members.
Um thank you for having me here.
It's good to see uh some of you again, and uh and I look forward to getting to know um uh the the new the new folks here.
Um my company, we're pursuing the development of 32 for sale townhomes on this property.
Given the site's location at the intersection of two arterial corridors, we thought that this was an appropriate use, a reasonable use, uh, as it transitions from the multifamily and commercial properties that are across the street uh and down down both corridors um towards the single family neighborhood that's to the rear.
So consistent with the rules and procedures of R and four zoning, um, we're gonna go before the Planning Commission for special use approval.
They had directed us to go to the BZA first for the lot variants.
Um but uh but I will just say we've been at this process for a while.
Um we've been on the agenda, as Mr.
Silverstein noted, we we deferred a few times.
Um that was at their that was at the request of the West Hills Um Neighborhood Association.
Um we took a hard look at planned residential.
Y'all were a lot of you were here.
There was a lot of uh just I won't go into it.
Um and um and um we we we didn't do that, so we're we're back on this path.
We are looking forward to maintaining a good working relationship with West Hills.
We've um we sat down with them as recently as January 15th, um, went through the plan, talked about landscape buffers, talked about little tweaks that we could do um to to you know to sort of make it uh mitigate it.
Um we think that this is an appropriate use for the site.
Um personally, I serve on the Board of Zoning Appeals uh in my town back in Nashville.
I I think the BZA here got it right.
Um so I uh while I'm not as familiar with the codes of Knoxville.
I am very familiar in the enabling state statutes, and their decision is consistent with that.
So I believe they made the correct interpretation.
Um beyond that, I believe that our project is appropriate for the site.
I think it's gonna be a benefit to Knoxville, and I think it will make 32 future homeowners very proud.
So I believe Ben addressed the legal questions.
That's all I got.
Thanks.
Okay, thank you so much.
Okay, now um the proponent, uh appellant.
Uh you can have up to two minutes for rebuttal.
If you could wait till while we get to the clock set.
Two minutes.
Okay.
Mr.
Silverstein, two minutes.
Okay.
Larry Silverstein.
Please look closely at the current site plan.
It clearly shows that almost all the property is being used to construct eight buildings and with 32 townhomes with a large circular driveway and retention pond.
Some land is used as a setback.
At the BZA meeting, the applicant's engineer spoke of, quote, several challenges that have caused us to request a variance.
He mentioned, quote, the lot has significant topographic challenges.
However, none of these items require a variance be granted for the site plan.
The land issues did not cause a hardship that precluded development of 32 townhomes.
The zoning ordinance is clear.
Article 16.
The standards have not been met.
The standards were not even discussed at BZA, and though findings were made to support a variance.
The word hardship was not mentioned by BZA members.
The holding in the read case of at page 13 stated, quote, both Tennessee code annotated section 1372073 and the section of the ordinance, the local ordinance, require a showing of some peculiar physical characteristic of the subject land in order to grant a variance.
In addition, BZA made no finding of any particular characteristic of the real property that created a hardship.
Instead, any hardship in this matter is clearly, quote, personal to or created by an owner, and is insufficient to justify the grant of a variance.
Ergo, the BZA acted illegally and outside of its authority and granting the variants.
This interpretation of the state statute supports our argument that the variants be denied.
We request that you vote in favor of our appeal and deny the variance.
Thank you for your consideration.
Thank you.
Council, that concludes the procedures for appeals, and now it's in your hands to um discuss.
Make motions.
Councilmember Houseley.
Okay.
I just was going to say a majority of council has already agreed with planning commission to rezone this to RN4.
The purpose of that zone is medium density, which is perfectly suited to townhouses.
I believe BCA's determination was correct, and I I'm going to vote to deny the appeal.
According to Article 16.3 of our code, the purpose of a variance is such that relief may be granted from unforcing of applications of the zoning regulations of this code, strictly applied.
The code for R and 4 seems to assume all lots are urban and smaller.
In this instance, there's a large parcel suitable for the proposed use.
It seems the code is requiring only only certain types of lots to be suitable for RN4.
In that case, it seems a variable is reasonable if we're going to keep the dimensions in the code so narrowly defined.
And once again, if not there, where you council member Honeycutt?
Yeah, they don't need a motion.
Are you making that a motion to deny?
Just in discussion.
Yes, it's a motion.
It's a motion.
Okay, is there a second?
Is there a second?
I'll make a second.
Okay.
Motion to deny has been made and seconded.
Councilmember Honeycutt?
Yes, absolutely.
Uh I think uh because this is an appeal, which is a very different kind of uh situation for a lot of people.
I'd just like to ask some clarification questions from our attorney, Mr.
Frost.
Uh first and foremost, um, is it acceptable for city council members to ask questions of planning as part of this process at this point?
And or the applicants and/or the the parties involved.
Sure.
If a member from uh I know Mr.
Ahrens isn't here tonight.
I saw Mr.
Barry on the way in.
If he wants to come on down and ask and answer questions, that would be that's acceptable for us.
Yeah, and if you want to ask uh the proponent or the opponent, that would be fine.
Okay.
The uh another couple questions quickly for you.
Can you confirm for the record that council's role tonight is to apply the variance standards in the zoning ordinance and that this is a legal determination rather than a policy use or housing supply decision?
Uh that's correct.
Uh both sides uh touched on uh the zoning code, specifically 16.3 for uh variance and the uh the standards for granting uh variants.
This isn't a policy decision, you have standards in front of you, which we'll I'll briefly uh go over.
Uh the uh variance may be authorized from the strict application of the code so as to relieve such difficulties or hardship only in accordance with all of the following criteria.
One variances will be granted only where such special circumstances or conditions, such as exceptional narrowness, topography, or sighting fully described in the findings of city council do not apply generally in this district.
Second, variances will not be granted to allow a use otherwise excluded from the particular district in which requested.
Uh number three, for uh reasons fully set forth in the findings of council, the aforesaid circumstances or conditions are such that the strict application of the provisions of this code would deprive the applicant of any reasonable use of his or her land.
Mere loss in value does not justify a variance.
There must be a deprivation of beneficial use of the land.
Four any variants granted under the provisions of the section must be the minimum adjustment necessary for the reasonable use of the land.
Five, the granting of such of the granting of any variants is in harmony with the general purpose and intent of the code and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the general plan uh for uh development.
Then there are other additional requirements for granting uh variants.
Uh there must be uh the person claiming the variance has the burden of showing that the granting of the permit will not be contrary to the public interest, that the literal enforcement of the ordinance will result in unnecessary hardship, that the granting of the permit contrary to the provisions of this ordinance, the spirit of the ordinance will be observed, and that by granting the permit substantial justice uh will be done.
Thank you.
Can you confirm that for a variance to be legally granted, all of those criteria have to be met?
Yes.
Um I guess I've got uh a limited window of time here, so I want to skip right to a pretty important question.
I've got questions about reasonable use and minimum relief and all that, but uh a lot of times, you know, townhome developments that have deeper lots like this, when whether it's North Shore Town Center, just about everything done on Dean Hill, uh they the private drive is dedicated as a public right-of-way, so therefore this uh variance or hardship is not needed.
Uh was that considered in this case and why was it not applied here?
Yes, uh Councilmember Honeycutt, I'm glad you asked that question.
I meant to touch on that and uh got excited and skipped over it.
Uh we did look at doing that.
In doing that, that would trigger other variances that would need to be done.
So more than one variance.
Uh Mr.
Comb Top could probably uh elaborate on that.
I didn't design it.
So this is why we think this is the minimum adjustment necessary because we're looking at doing one variance here, which is reducing the minimum uh lot width, even though the actual effective lot width is going to be the same or greater, or a dedicating the road, creating additional variances that would be needed.
So you know, it's there'll be more variances if we try to dedicate it versus going under this theory, which is why we did what we did, and that's why we think this was the minimum adjustment needed.
The I'll I have some other questions, but I'll turn it over to to my council members before I uh engage again.
Thank you.
Okay, thank you.
Councilmember Parker.
Uh thank you, Mayor.
I had a question also from Mr.
Mullins.
Um I appreciate the um the review just provided by attorney frost.
Um we have pretty consistently as a body followed uh uh a definition of um that that uh deprivation of of reasonable use of land um to mean that if there is a beneficial use then the variance wouldn't be allowed.
But in your documents that you shared with us, you shared a different definition and found our interpretation or or the interpretation of the appellants too narrow.
And so I was wondering, is there some uh can you point to some uh history, some court rulings that share I I can tell you that the language regarding beneficial use only appears as I can find in two zoning ordinances in the state of Tennessee, and that would be Knox County and the City of Knoxville.
Your ordinances mirror themselves.
Uh I have inquired as to when that occurred.
I think it occurred in the 1990s.
No one exactly knows why.
Uh I have looked at the case law.
I found only two cases that even reference the beneficial use standard.
None of them focus in on whether that standard is appropriate when compared to what the state and Abling statute says.
And those two cases cite are referring to Knox County's zoning ordinance.
Um I will say that this read case said no, you have to look at what the state statute says, and you can't go beyond the state statute.
And if you look at 137207, it doesn't mention reasonable use or beneficial use.
It refers to exceptional or peculiar practical difficulties.
So I uh I I do think there is an issue whether the Knox County zoning ordinance and our ordinances actually comply with state law and would be consistent with the read case that they have cited.
I don't think we have to get to make the decision that our ordinance is invalid because I do think uh applying 16.3.
We would still meet that requirement because we've already made the decision that this should be medium density residential.
This should be RN4.
And if you were to limit it based upon this odd interpretation, everybody agrees this is an odd interpretation.
You have well, you're reducing them the the to 9.5, but you're not actually reducing the width, it's just a number on paper to allow the development to move forward.
That's peculiar.
I think everybody can agree with that.
That's just odd.
Um, but if it's 15 units, then it wouldn't meet the requirement of medium density residential.
That would be low density residential.
So uh I think the reasonable use has to be in context, and the statute you look read it all together, talks about being in in harmony with the existing rules.
And we've put the existing rules for this to be medium density residential.
Uh and so I think that would be to deny that would be deny us a reasonable or beneficial use of the property.
I appreciate that.
And I did let you go on for a little bit longer because I wanted to hear your argument because I really just wanted to know about the case law history.
I I appreciate that, and that's the only two cases I could find, and they didn't tunnel into that issue.
No one challenged has challenged this as far as I can tell.
Yeah.
Um, and I hear your arguments.
Um, but for me, um the interpretation um of this code that that we have held for quite some time, uh, is that it has to meet all of the following criteria, all five points, and folks get hung up on point number three uh because we have interpreted it to mean if there is a beneficial use, uh, then we don't grant the variance, and I'm inclined to stick with that position this evening.
Council member Adams.
Thank you.
I'm not sure who to pose this question to.
Um normally I think I would ask planning, but if so, I'll ask for advice about who needs to answer it.
Brian Barry, maybe uh we'll see what's the question.
The question is um something that the um appeal argument referenced was that the variance if approved stays with the land.
And I'm just wondering if that happened, uh what's the ramification of that?
Uh since we're looking at a very specific thank you.
Mr.
Barry, I'm not if if you I know you have a planning background, and uh if you could just address this and state who you are on behalf of the city, please.
Sure, absolutely.
Brian Barry City and Oxville Plans Review and Inspections.
Um the question is related to does a variance run with the land?
It was something that the um Mr.
Solerstein mentioned that if the variance was granted, that that variance would stay with the land.
And I think it's a fair thing to raise just because um properties don't always stay with the um person that brings them to us with their plans.
So what would the ramifications of that realistically be?
It if this is such a peculiar circumstance that that has also been an argument that's been made, if the it was uh approved and stuck with the land, like what's someone then really able to do with that?
Sure.
I think if it runs with the land, the uh the assumption is that the the property can be sold and any other developer can come in and develop based on whatever the variance was approved for at the same what would end up being density here at um I think 23 units is what they're there's 32.
32 got the numbers backwards, sorry.
Um does that mean it would have to essentially look exactly like what we see in front of us because it is uh to Mr.
Mullin's point such a peculiar sort of scenario, it's an on-paper sort of thing.
Um I'll be honest, I would want to consult with city legal department about this.
Um I think there's a point when it comes into uh whether or not variance is run with the land and if site development um plan review uh changes, does the variance still run with it?
I I honestly would want to defer and talk to to the legal.
Okay, thank you.
Council Vice Mayor Fugit uh Mr.
Swanson, did you I was gonna Mr.
Swanson could you speak to that?
Generally, a variance would be uh projected to run with the land.
Uh does it have to look precisely as it does when it comes before the variance is what the variance is.
Uh and so you know, if it's a narrowing of a certain measure, then that measure will remain narrowed for a subsequent purchaser.
Uh but uh I don't think what you're getting is approval of a specific picture of a specific development.
What you're getting is here's what the requirements are for building on this piece of property.
And it would have been this, but for the variance, and now it's gonna be that.
Does that make sense to you?
Yes, it does.
I'm uh I'm just questioning because in this application of that variance, it sounds like it's an on-paper nine and a half, but that's not really what the width would be built out as.
So my kind of nagging question is uh we hypothetically we approve this variance, moves forward, um applicant for this variance changes, new developers in place, could they then build uh nine and a half?
Nine and a half.
Nine and a half, what it would be.
It narrows it to nine.
And it really would be nine and a half, it wouldn't be the what yes.
Remind me of what they did.
Okay.
Whatever is approved.
Yeah, whatever was approved by the board of zoning appeals is what the answer is going to be to that question.
If they if they sell it, their rights aren't going to increase.
When they buy the property, if the variance is in place, they're buying the same variance.
Right.
Okay.
Um Vice Mayor Fugit.
Thank you.
So I've heard all these questions.
What could be built right now with the current zoning?
Can somebody from planning review inspections somebody tell me what could be built?
Um pardon?
Without the various without the variance.
I'm not sure why no one from planning is here.
Uh but Mr.
Barry, I think uh you're in the most quick.
You're in the hot seat.
Sorry, Mr.
Barry, but um I believe it.
I believe it was said earlier, 15 town homes.
15.
But I by one of the applicants, but one of the parties, but I'll let you answer.
Yes, that's correct.
I would like to hear it from a neutral party.
That's correct.
So based on the the lot width, um 15 townhomes would be approved without a variance.
So based on this council's previous interpretation of the of whether people think the city and county statute is correct or not, it is the city statute that says these are the things that have to be met and how we've interpreted it all that time.
And so by that definition, you could build 15 without a variance.
It's wanting to build 32 that would require a variance to narrow it, correct?
That is correct.
Thank you.
Councilmember Grant.
Yeah, I I just want to verify a few things.
Um as councilman has Hesley mentioned.
So the purpose of this zone is for medium density, correct?
Am I correct about that?
R and four.
Mr.
Barry, um just just stay up.
If you could just stand there, there I'm not I think you're in the best uh position as expertise with your expertise on zoning to answer these questions, please.
Yes, ma'am.
Mr.
Grant, yes.
So the purpose of this particular zone is for medium density, correct?
It is correct.
Okay.
And this is also well under all density uh provisions of the R and four zoning standards.
And I also read where this density is consistent with the MDR sector plan.
Is that correct?
That is correct.
Okay.
So I I mean I kind of want to say this.
Um our city has a real housing shortage.
I mean, I I think there's no doubt.
Um we talk about the need for housing on all income levels.
Um, you know, whether it's a working family, first-time home buyers, and so I mean, we can't we can't say we need more housing and then we oppose it at every chance that we get.
Um the truth is if we don't do, right?
Prices keep rising.
Fewer people can afford to stay in Knoxville.
Um right now we have close to about 60 percent of renters versus homeowners in our city.
And so to me, R and four, this particular project can give you know opportunities to create home ownership and and not just rentals.
And so, you know, I want to help people build equity and stability, and so um therefore I'm gonna deny this this appeal.
Mr.
Johnson, you have anything to add to that?
Uh thank you.
Uh council member DeBarde-Lubin.
Sure.
Um I'm gonna go back to the five points here that need to be made, and I I'm reading them very differently.
Uh the first one about uh the special circumstances or conditions.
This is a 3.95-acre property.
We're treating it as if it's a smaller property.
It's it's much larger, that frontage.
And it's like you know, the games that I used to play with my kids, one of the favorite was when you you had shapes down here and you had to put the shape in the right place and make sure you got the right shape.
And I think there's an opportunity to say, let's put the shape in the right shape.
This is a different shape piece of property.
As we look at the map, it's the reason it's not R and one, there's a reason it's R and four.
Um that's just one of the reasons.
Uh the second thing that variances will not be granted to allow the use otherwise excluded.
This is allowed for townhomes, so it's not a use otherwise excluded, it's just more of them.
Um the third one for reasons fully set for um that it'll deprive the applicant of any reasonable use, and this is the important thing.
Mere loss in value does not justify variance.
There must be a deprivation of of benefit beneficial use of the land, and that's it.
They're gonna have lost advice, but that's not what matters.
What matters is Knoxville's gonna get 12 less houses that and they're gonna be twice as expensive because instead of 400,000, is it gonna be six, seven, eight hundred thousand dollars.
It also matters so we have two roads right there, Middlebrook and Gallagher.
They are four lanes wide with a middle lane.
That's five lanes.
They're a public transportation.
So we are denying a chance for our CAT system to become more effective and for our roads to become less useful.
Uh the fourth one, um, minimum adjustment necessary.
I think they've shown restraint.
They've told us what they could do is bigger.
Uh the last one uh must be not be injurious to the neighborhood, the neighborhoods.
I don't think this is injurious to them, or detrimental to public welfare, and I do think it would be detrimental to public welfare for us not to do this for the reasons that Denzel has mentioned in others.
It's a great opportunity for us to respect the shape of a piece of property and build so that that meets R and four, which I'll read the intent here.
This new district has been created to specifically address the issue of missing middle.
This is intended, and I heard of that from our council.
This is intended to broaden the availability of different housing types that fall between single family neighborhoods and high density development, i.e.
the missing middle standards, control where multifamily development can be where it can occur, occur, and how it uh maintains compatibility with adjacent single family residential.
Thank you.
Thank you.
Um Councilmember Thomas.
Yes, we've uh gotten into some discussion about policy and a lot of it, which I agree with, but my understanding is what we're trying to do right here is apply the law to this particular group of facts.
And um uh Mr.
Frost, I think, very clearly stated the law, and these are the criteria that we've consistently applied in these type of cases.
I agree with uh councilperson Parker and Councilman Fuga.
We've had quite a few of these to come over here, and um it requires a a hardship that's within uh the criteria of the law.
And here um, you know, it's the applicant is not denied any reasonable use of his land.
Um and the mere loss in value does not justify a variance.
And um I think it's basically clear and consistent with application of the law, particular facts that we've had before us before that uh this does not meet the requirement for a variance.
And you know, I will point out that uh the applicant wants to bill 32 um townhouses, and we do need housing, but uh under the current code, he can bill 15.
And we did rezone this to RN4, it was a lesser uh restrictive zoning than before, but now it's come before us and now it's going from 15 townhouses to 32.
And I think 15 is kind of a reasonable compromise.
I think it adds housing, uh it adds housing stock, but it doesn't uh so detrimentally impact the neighborhoods.
So um I think uh I'm going to uh vote in favor of the appeal, and I think it's just in this case it's the right thing to do, and just as a note, this is not going to keep that property from being developed with townhouses, it's just not going to be as many as the developer would developer would uh would like.
Thank you.
Councilmember Lloyd.
Yes.
Uh I spent the last four years working with Knox County Zoning Board of Appeals, and I've literally set in on hundreds of these cases.
In my opinion, um it is an odd-shaped lot, it's topographically challenged, it's has stormwater issues.
Uh frankly, I feel like the BCA got this one right, and I would be opposed to the appeal.
Thank you.
Okay.
Uh Councilmember Honeycutt.
Thank you.
Uh completely appreciate and understand all my fellow council members' sentiments about housing.
Uh I completely agree with you.
And and we need to address uh housing, especially for our working families.
So I want to say that I strongly support townhomes, and I will continue to be a townhome advocate on this board for many years, and the important role they play in expanding attainable housing for our working families.
And I believe this site is a very appropriate use for townhomes.
I am glad to see townhomes being built here, and and I encourage it.
However, the decision before us tonight is not a policy decision about housing needs or housing alignments or townhomes.
It is a legal one about a very specific black and white matter, and it must be made based on the ordinance and the standards as they exist today.
We can debate, we'd like to change them in the future, we can debate you know things that will happen, but we have to make a black and white decision based legal decision based on that today.
So, based on the record before us, the speakers tonight, and the strict legal standards for granting a variance, I will be in favor of the appeal because the applicant is not being denied a reasonable use of their land.
There are no real special circumstances or conditions to this property, and there is no real hardship to developing uh the property based on its current zoning.
I do hope uh that the the with you know future discussions with the applicant, uh, you know, we can help them find a path uh to develop townhomes on this property, but that's at a later date.
So I will be uh voting in favor of the appeal.
Councilmember Grant.
I would just like to ask the developer a question for the record, if he doesn't mind.
Mr.
Contap, or no, but James, whatever.
Mr.
Lennon, sure.
Sorry.
Mr.
Lemon, so could you state for the record how much each unit would cost if you were to build 15 versus 32?
Well, we've got about a million dollars of site work relative to the stormwater, which is required as retention as opposed to detention because of the uh proximity to the creek.
So it is a very direct causality.
Um we've got, and it's it's 22 feet from Gallagher view to the things, but it actually dips down and then goes back up.
So it's 28 feet of driveway, which is very steep that we're cutting into a hill, and we're trying to minimize impacts on hills.
I'm going around it would say there's a million dollars of site work alone.
So 15 units, I I know it doesn't matter.
I won't make any money unless they're eight or nine hundred thousand dollars a pop.
So I we won't we won't build 15 units.
I just so you all know I'm not I can't do it.
I can't make the numbers work.
So without a variance, we're not building townhomes here.
And so could you give us the price if you were to build 32?
Oh, eight or nine hundred thousand dollars a pop.
Okay, but it'd be about half if you were to build 32 units, correct?
Yeah.
Okay, thank you.
Yeah.
Okay, so the motion on the floor is to deny the appeal.
Vice Mayor Fugit.
I was just gonna say uh I for the record, I am worried that we are delving into policy, and I just want to say that for the record.
Um what I agree or not, there's a lot of discussion about what should be going on there, and it's really do we think BZA got this right or not?
Am I correct from uh from city attorney and city council attorney?
Uh yes, you're applying the standards for granting the variants.
Uh, it's not really a policy, it's not an opinion on.
I do not mean to discount anything that anyone has said, but uh it is about the standards for granting a variance.
Um leave it at that councilmember Thomas.
Yes, and along those lines, I uh reviewed the transcript before the BZA, and I didn't see any discussion at all of the criteria of hardship, and that bothers me as far as the legal grounding of um granting this appeal.
Okay, uh the motion on the floor is to deny the appeal.
Any further questions or discussion?
Seeing none, uh I think we should do a roll call vote.
Mr.
Johnson, please do a roll call vote.
Councilman Helsley.
Councilman Honeycut, no.
Councilman Lloyd.
I would like to deny it.
So that would be uh yes vote is to deny the appeal.
A yes vote.
Okay.
Councilman Parker.
Councilman Thomas.
Councilman Adams.
A yes vote is to deny the appeal.
Okay, yes.
Councilman Dabar DeLavan.
Yes.
Councilman uh Vice Mayor Fugit.
Councilman Grant.
Yes.
Mayor, the vote vote is five in favor, four opposed.
Okay, the motion to deny the appeal carries.
All right.
Uh very much.
12K is the resolution authorizing the mayor to execute any law documents to award a total amounts not to exceed $60,000 and empower Knox youth mental health grants to provide support and programming for youth and young adults to six community-based organizations in the city.
Sir uh I move to approve.
Motion made to approve.
Is there a second?
Okay, motion's been made and seconded.
Uh council members, uh, we do have three people signed up to speak in favor of item 12K.
I believe they're all members of the mayor's youth council who um uh helped shape this grant process.
So we'll start by hearing from them.
Um they'll each have up to three minutes to address counsel.
Uh the first one is Max Malone.
Max, if you could come to the podium, state your name and address for the record, and thank you for being here tonight.
Luckily, it's not a school night.
So uh I guess I don't feel too bad keeping you here too late.
Uh my name is Max Malone.
My address is 2017 Island Home Boulevard, Knoxville, Tennessee, 3792.
All righty.
Good evening all, and thank you for allowing me to speak today.
Young people all around the country and in Knoxville are experiencing mental health crises.
According to a 2023 study done by the CDC, 20% of high school students reported seriously considering suicide, and 9% of high school students reported actually attempting suicide.
Not only that, but 20% of adolescents ages 12 to 17 reported having their mental health needs unmet.
These statistics show that mental health is not a small problem among youth, but rather a major one that affects millions of people nationwide.
But what about in Knoxville?
I have seen firsthand young people in our community go through mental health struggles.
Many of them struggled without any outside support or struggled in complete silence.
Some even lost their lives.
Young people in Knoxville deserve access to effective mental health services so that we don't have to struggle alone in silence.
We deserve to receive adequate support from capable community-based organizations.
The Empower Knox grant seeks to provide funding to nonprofit organizations that will implement high quality youth programming in Knoxville.
This includes youth mental health services.
By allowing organizations to receive this funding, you are supporting youth and helping their mental health needs be met.
The topic of mental health is of utmost importance to the Mayor's Youth Council, which I am a member of.
Thank you.
Next person is uh Evelyn Quinn.
Hi, thank you so much.
My name is Evelyn Quinn.
I am a member of the Mayor's Youth Council, a student at Rivers Edge Christian Academy, and a resident in District 1.
Mental health issues have become a nationwide issue that Tennessee and Knoxville aren't separate from.
According to a recent report from 2023 from the Knox County Health Department, Tennessee currently ranks 46th out of the 51 states for available mental health workforce.
In Knoxville specifically, childhood trauma is the most urgent issue impacting mental health, and almost half of KCS high school students have reported at least one adverse childhood experience.
Additionally, anxiety ranks as one of the top three issues for children and young adults.
The youth of Knoxville need mental health support.
In December, the Mayor's Youth Council met to decide how to allocate the Empower Knox grants, and the organizations we decided on Centro Hispano, Genesee, Girl Talk, KLF, the Verb Kind, and the YWCA will be able to provide this necessary mental health support.
When choosing these organizations, we carefully read through every application word by word, discussing each response as a group, keeping the following parameters in mind.
How relevant the program was to youth mental health, the feasibility of their projects, how well planned the various programs were, and how carefully and precisely their budget proposed to utilize the Empower Knox funds.
Tangibility and practicality were very important to us in making this decision.
For example, Central Hispano in their budget lists very specific, very tangible items, everything from measuring spoons for the cooking lessons they offer to clinical mental health sessions for the people they already serve.
We also considered the depth and the breadth of the impact these proposed projects would have.
If the Empower Knox grant is passed, the Knoxville Leadership Foundation will be able to provide six mental health counseling sessions to 10 youth without a financial barrier.
If the Empower Knox grant is passed, the YWCA will be able to train staff on trauma-informed care and provide a 10-week therapy program to 20 of their current students.
The verb kind will be able to collaborate with licensed mental health providers to give workshops, coping skills training, and wellness sessions to an estimated 400 youth.
Genessee would be able to run a four-week program helping young women improve their mental health.
Girl Talk would be able to provide one-on-one mentoring for approximately 80 girls.
In the end, an estimated 685 youth will be directly impacted by the Empower Knox grant.
This doesn't account for the many youth that will be indirectly accounted in the future.
I'm here to ask that you guys pass the Empower Knox grant so that Knoxville's youth will have greater access to mental health support, will receive targeted help, and can start to overcome the global issue of struggling mental health.
Thank you.
Thank you.
Okay, our final speaker on item 12K is Gabriel Little.
If you can start by stating your name and address for the record, thank you so much.
Thank you, Mayor.
Gabriel Little, my address is 10616, Hidden Hall Lane, 37922.
Regarding our decision for the city grant, these six organizations stood out not only for their quality of application, but proposed use of the grants as for their amazing service to the Knoxville community.
The organizations are Centro Hispano, KLF, Girl Talk, YWCA, Genesee, and the VER and the Verb Kind not only left an impression with their goals of funding, but also provide a well a well-rounded group of services to our Knoxville community.
Centro Hispanol already strives to provide assistance to support Latinx youth in our community, and their proposal to integrate and strengthen their existing programs is much needed.
In a time where students are active in our community, protesting as we saw last Friday, advocating for support for their peers and more is essential to bolster the care offered by this organization.
In regards to workforce readiness for our youth, the verb kind offers a variety of services and mentorship essential for career readiness.
This work is especially important for our youth who have experienced detention in Knoxville.
Populations that have experienced these extreme stressors or external issues relevant to their mental health and need the assistance that this grant could empower.
Wellness sessions and healthy coping, especially with trained mental health professionals, helps not only prepare our youth for careers, but to maintain a balanced lifestyle while try while striving for success.
KLF is a program that is able to work for a more personal level with youth aimed for emotional well-being and mentorship.
They encompass what this grant is meant for.
Their expansion of qualified care for more cases helps institute long-term beneficial outcomes, not only for youth, but our community as a whole.
Genesee's Perspective Bloom program focuses on the well-being of women in Knoxville.
A much needed a much needed care that I believe they have the passion and integrity to provide, thoroughly given this grant.
Genesee is a program dedicated to strengthening the whole key the whole family, and this focus on mental health well-being for women is essential to enforce.
This is similar to Girl Talk, which would be able to increase their already available therapy services for our community.
For YWCA, the ability to provide youth with elevated mental care and assistance not only improves with this grant, but also improves the training for their organization.
Farther training for stealth for staff helps improve care and adds a further layer to their outstanding creative, cultural, and hands-on learning experience for our community.
Together, they focus on mental health for our youth from all angles, whether cultural, educational, or therapy-based, providing an all-encompassing care that helps as many Knoxville youth as possible.
We urge your passage and thank you for your consideration.
Thank you.
Thank you, Max, Evelyn, and Gabriel.
I appreciate you taking the time to serve on the Members Youth Council and to be part of this grant process.
And um I'm pleased that they had the opportunity to address counsel tonight.
Also, just kudos to you.
I can't, I mean, when I was a teenager, the idea of addressing, you know, coming in this thing is you just are very well spoken and well prepared, and uh you make us encouraged for the future.
So thank you so much.
Um, I agree.
Um Councilmember Thomas.
Uh yes.
Um, at the last meeting, I had some questions for Verb Kind, and since that meeting, I've been able to speak with Miss Haley Hunt, who's uh one of the um organizers of it.
And we also have Mr.
Daniel Hood here.
Uh and I would like Mr.
Hood to come up uh to the podium and uh if you would um say a few words about your experience with Verb Kind and then uh what you're doing in the Knoxville community at the moment.
You have about five minutes.
You can take as little or less as you would like.
All right, thank you.
Um Daniel Hood, my address 7740 Tresses Circle here in Knoxville, Tennessee.
And uh I've been a member of the VerbCon for about two and a half years.
And um, I think to understand the verb kind, you first have to understand the name.
And it's an acronym for Victory Everyday Restoring Belief.
And who are we restoring belief in?
And it's it's the biggest minorities of our community, kids in jail, anywhere from the ages of 13 to 17, the age out at 18 years old.
Um, and very simply, we just mentor to them.
We show up every single week, which for some of these kids is the first time that they've had consistency in their life.
We bring up snacks, play games with them.
Um, if you ever wanted to see some of the uh mental health stuff that we work with them, this is just a packet for the month of January where we're working on understanding conflict that comes up in discussions and things like that, healthy ways to accomplish it.
This is another one for February where we're talking about relationships.
Um very very simply it's just these kids have grown up in situations that it's hard for a lot of us to understand.
Um at Christmas, we asked the kids to to share a little bit about their life, and and we learn some from some things that are hard to hear.
You know, a kid at four years old that was the first time he smoked marijuana, a kid at five years old was uh um his parents taught him how to make a methamphetamine at six years old.
There's an already a kid that was drinking hard liquor.
And these are the kids that we have to ask him the questions like do you think this is normal?
Do you think this is how a lot of kids grew up?
And so there's a big challenge and a big need for mental health to get these kids out of those situations into stable jobs, stable at school and communities and things like that.
Okay, thank you.
And uh understand that uh you're basically staffed by volunteers and mentors, and that the funds basically are to handle kind of essentials like um activities and supplies.
I think small stipends sometimes for travel experiences for your mentors, um, things of that nature.
So um I think it's um a really good program and uh I've enjoyed learning more about it.
Thank you.
Thank you.
Thank you, Mr.
Thomas, and Mr.
Head, uh, Councilmember Grant.
Uh thank you, Mr.
Thomas.
Um, also want to say thank you to the uh mayor's youth council.
Can you guys stand up for me?
I think you got some other members in the back there with you, or just stand up.
Yeah, okay.
Well, you know, I definitely want to say thank you for your time um and the effort that you guys have put into this process.
Um I would like to uh is anyone from Girl Talk here?
It's Miss Lauren.
I spoke to Miss Lauren Cox.
She said she was gonna be here.
No.
They weren't able to make it tonight.
Okay.
Um, I want to hit on a few things.
Um, I want to start by saying, you know, uh that I do support Empower Knox and the intent behind their program in this particular grant, um, the goal of investing in community-based organizations and addressing real needs, you know, on the ground is the right one.
Uh that said, I think it's important though that we do take a hard look at the grant process itself and ask whether it's fully aligned with the outcomes of what we say.
Right now, we're seeing large organizations with large operating budgets receiving both microgrants and large grant rewards.
While these organizations do important work that raises questions about whether microgrants are truly reaching small smaller grassroots organizations that lack access to significant funding.
I would like for us to consider improvements to this process, including the possibility of funding thresholds or caps that prioritize organizations with smaller annual budgets for microgrants.
Microfunding should be a door opener, not another stream for organizations that have already had multiple funding sources.
For example, our community agency grants require a five-year minimum of operation, another advantage for large organizations.
While stability matters, this requirement effectively disqualifies newer and smaller organizations, many of which are doing impactful work, but do not meet that threshold.
In addition to several other current recipients that the city has already invested in at least six to seven figures levels over the last few years.
Again, this is not negate their value, but it does raise the question of balance and equity in how we distribute public dollars.
I want to challenge our larger, well-resourced organizations in the future to partner with smaller organizations, partner with the grassroots when applying for these microgrants.
I think shared funding models and mentorship can strengthen outcomes and build long-term capacity across our nonprofit ecosystem.
I will be supporting these grants today.
At the same time, I want to be clear that my support comes with the expectation that we revisit and refine this process.
Moving forward, I would like to see a grant structure that better differentiates between microfunding and large-scale funding.
Let's create clear pathways for smaller organizations that ensure public dollars or expend an opportunity rather than concentrating it.
Change can be uncomfortable, but if we are serious about equity access and long-term impact, I think our grant process has to evolve along with our community.
Also, I would like to get you know this on a record.
Um, you know, I I've taken the time over the last two weeks to have conversation with all of the um recipients.
Um was able to sit down, as I said, I'm I believe in the mission of all of them.
Um but I want to address some things.
Uh, you know, for the record, you know, when you look at Girl Talk in its program.
I was able to get the list of its board members.
Drew Carson, War 12, Angela Connor, Truest Bank, Christy Farley, the City of Knoxville, Louise Fraser, Blue Ridge Reality, Hyde Harbrook, Brew Brew Ridge Reality, Cammy Cammy Farmer, Frower Candy Company, Deborah Lee, Southeast Bank, Robert Logan Bush Rose, he's the board chair, Bridget McCannon, Biscoe, Lakinia Middlebrook, City of Knoxville, June's culture and justice PC, she's the secretary.
Um Dr.
Javet Samuel, University of Tennessee, Jennifer Swanson, Pet Safe Brands, and Dr.
Shanika Wilts Charles, University of Women's Specialists.
Um as you notice, two city staff members sit on the Girl Talk Board, including one who serves as the director of the very office in which we're the funds are administered.
While I'm not questioning tent, optics matter.
Public trust depends not only on doing the right thing, but also being able to clearly demonstrate decisions are free from conflict of interest and undue influence.
When organizations receiving city funds include senior staff on the governing boards, especially the funding office itself, it raises legitimate concerns that must be addressed openly.
I believe in girls' talk mission, but moving forward is the issue we need to examine and correct to ensure process to reflect transparency, accountability, and fairness that the community is asking for.
With all that said, I will approve this grant.
Thank you.
Thank you, Mr.
Councilmember Grant.
Um just uh I went one to say that like a lot of these grant programs under the Office of Community Safety and Empowerment are relatively new, started uh during my administration.
So uh we welcome council's input and I'd spoken to Vice Mayor Fugit.
Um, you know, this might be a possible topic for a future workshop, so you guys can share your input and we can evolve to better meet the community's needs.
So that'd be uh a hundred percent welcome on my part.
And uh thank you for uh your thorough review of these particular grants as well.
Any further questions or comments?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
Council, there's been uh several requests for a 10-minute recess.
So uh we'll reconvene at eight o'clock or 8 02.
So I missed right.
Is that the remote?
Yeah.
It's it's been bad.
Council members, it's uh without 10 minutes, so if you could take your seats again, we'll keep moving forward with our agenda.
Lynn, you want to be recognized now before we start?
Okay, not before public.
I'm just gonna go ahead and do it now.
Okay.
Uh a brief um plenty of information from Vice Mayor Fugit before we resume the agenda.
Yes, thank you.
Um I totally failed y'all as Vice Mayor by forgetting to announce councilwoman Karen's birthday tomorrow.
Okay, my second month doing it, and I fail.
Yeah.
So you caught it in time.
So um best wishes to Councilmember Adams for your birthday tomorrow.
We will try to finish this meeting before your birthday starts.
Okay, if you could uh move on to item tw 12L, please.
12 L's resolution authorizing the mayor to award a total amounts not to exceed $650 in neighborhood small grants program and neighborhood microgrants program grants to support community building activities planned by Western Heights Neighborhood Association and Old Severe Community Group.
Motion made to approve and second it.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries 12 M is the resolution authorizing the mayor to enter into agreements number two five zero three zero seven with the state of Tennessee Department of Transportation in an amount not to exceed 109,563 for replacement of stamped crosswalks addition of great green bike lane markings and upgraded upgrading traffic site signal detection as part of the East Magnolia Avenue Resurfacing Project.
Move to approve.
Motion made to approve and second it.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
12 end is resolution authorized the mayor to execute an agreement with Stancil Electric Company Incorporated for the citywide traffic signal maintenance project in an annual amounts not to exceed 150,000.
Move to approve.
Motion made to approve and second it.
Any questions or discussion?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
120 is a resolution authorizing the mayor to execute an agreement with Davis H.
Elliott Construction Company Incorporated for the citywide traffic signal maintenance project in an annual amounts not to exceed 150,000 dollars.
Move to approve.
Motion made to approve and seconded.
Any questions or discussions?
Seeing none, all those in favor, please say aye.
Any opposed?
Motion carries.
12 P is a resolution authorizing the mayor to execute an agreement with Progression Electric LLC for the citywide traffic signal maintenance project in an annual amounts not to exceed 150,000.
Motion made to approve and seconded.
Any questions or discussion?
Seeing none.
All those in favor, please say aye.
Any opposed?
Motion carries.
12 Q is a resolution authorizing the mayor to execute an agreement with the Salvation Army, Knoxville Area Command to provide an amount not to exceed 205,000 in homeless general funds to fund critical plumbing repairs and improvements to the Joy Baker Center and Hope Manor.
Motion made to approve and seconded.
Any uh council member Grant.
Yes, um I want to uh call up Commander Henderson I'm Major Cam Henderson with the Salvation Army.
Our address is 409 North Broadway here in Knoxville.
Okay.
Thank you, Mr.
Henderson.
I did have the um opportunity to get your email, uh Mr.
Voice your voicemail today, but um first and foremost I want to say thank you.
Because I do know you were out in Kentucky, you know, supporting a lot of the storm that they you know dealt with out there, so definitely want to say thank you.
You're well for you know stepping in.
We got hit here.
So absolutely.
Well, you just got here, right?
Just got back.
So I just want to say thank you for that.
Um, I support everything that Salvation Armory is doing.
Uh definitely appreciate the work that you guys are doing.
Um, but just with a record and and and for myself for you know, for the community, uh, you know, really just want to acknowledge um you know yourself, the city staff.
Uh you know, I know our staff carry a lot of responsibility and often it's is to adsorb the pressure um that allows this you know council body to function a little bit more smoothly.
Um but that said moving forward, I just kind of want to set a clear expectation for myself.
Um I know things happen, right?
I know time can be of the essence.
Um, but I just learned of this.
Right.
I haven't had a chance to uh visit Salvation Army.
I haven't had a chance to visit the site.
Um I did visit Relaunch uh in their program uh over the weekend.
Um I do believe in some of the things that they're doing at the uh Joy Baker building.
Um to my knowledge that re launch is scheduled to be out of the building uh come February 28th.
And so um I would just like for you guys to keep you know, those grassroots organizations who are out here, you know, addressing you know the homeless, just keep them in mind um as you guys move forward.
And um I just wanted to say thank you for the work that you guys are doing.
Um I will support this resolution.
Thank you.
Thank you very much, and we'd love to have you over sometime.
We'd love to show you around and uh tell you more.
Absolutely.
Thank you.
Thank you very much.
Any other questions or discussion?
Seeing none, all those in favor, please say aye.
Aye.
Any opposed?
Motion carries.
12 hours of resolution rescinding resolution number R-327 2025, due to an incorrect minimum distance measurement provided to the city.
Move to approve.
Second.
Motion made to approve and seconded, uh, Vice Mayor Fugit.
Thank you.
Um, Mr.
Frost, will you for the record explain what this is?
Um, I must say, in all the time I've been on council, we hadn't had one of these.
So if you'll explain that, I appreciate it.
Yes, thank you, uh, Vice Mayor.
Uh, very briefly, when people go through the process to obtain a permit from the TABC, they submit certain criteria to the law department for review to make sure it's in uh compliance with state and local uh law.
Uh the applicants submitted initially a survey that indicated they met the distance requirement of 600 feet to a park.
Uh and that was passed by council uh last fall.
Then to the applicant's credit, they noted that the survey was not done uh from property line to property line and uh as called for by the law.
And when it was done that way, the 500-foot distance was not met.
So uh again, to their credit, they brought that to the city's attention uh because they are not eligible to receive a TABC permit at this location.
Uh and uh this matter was placed on the agenda.
Uh let Mr.
Mullins, who you all spoke with or heard from earlier tonight, uh, he was representing the uh person seeking the permit, and they're uh well aware of council's action tonight.
Any further questions or discussion?
Seeing none, all those in favor please say aye.
Any opposed?
Motion carries.
Okay.
All right, moving right along to public forum.
We have uh nine people signed up for public forum.
I'll call them in the order in which um they got on the list with Mr.
Johnson.
Um, and as a reminder, we ask that you state your name and address for the record, and then you'll have up to three minutes to address counsel on the topic of your choosing.
First, we'll start with Vivian Schepe.
Ms.
Shark, if you could come to the podium.
You'll have three up to three minutes to address council.
Vivian Scheibe, 3615 MLK Avenue 37914.
There's a fairy tale by Hans Christian Anderson, which speaks of peer pressure, fear of going against leadership, and truth finally revealed through courage.
In that story, the leader promenades in front of the masses, pretending he is fully clothed and everything is all right.
The people around him afraid to speak the truth, go along until a child points out that the leader is naked.
That is where we are right now with warming centers in Knoxville.
Press conferences and carefully crafted news programs have the leadership telling the people of Knoxville that all is well.
That 25 degrees is okay for those freezing on the streets of Knoxville.
The leadership of this promenade through the city would have us believe that all those homeless people in exodus from north, south, east, and west, struggling over the last few days towards the few warming centers opened downtown, made it to safety.
Leadership says when they look around, they don't see anyone.
There are 2300 homeless in Knoxville, yet the leadership says the process in place is a success.
The reality, just like the reality proclaimed by the child, is quite the opposite.
The Emperor was naked, as was the process put in place years ago to help the vulnerable.
We are in a crisis, and this process is not working.
25 degrees is too low, and we're the only city who has set the temperature that low to allow doors to open.
The centers are not equally funded, except for one.
The only reason the other warming centers have survived is because of their members and the citizens of Knoxville who are getting support.
The truth is this 32 degrees is freezing, and 25 degrees is dying.
In the last week, we have had three people die because of a policy that must change.
Now we must add those three names to the 161 that died in 2025.
When the child proclaimed, but he's got nothing on.
Acknowledge 25 degrees is too low and raise it to 32 degrees.
Acknowledge funding should be recurring in the budget and stop sending these massive emails out to the community asking for supplies and funds to do should already be done by us with the money that is in our accounts.
No more pretending.
Next person signed up to speak is Yvonne Lett.
Miss Ludd, if you could come to the podium, state your name and address, and you'll have up to three minutes.
Hello, I'm Yvonne Lett, 3001 Rivertown Way, Apartment 508, Knoxville, 37920.
Thank you for allowing me to speak.
I stand before you to speak about expediting and updating the goals of the three-year Office of Housing Stability Strategic Plan.
Number one, like most of the state of Tennessee, our warming centers need to open when the temperature or wind chill is 32 degrees, not 25.
Also, during extreme weather events, they need to stay open more hours.
Freezing temperatures are no less dangerous during the daylight.
Since this will add more days to the warming centers being open, the city of Knoxville needs to allocate funds to the warming centers to help cover expenses.
Number two, when CAD is not running due to weather, there still needs to be a plan for moving the unhouse to the warming centers and or shelters.
This plan does not need to be a secondary thought.
It needs to be in place so that everyone that is helping is on the same page.
Number three, during extreme weather conditions, snowstorms, ice storms, floods, etc., the use of city-owned property with the aid of city staff should be utilized.
And also, I hope that when Council Member Parker gives us her resolution that she will support it.
Thank you.
Next person signed up to speak is Michael Rinkel.
If you can start by sending your name and address for the record, you'll have up to three minutes.
My name is Michael Jennings Wrinkle, uh 10312, Old Religious Pike, 37806, Knoxville.
Mayor, New Council.
Um chief.
I was gonna think.
Um I've been doing this a long time.
I stood in front of this council.
This is what I do every day out here on the streets with the homeless.
Getting homeless youth off the streets is my focus.
I have to immerse myself in the homeless population and I have for over a decade to understand what's going on and find the kids.
And uh the voices got heard.
Thank you, because actually some things have been done.
Okay.
Uh I have a lot of concerns.
Um I agree with what uh Ms.
Scheip just said about the temperature because carm 32 degrees is a white flag.
Why is it why is the warming center 25?
So I don't understand.
I am somebody who's found frozen people.
It's not pretty.
Okay.
Um, one of the things that I wanted to address is um, luckily, because of social media and my uh past emails and things.
I was looking at the Office of Housing Stability's past emails and stuff for the past few years.
And uh um Aaron Reed respect her very, very much.
I remember when she started and we had meetings, and she's so open-minded and lovely, and it's wonderful.
And everybody's working together.
We all have differences of opinions.
Um, but I respect that fully.
Um, one of the things that uh I'm worried about the fact that we're doing low barrier shelter.
There was a mandate signed last week.
It's a federal mandate.
I would strongly suggest council members read it and educate yourself on it.
I have.
I saw it coming for years.
Okay.
The type of uh what you get, the type of uh, especially under the bridge, downtown area is complete anarchy, it's lawlessness, it creates drugs, and it creates trafficking, especially of the youth and of females.
It's just a fact, it happens everywhere.
Um I know that Linda I like her so much.
She's worked her tail off.
She jumped right in, not just uh feed first, she went head first.
I respect that heavily.
There's a lot of us extremely tired that would be including me.
Can't wait to go home and get a shower tonight.
Okay.
The um one thing that I want to mention is that the youth, because of a couple NGOs, I had one of them on his way to start college on the 10th.
Two different local NGOs who were funded, suggested they could get him free housing.
He was with two other youth.
Now they're still out there thinking that they're getting free housing.
I have this kid on a full ride.
Thank you.
Thank you.
Uh next person signed up to speak is Donna Brakay.
Braquett.
Uh, if you could come to the podium, state your name and address for the record, and you'll have up to three minutes.
Donna Braquet, 5610 Chapman Highway, 37920.
Um, thanks for having me today.
But I'm saddened to be here today to talk about something as basic as not letting our neighbors freeze to death on the street.
A 38-year-old man, a 29-year-old man, and a 17-year-old woman have all died just in a couple last weeks.
How many more are gonna die?
How many more are we gonna let die?
Just 15 minutes of exposure at 25 degrees causes hypothermia and frostbite.
And tonight we know it's raining, so at 40 degrees when it's raining or snowing, um, it can cause frostbite or hyperthermia, even at 40 degrees.
This isn't a housing issue, I don't believe it's an emergency issue, it's a life or death issue.
32 degrees is freezing.
Other cities have 32 degrees as a threshold to open warming centers.
Asheville, Atlanta, Chattanooga, Nashville.
If Knoxville wants to act like a big city, then it needs to care like a big city.
I'm asking for the threshold to be moved up to 32 degrees or below whenever it is that temperature, day or night.
This month alone, there's been 14 days at 25 degrees or below.
This month alone, there's been 20 days at 32 degrees or below.
December had four at 25 below and 20 at 32 below.
Expecting volunteers and a handful of churches to staff fund and supply 20, 40, 60 days out of the winter, is not sustainable and it's not fair.
I'm asking there to be city-funded warming centers in all corners of the city.
We can't expect people to be walking 10, 20, 25, 30 miles to get to the nearest warming center.
Lastly, I'm begging you to please talk to those people who work in the warming centers and to talk to the guests, our homeless neighbors who rely on the warming centers.
And also look to other cities who have dealt with this issue in an innovative and humane way.
Thank you.
Next speaker, Kim Wilson Owen.
If you could come to the podium, state your name and address for the record, and you'll have up to three minutes to address council.
Yep.
Right there.
It's the microphones on.
My name is Kim Wilson Owen, and I'm at 203 South Shahowe, 37914.
And I uh pulled this together very quickly.
So I'll just quickly skip to my final points in case I miss them.
Um make taxpayers find equip and staff, our warming centers.
They've already paid taxes for that to happen.
I understand that this is this next point is a big ask, but I think that we need the city to be working as and with secular organizations.
I think when you come into a religious organization for help, there is just the implication that you have to come under the umbrella of that religion.
And um, I mean, I don't know.
Are we are we funding a mosque as a warming center?
Are we funding a synagogue as a warnings warming center?
I don't know.
Um I too wanted to hit on the uh temperature.
Actually, the most dangerous time or the most dangerous temperatures are between 30 and 40.
And so, and yes, if a person is wet, um, if they stay cold for a long time, they can they can become hypothermic and die at 50, 50 degrees.
So this is this is very, very serious.
Um people need a place to go.
And when you think about if there's a humanitarian disaster, um a chemical spell, a tornado, a wildfire, an earthquake.
I've been in California for a while before I came back.
So we jump on that.
We're gonna take care of that.
We're gonna help each other through.
But people having nowhere to go in the cold is also a humanitarian disaster.
It's predictable.
It is an emergency.
I highly commend the Office of Housing Stability Work.
I don't know Erin personally, but I've heard so many good things about her.
But this is an emergency thing.
It can be planned, it can be ready to roll out as soon as it is needed, it can have enough beds.
We have empty buildings around the city.
I don't know who own own or who owns them.
And also, I don't know who uh with regard to government.
I don't know who gives what to these warming centers in local government.
I would like transparency about that.
No worry about whether your constituents will be be mad at you politically, or whether the county will get mad at you if you you know rat them out, or whether the city will get mad if you if you rat them out.
Let's be transparent and talk it over.
I want my tax dollars to go to keep my neighbors from freezing to death.
That's what I pay taxes for.
And thank you for letting me speak.
Thank you.
Uh next speaker is Anthony Jackson.
If you could start by stating your name and address, and you'll have up to three minutes.
Anthony Jackson, 4328, Eddington Road, Knoxville, Tennessee.
Good evening, Mayor Kinkanan, uh, members of the Knoxville City Council, including our five new sworn-in members.
Uh, we've got Miss Karen Adams, forgot Nathan, Honeycutt, Doug Lloyd, Matthew, and Denzel.
I first want to congratulate you guys on your win.
Um, a very heartfelt welcome to council.
Uh, your election and your service marks an exciting new chapter for Knoxville, and we're grateful for your willingness to step up and lead as the coordinator of the warming support center uh at Vestal United Methodist Church, also as a homeless advocate.
I've spent the last three winters on the front lines opening our doors, providing meals, a warm space, life saving supplies, and most importantly, hope to our unhoused neighbors during these coldest of days.
We've learned so much about what works, what doesn't work, and what we can do better together.
I want to applaud the victories that we've achieved.
Mayor Kincannon and Aaron Reed and the Office of Housing Stability has made some real progress in expanding warming centers and coordinating partners.
Proof that when we come together we can save lives and make a meaningful difference.
These steps deserve celebration.
But as someone who knows, who's been there night after night and day after day, especially that first year of eight days of hell.
I know that we can build on something strong, and we have for three years.
Right now, official and we're not warming centers activate at 25 degrees or below.
Your own data shows that nearly up to a month of life-saving days each winter if we move it to 32.
That's precious time that when our neighbors who wouldn't have to face dangerous cold weather in the 20s when it's rain, us, snow, sleet at Vestal because we couldn't do an overnight center.
We stepped up with a daytime support center.
We're offering everything that we can to provide these people what it means to survive outside.
Churches and volunteers are stretched thin.
We need more consistent access, plus added funding would make a world of a difference in keeping people safe.
Council members, mayor.
This isn't about pointing fingers, it's about us extending our hand.
We're grateful for the progress and we're excited about what's possible when we partner together.
We're not here to work against you.
We're here to work with you.
Help us help them even more.
Please change it to 32 degrees.
Increase resources for community partners like churches and continuing this collaborative spirit we've had for three years.
Thank you, Mr.
Jensen.
Next speaker is Jody Johnson.
Jody Johnson, are you present?
Okay.
If you could uh come to the podium, state your name and address for the record, and you'll have up to three minutes to address counsel.
Can you hear me?
Yes.
All right.
Um, my name is Jody Johnson, and I live in the 37915 area.
I'm here to stand in solidarity with the unhoused community of Knoxville and to share my deep gratitude to the broader community for showing up and taking action to save lives as temperatures have remained frigid and conditions outside incredibly unsafe.
I've been so heartened by the quick response of friends, neighbors, community members, faith-based organizations, local businesses, mutual aid groups, and nonprofits to coordinate resources going out to folks in need, such as emergency blankets, warm layers, coats, gloves, scarves, hats, hand warmers, food, and water.
The primary source of these essential items has been community donations.
I'm thankful to churches who open their doors and volunteers who help to keep them open, as well as to those doing mutual aid work to get those donations into people's hands.
Unhoused folks themselves form strong resource and information sharing networks, helping each other survive through the winter.
I feel proud to be a part of a community of people who care so deeply for one another.
In the past three years, the opportunity has been presented to create a better emergency response plan for dangerous weather conditions, and I have yet to see the city fulfill its duty and implement an adequate plan.
The number of unhoused people at risk during extreme weather is greater than warming centers have capacity to shelter.
Furthermore, we know the arbitrary rule that shelters will only open when the low is 25 degrees doesn't keep people safe.
If any of you have felt cold outside today, especially with the rain and sleep, I challenge you to imagine sleeping outside tonight.
As many will be doing because warming shelters won't be open due to the 25 degree rule.
Furthermore, as we've learned during these extreme weather events, not all centers will open, even when it is below 25, typically due to a lack of staffing.
I want to point out that when we say staffing, this refers to church staff and community volunteers because the city does not fund or staff the centers.
Warming centers need staff who are trained in de-escalation, who have a plan when roads are unsafe, and who are compensated for working overnight.
I personally will not allow our mayor or council members to take credit for the work that was only possible because the community showed up.
The community pulled together to shelter as many people as possible and make the harsh nights a little more bearable for those without shelter.
But we still lost people.
The next speaker is Skylar Weltner.
If you could come to the podium, state your name and address for the record, and you'll have up to three minutes to address counsel.
Thank you.
My name is Skylar Weltner, zip code 37920, and I'm executive director of Knox Needs.
We're a local nonprofit that serves free community meals on a daily basis at Sam Duff Memorial Park, located right near here at 4060 Chapman Highway.
The majority of those we serve are street unhoused individuals.
So I've seen firsthand the impact of the warming centers as well as the limitations that they're currently facing.
I've been directly serving our unhoused population through various mutual aid programs for approximately four years now, and with Knox needs, in particular for a year and a half.
On the average day, we prepare approximately 40 servings of food for each meal.
That should give you an idea of the number of people I speak to on a daily or weekly basis.
Countless times in the last years.
I listened to and sat with unhoused individuals as they saw that it was too cold and they were afraid that they wouldn't survive the night.
Or as they cried over lost fingers and toes from hypothermia.
Or as they told me how they wished they could attend a warming center, but they couldn't get to the center when cat buses stop running.
They couldn't line up early enough to get a bed, or they simply weren't open because they are not allowed to open until 25 degrees.
That's simply inhospitable for human life.
Or even worse, I haven't gotten to speak to them again because they died on our streets due to those in power and those with resources, turning a blind eye to their life.
Saying that we served everyone who sought help to an appropriate level is simply incorrect.
People are skipping meals to line up early enough to even make the warming centers when they open.
You shouldn't have to choose between which of your human rights you would like to partake in on this particular day.
I understand that staffing and funding are difficult.
I myself have been a volunteer staff member at my own nonprofit for two years, not taking a paycheck.
It's not easy and it's not easy work, but it is work that needs to be done.
And the plain fact is that our city has the capability.
We have the funding, we have the resources, and we have the labor force.
We're simply allocating these resources elsewhere and not prioritizing some of our most vulnerable neighbors who we know will not have equal opportunity to come in and speak.
We've had ample time to do this, and people are dying because of the city's lack of action.
We need to increase the temperature at which warming centers open to 32 degrees, as well as increasing the number of warming centers, the beds available at these centers, and the hours that they can be open.
People can still freeze in daylight hours.
I'm calling upon all of you today to create this change.
The responsibility of saving the lives of our neighbors is on all of us.
Thank you very much.
If you could state your name and address, and you have up to three minutes.
Hi, Miranda Perez.
I grew up in the Crestwood Hills neighborhood over in West Knoxville.
I want to add to what my neighbors and councilwoman Amelia Parker have said today, but not repeat them.
Unhoused people and anyone with housing security are still part of Knoxville.
They're still our community.
And if the unhoused population has doubled since 2018, why have services only increased 15 to 20%?
It's a clear sign of your devaluation of the people you should be serving.
The mere fact this increase in the homeless population has happened to begin with in such a short amount of time is an indication of a systemic problem and failure of the city of Knoxville to serve its people.
Therefore, it is the responsibility of the City of Knoxville to rectify the situation and not solely rely on volunteers to ensure our community, your community, stays alive.
The least you can do, and at least we can do is expand the services we have now to ensure we have the capacity to protect all of the people of Knoxville during the cold weather we are experiencing.
We must strive to meet the demand at 100% because people's lives depend on it.
And I can yield the rest of my time.
Okay, uh council members, that concludes the people who've signed up for public forum.
Ms.
Parker, did you have something to add before we adjourn?
Yes, if my colleagues would allow me, I was hoping to make a motion to suspend our rules and allow for an additional speaker or got a message from someone who wanted to share their experience, uh living and uh an experienced homelessness in Knoxville and didn't have a chance to sign up.
I'll second that.
Okay, motions have been made to suspend the rules and allow a speaker who uh wasn't able to sign up in advance.
Uh motions have been made and seconded.
Any further questions or discussion of this motion?
Seeing none, all those in favor, please say aye.
Any opposed?
Okay, the motion carries.
Is the person who wishes to speak present?
Uh okay.
If you could come on up to the podium, please state your name and address for the record.
And if um you'll have up to three minutes to address counsel.
My name is Kelly Cartwright.
I live off of Pleasant Ridge Road.
I am not a Knoxville native.
I'm from Bluefield, West Virginia.
I know that this is an entirely different state, however, I know that this state runs things differently.
My state is not a commonwealth state.
In that state, it is 40 degrees to open warming centers.
Here it is not.
I was dropped off in this state by a loved one.
I was dropped off at Knox Area Rescue Ministries homeless.
I was then barred from Knox Area Rescue Ministries to this day, regardless of a white flag.
I am not allowed at Knox Area Rescue Ministries, nor anywhere that they serve, anywhere that they own or anything, regardless of temperatures.
I am one of over 50 people I deal with on a daily basis that is not helped by Knox Area Rescue Ministries.
Yes, there are other places available in the area, but there's not enough.
There's not enough.
We need more.
None of them know that I pay for them to stay there.
Because that's the kindness of my heart.
Because that's what needs to be done in this community.
As someone who came here from a home, from a place, and was abandoned with nothing.
I had no ID, no identification, nothing, was abandoned on CARM property and stuck there until I could get my identification.
There's so many more like me.
CARM wouldn't help me get housing because I had a real job.
I didn't have disability.
I didn't have any of that state government income.
I had a steady paycheck.
I went to work every day with my disabilities.
Because that's what I needed to do to make sure I had what I needed.
And now every day I take myself out there.
When cat buses weren't running, I was.
If you didn't, this wouldn't be an issue.
Thank you.
All right, that concludes public forum, and without objection, this meeting is adjourned.
Knoxville City Council Meeting - February 3, 2026
The Knoxville City Council met on February 3, 2026, at 6:00 PM. The meeting included the mayor's report on winter weather response, a contentious appeal of a zoning variance for townhomes, approval of mental health and community grants, and extensive public testimony urging changes to the city's warming center policies.
Consent Calendar
- Minutes from the previous meeting were approved.
- The consent agenda, including routine items, was approved unanimously.
- Reappointments and appointments to various boards were confirmed: Dennis Murphy, Ben Ream, and Jack Coker to the Better Building Board; Will Dorsey, Mark Grayson, and Ashley Beals Pace to the Public Arts Committee; Councilmember Nathan Honeycutt to the City Pension Board; and committee appointments for Audit, Golf Course Advisory, Zoo Board, and Public Property Naming Committee. Councilmember Parker requested and was granted removal from the Rules Committee, with Vice Mayor Fugit to bring a replacement.
Public Comments & Testimony
- Warming Center Threshold (25°F vs. 32°F): A series of speakers (Vivian Scheibe, Yvonne Lett, Michael Rinkel, Donna Braquet, Kim Wilson Owen, Anthony Jackson, Jody Johnson, Skylar Weltner, Miranda Perez) urged the council to lower the activation temperature for warming centers from 25°F to 32°F, citing deaths during recent cold snaps and noting that other cities (Asheville, Atlanta, Chattanooga, Nashville) use 32°F. Speakers also called for city funding, more centers, and better coordination, including use of city-owned buildings. Kelly Cartwright, permitted as an additional speaker, shared her personal experience being barred from Knox Area Rescue Ministries and stressed the inadequacy of current services.
- General Support for Housing Stability: Several speakers praised the work of the Office of Housing Stability and community volunteers, but criticized the city for relying solely on volunteers and not providing sufficient funding or a comprehensive emergency plan.
Discussion Items
- Appeal of BZA Variance (Item 11J): The council heard an appeal by Leland Hume and the West Hills Community Association regarding a Board of Zoning Appeals decision to grant a variance reducing the minimum lot width for townhomes from 20 feet to 9.5 feet at 962 North Gallagher View Road.
- Appellant (Larry Silverstein): Argued that the variance did not meet the five criteria in ordinance 16.3, that there were no unique hardships (topography, stormwater, access are common in the area), and that the owner could build 15 townhomes without a variance, so there was no deprivation of all reasonable use. Cited the Tennessee Court of Appeals case Reed v. Town of Louisville.
- Applicant (Ben Mullins, James Lennon): Contended that the property's unique shape, 22-foot elevation change, floodway, and steep access created practical difficulties, and that the variance was the minimum adjustment needed. They argued that without the variance, the project (32 townhomes) would not be economically viable, and that the RN4 zoning and sector plan call for medium-density housing.
- Council Deliberation: Council members debated whether the legal standards for hardship were met, with some emphasizing the need to follow the code strictly (finding no hardship, as 15 townhomes could be built). Others noted the housing shortage, the intent of RN4 zoning, and the BZA's determination. A motion to deny the appeal (i.e., uphold the variance) passed 5–4 (Councilmembers Helsley, Lloyd, DeBarta Laban, Grant, and Vice Mayor Fugit voted to deny the appeal; Honeycutt, Parker, Thomas, and Adams voted to grant the appeal). The variance is upheld.
- Empower Knox Youth Mental Health Grants (Item 12K): Three members of the Mayor's Youth Council (Max Malone, Evelyn Quinn, Gabriel Little) spoke in favor of a $60,000 grant to six community organizations. Councilmember Grant expressed concerns about the process (large organizations receiving microgrants, potential conflicts of interest) but ultimately supported the resolution, which passed unanimously.
- Salvation Army Funding (Item 12Q): A $205,000 grant for plumbing repairs at the Joy Baker Center and Hope Manor was approved after Councilmember Grant thanked the Salvation Army for their work and requested better communication about such items.
- Rescission of Resolution (Item 12R): A resolution was approved to rescind a previous permit approval due to an incorrect distance measurement from a park, discovered by the applicant.
Key Outcomes
- The appeal of the BZA variance (lot width reduction) was denied in a 5–4 vote, allowing 32 townhomes to proceed at 962 N. Gallagher View Road.
- All remaining resolutions (items 9B–9I, 12K–12R) were approved unanimously or with minimal opposition.
- Public comments highlighted an urgent need to raise the warming center threshold to 32°F and increase city funding, with several speakers noting recent deaths. No formal action was taken on this topic during the meeting, but Councilmember Parker indicated she would bring resolutions in the coming weeks.
- The council heard updates on winter storm response, including a record number of people served at warming centers and no one turned away.
Meeting Transcript
Good evening. It's six o'clock. I'd like to call this meeting to order. We'll begin with an invocation led by Councilmember Dabarda Laban, followed by the Pledge of Allegiance led by Councilmember Lloyd. Please rise as you're able. For today's invocation, I would like to offer a moment of solace on behalf of two communities. Our community of American cities experiencing fear instead of refuge. Our unhoused community here in Knoxville experiencing the bitter cold of the last few weeks. Please join me in silence. Amen. One nation under God with liberty and justice for all. Okay. Would you please call roll? Councilman Adams. Here. Councilman Debarta Laban. Here, Foss Mayor Fugood. Here. Councilman Grant. Councilman Helsley. Councilman Honeycutt. Here. Councilman Lloyd. Here, Councilman Parker. And Councilman Thomas. All members are present, Mayor. Okay, thank you. Is there a motion on the minutes from our last meeting? Motion made to approve. Second. Any questions or discussions? Seeing none, all those in favor, please say aye. Any opposed? Motion carries. Are there any items to be withdrawn from tonight's agenda? Okay. Are there any items to be postponed? Are there any items to be added by motion? Okay. Are there um there are no memorials? Uh is there a motion on the consent agenda? Move to approve. Second. Motion made to approve and seconded. Any questions or discussions? Seeing none, all those in favor, please say aye. Any opposed? Motion carries. Okay, time now for my mayor's report. Um we are just getting through some very difficult weather last two weekends, and I just want to start by saying thank you to all of the city staff and community members who helped us uh get through this difficult time.
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