CITY OF Memphis
COUNCIL AGENDA
December 15, 2009
Public Session Tuesday, 3:30 p.m.

Council Chambers, First Floor, City Hall
125 North Main Street
Memphis, Tennessee 38103-2017

CALL TO ORDER by the Sergeant-at-Arms
INVOCATION
PLEDGE OF ALLEGIANCE
CALL OF ROLL by the Comptroller
APPROVAL OF PREVIOUS MEETING MINUTES (December 1, 2009)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION approving an honorary street name change of Mt. Olive Street for Bishop E. H. and
Emma Ware.
Ware
ACTION REQUESTED: Adopt the resolution
2. RESOLUTION commending Anaya Suggs whose heroic actions saved the lives of her family
members.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
PUBLIC HEARINGS
3. RESOLUTION approving a planned development located on the southeast corner of South Cooper
and Cowden Avenue, containing 0.47 acre (20,430 sq. ft.) in the Highway Commercial (C-H) and
Duplex Residential (R-D) Districts.
Morrison Case No. PD 09-321
Applicant: Memphis Builders’ Exchange
Powers-Hill Design, LLC – Representative
Request: Planned development to combine two (2) adjacent parcels to allow additional parking at
the east side of the building
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
83 NOTICES WERE MAILED ON DECEMBER 4, 2009
4. RESOLUTION approving a planned development located on the west side of Hacks Cross Road +/-
225’ @ T & B Boulevard, containing 5,500 sq. ft. of 6.18 acres and is currently governed by Fieldstone
Planned Development, 2nd Amendment (P.D. 08-337).
Morrison Case No. PD 09-324
Applicant: Tower Ventures V, LLC
Prime Development Group, Inc. – Representative
Request: Planned development amendment to Parcel ‘C’ to allow a cellular
communications tower one-hundred fifty (150) feet in height designed as a flag pole to be located to the
rear of Players Crossing Shopping Center
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
28 NOTICES WERE MAILED ON DECEMBER 4, 2009
5. RESOLUTION approving a planned development located on the northeast corner of Whitten Road
and Captains Rite Cove, containing 1.53 acres in PD 03-347.
Morrison Case No. PD 09-325
Applicant: Scott D. Marshall
Request: Automotive Sales and Service
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
87 NOTICES WERE MAILED ON DECEMBER 4, 2009
DIVISION OF PLANNING & DEVELOPMENT (None)
ZONING ORDINANCES – THIRD AND FINAL READING (None)
CONSENT AGENDA
GENERAL ORDINANCE - FIRST READING (None)
GENERAL ORDINANCE - SECOND READING
6. ORDINANCE to amend Chapter 25, Section 15-181 so as to revise and clarify sections of the
pension and retirement plan, up for S E C O N D reading.
Flinn Ordinance No. 5341
ACTION REQUESTED: Adopt the ordinance on Second reading
ZONING ORDINANCE - FIRST READING
7. ORDINANCE rezoning the northwest corner of North Bellevue and Smith Avenue, containing
0.26(11,325.60 sq. ft.) in the Local Commercial (C-L) District, up for F I R S T reading.
Morrison Ordinance No. 5342
Case No. Z 09-107
Applicant: Wolf River Site Development, LLC
Request: Highway Commercial (C-H) District
LUCB and OPD recommendation: REJECTION
ZONING ORDINANCES - SECOND READING
8. ORDINANCE rezoning the southwest corner of Shelby Drive and Riverdale Road, containing
+1.75 acres in the Multiple Dwelling Residential (R-ML) District, up for S E C O N D reading.
Morrison Ordinance No. 5339
Case No. Z 09-105
Applicant: Capleville United Methodist Church
SR Consulting, LLC (Cindy Reaves) – Representative
Request: Planned Commercial (C-P) with a site plan for a CVS Pharmacy
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Adopt the ordinance on Second reading
9. ORDINANCE to amend the text of the Zoning Ordinance. The following item was heard and
unanimously approved by the Land Use Control Board on November 12, 2009, up for S E C O N D
reading.
Morrison Ordinance No. 5340
Case No. ZTA 09-002cc
Request: Amend the Memphis and Shelby County Zoning Ordinance Regulations as follows:
1. Amend Appendix A, Zoning Section 2 to add new definitions for “Family Recreation Center” and
“Park”.
2. Amend Chart I, Footnote 18, requiring adult entertainment to be located a minimum distance of
1,500 feet from certain identified uses to add “Family Recreation Center” as one of the identified uses.
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Adopt the ordinance on Second reading
ENGINEERING
10. RESOLUTION accepting NATIONAL RENAL ALLIANCE DIALYSIS CENTER MEMPHIS
SOUTH STREET AND DRAINAGE IMPROVEMENTS, and authorizing release of bond.
(Contract No. CR-5125)
Resolution accepts completion of the improvements and the dedication of public streets and easements
as shown on the final plat located east of Elvis Presley Blvd., south of East Raines Road. The standard
improvement contract was approved on September 6, 2005. Resolution also authorizes the release of the
letter of credit in the amount of $94,000.00.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
11. RESOLUTION approving final plat of HOPE SUBDIVISION.
Case No. S 09-001
Resolution approves the final plat located at the south east corner of Overton Crossing Road and
Pamela Street.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
NOTATIONS FROM OPD
12. NOTATIONS from Land Use Control Board that the following cases were heard and
recommendation made requesting a date of public hearing:
A. Case No. UV 09-06
Located on the south side of Faxon Avenue; +/-472.60 feet east of National Street, containing 0.229
acre in the Duplex Residential (R-D) District
Applicant: Mid-South Outlet Store/Dee Bradford, Terry Neuenschwander
Bill Fuller – Representative
Request: A use variance for a new parking lot to serve 3432 Summer Ave.
LUCB and OPD recommendation: REJECTION
B. Case No. PD 09-323CC – VILLAGES OF BENNINGTON PLANNED DEVELOPMENT,
3RD AMENDMENT
Located on the east side of Riverdale Road; +/-395.66 feet north of Holmes Road, containing 0.74 acre
(32,234 sq. ft.) and is currently governed by Villages of Bennington Planned Development, 2nd
Amendment (P.D. 02-332cc )
Applicant: Arnett CarWash, LLC
Prime Development Group, Inc. – Representative
Request: Plan amendment to allow outdoor vending for an ice house facility
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: January 12, 2010
MLGW FISCAL CONSENT
13. RESOLUTION awarding Contract No. 11364, Horizontal Earth Bore Under Railroad, to Memphis
Road Boring Company, Inc. in the funded amount of $218,080.00.
14. RESOLUTION approving Change No. 3 to Contract No. 11186, Environmental Abatement
Services, with General construction Services, Inc. in the funded amount of $9,580,000.00. (This
change renews the contract for the second, third and fourth renewal terms, December 10, 2009 to
December 9, 2012, with no increase in rates over the three-year period).
15. RESOLUTION approving Change No. 2 to Contract No. 11148, Professional Engineering
Services, with SSR Ellers, Inc. in the funded amount of $171,800.00. (This change renews the contract
for the second of four renewal terms, January 1, 2010 to December 31, 2010, with no increase in rates.
It also includes the design of seismic upgrades at the Water Lab and Morton Pumping Station, customer
service building at Hickory Hill, surveying building at Brunswick Service Center, roof design at
Sheahan Pumping Station, emergency generator for the North Community Office, Lamar Community
Office and Hickory Hill Service Center, the facilities master plan, and automated fuel management at
the North Service Center).
16. RESOLUTION approving Change No. 2 to Contract No. 11229, Professional Engineering
Services, with Allen and Hoshall Engineers, in the funded amount of $109,300.00. (This change
renews the contract for the second of four renewal terms, January 1, 2010 to December 31, 2010. It
also includes the design of ethanol tanks at North Service Center and Central Shops, and the design of
wash water recovery basin at Lichterman Pumping Station).
17. RESOLUTION approving Change No. 2 to Contract No. 11230, Professional Engineering
Services, with Thompson Engineers, Inc. in the funded amount of $37,000.00. (This change renews the
contract for the second of four renewal terms, January 1, 2010 to December 31, 2010, with no increase
in rates. It also covers the design of the odorize building at Airways Gate Station, design of ventilation
system at Mallory Pumping Station, Hickory Hill Service Center, and the North Service Center).
18. RESOLUTION approving Change No. 2 to Contract No. 11231, Professional Engineering
Services, with Branham and Lloyd, LLC, in the funded amount of $56,000.00. (This change renews the
contract for the second of four renewal terms, January 1, 2010 to December 31, 2010, with no increase
in rates. It also includes the design of UPS Upgrade at Netters Business Center, Security Gate at North
Service Center, and VAV re-heat boxes at Beale Street Landing Garage).
19. RESOLUTION awarding 36-month contract for office supplies to OfficeMax in an amount not to
exceed $1,468,120.41.
20. RESOLUTION approving payment of 2010 membership dues to the American Gas Association in
the amount of $49,039.00.
21. RESOLUTION approving employment of the Hunt Law Firm on an as-needed basis at agreedupon
hourly rates.
22. RESOLUTION approving employment of Leach, Johnson, Song and Gruchow for legal services on
an as-needed basis at agreed-upon hourly rates.
REGULAR AGENDA
GENERAL ORDINANCES -THIRD AND FINAL READING
23. ORDINANCE to revise Chapter 15, Section 15-11(d), of the City of Memphis Code of
Ordinances, pertaining to the dimensions of Limbs and Logs collected by the City of Memphis, up for T
H I R D and F I N A L reading. (Held from 10/20; 11/3;11/17)
Boyd Ordinance No. 5329
Director of Public Works recommends approval
ACTION REQUESTED: Take whatever action Council deems advisable
24. ORDINANCE fixing Tax Rate of the City of Memphis for the Board of Education of the Memphis
City Schools, up for T H I R D and F I N A L reading. (Held from 7/7; 7/21; 8/4; 8/18; 9/1; 9/15; 10/6;
11/3; 11/17; 12/1)
Lowery Ordinance No. 5319
ACTION REQUESTED: Take whatever action Council deems advisable
25. ORDINANCE to amend Cable Franchise Ordinance No. 4159, extending the Franchise Ordinance
as amended, up for T H I R D and F I N A L reading. (Held from 12/1)
Boyd Ordinance No. 5331
ACTION REQUESTED: Take whatever action Council deems advisable
26. ORDINANCE to establish meeting dates for City Council Meetings in 2010, up for
T H I R D and F I N A L reading.
Collins Ordinance No. 5338
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION (None)
FINANCE & ADMINISTRATION
27. RESOLUTION designating areas in the City of Memphis as “Recovery Zones” for the purpose of
issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds.
Ford
ACTION REQUESTED: Adopt the resolution
DIVISION OF FIRE SERVICES (None)
DIVISION OF GENERAL SERVICES
28. RESOLUTION amending the FY10 Capital Improvement Project#GS0210E to change the
equipment originally submitted. There is no change in the approved budget.
Boyd
ACTION REQUESTED: Adopt the resolution
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT
29. RESOLUTION authorizing sale of the following City owned parcels to participants of Diversity
Developer Incubator Initiative: Jackson Avenue & North Dunlap Street –(027026 00012) & (027026
00013) – Downtown/Medical District, in the amount of $1.00.
Ford
ACTION REQUESTED: Adopt the resolution
30. RESOLUTION allowing the City of Memphis to recoup the cost of providing improvements,
facilities, and essential services to certain tax exempt multi family facilities as authorized under
Tennessee Code Annotated §67-5-207.
Ford
ACTION REQUESTED: Adopt the resolution
DIVISION OF HUMAN RESOURCES (None)
LAW DIVISION (None)
MLGW DIVISION (None)
PARK SERVICES
31. RESOLUTION approving the Division of Park Services to appropriate $203,904.00 of the total
allocation approved by the Council in the Fiscal Year 2009 CIP Budget in Contract Construction for M.
L. King Restrooms, CIP Project Number PK07102, funded by Martin Luther King Jr., Park
Improvements, Fund 0219, for the construction of the M. L. King Restrooms.
Strickland
ACTION REQUESTED: Adopt the resolution
32. RESOLUTION approves the Division of Park Services to fund $659,923.00 of the total
appropriation approved by the Council on June 16, 2009 in Contract Construction in Golf Irrigation
Improvements, CIP Project Number PK06006, funded by G.O. Bonds General, for the construction of
the Pump Station Improvements at Audubon and Pine Hill Golf Courses and Irrigation Improvements at
Audubon and Pine Hill Golf Courses.
Strickland
ACTION REQUESTED: Adopt the resolution
DIVISION OF POLICE SERVICES
33. RESOLUTION accepting grant funds from the Department of Justice (DOJ), Bureau of Justice
Assistance FY 08 Bulletproof Vests Partnership (BVP 2008) in the amount of $16,761.04. Resolution
also amends the FY 2010 Operating Budget to establish and appropriate $16,761.04 in grant funds.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
34. RESOLUTION accepting grant funds from the Governor’s Highway Safety Office (GHSO) of the
State of Tennessee Department of Transportation in the amount of $19,960.98. Resolution also amends
FY 2010 Operating Budget to establish and appropriate $19,960.98 in grant funds for FY 2010.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
35. RESOLUTION accepting grant funds from the Allstate Insurance Company – Teen Driving
Program in the amount of $36,000.00. Resolution also amends FY 2010 Operating Budget to establish
and appropriate $36,000.00 in grant funds.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
36. RESOLUTION accepting grant funds from the Governor’s Highway Safety Office (GHSO) of the
State of Tennessee Department of Transportation in the amount of $74,482.45. Resolution also amends
FY 2010 Operating Budget to establish and appropriate $74,482.45 in grant funds for FY 2010.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
37. RESOLUTION accepting grant funds from the Department of Justice (DOJ), Bureau of Justice
Assistance FY 09 Bulletproof Vests Partnership (BVP 2009) in the amount of $63,694.03. Resolution
also amends the FY 2010 Operating Budget to establish and appropriate $63,694.03 in grant funds.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
38. RESOLUTION accepting grant funds from the Governor’s Highway Safety Office (GHSO) of the
State of Tennessee Department of Transportation in the amount of $702,318.08. Resolution also
amends the FY 2010 Operating Budget to establish and appropriate $702,318.08 in grant funds for FY
2010.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
DIVISION OF PUBLIC SERVICES
39. RESOLUTION establishing a fund to accept donations solely for use of the operations and
programs of the Animal Shelter.
Brown
ACTION REQUESTED: Adopt the resolution
40. RESOLUTION amending the FY10 Operating Budget by accepting grant funds in the amount of
$10,000.00 from Guilmenot Consulting, Inc. for the Office of Youth Services and Community Affairs’
Summer Youth Achieve Program.
Brown
ACTION REQUESTED: Adopt the resolution
41. RESOLUTION approving a lease agreement with Dewayne Hendrix, D/B/A Two-Way Gin
Company, Inc., as approved by the Board of Commissioners of the Memphis and Shelby County Port
Commission on September 23, 2009.
Collins Contract No. CR-5150
ACTION REQUESTED: Adopt the resolution
42. RESOLUTION approving a lease agreement with Kinder Morgan River Terminals LLC, as
approved by the Board of Commissioners of the Memphis and Shelby County Port Commission on
September 23, 2009.
Collins Contract No. CR-5151
ACTION REQUESTED: Adopt the resolution
43. RESOLUTION approving a lease/purchase agreement with Nucor Steel Memphis, Inc., as
approved by the Board of Commissioners of the Memphis and Shelby County Port Commission on
September 23, 2009.
Collins Contract No. CR-5152
ACTION REQUESTED: Adopt the resolution
DIVISION OF PUBLIC WORKS (None)
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT