CITY OF Memphis
COUNCIL AGENDA
January 12, 2010
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 15, 2009)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION commending Anaya Suggs whose heroic actions saved the lives of her family
members. (Held from 12/15/09).
Hedgepeth
ACTION REQUESTED: Adopt the resolution
2. RESOLUTION honoring Mr. Jim Ethridge on his nomination into the Tennessee Aeronautical Hall
of Fame.
Conrad
ACTION REQUESTED: Adopt the resolution
PUBLIC HEARINGS
3. RESOLUTION approving a planned development 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).
Morrison Case No. PD 09-323cc
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: Take whatever action Council deems advisable
30 NOTICES MAILED ON DECEMBER 31, 2009
4. RESOLUTION approving a planned development 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.
Morrison Case No. UV 09-06
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
ACTION REQUESTED: Take whatever action Council deems advisable
65 NOTICES MAILED ON DECEMBER 31, 2009
DIVISION OF PLANNING & DEVELOPMENT
5. RESOLUTION approving a special use permit located on the southeast corner of Mallory Avenue
and Lauderdale Street, containing 0.34 acre in the Local Commercial (C-L) District.
Morrison Case No. SUP 09-209
Applicant: Kalid Ibrahim and Salah Abdilahi
Brenda Solomito, Solomito Land Planning – Representative
Request: Motor Vehicle Service
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
6. RESOLUTION approving a use variance located on the south side of Broad Street, 195 feet east of
Lipford Street, containing 0.63 acre in the Single Family Residential Infill (R-S6I) District.
Morrison Case No. UV 09-07
Applicant: Christ Community Health Services, Inc.
Fisher & Arnold, Inc. – Representative
Request: A use variance to permit parking within the R-S6I Zoning District located behind the
existing building at 2953 Broad Avenue to serve a proposed medical clinic
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
ZONING ORDINANCES – THIRD AND FINAL READING
7. 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 T H I R D and F I N A L
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: Take whatever action Council deems advisable
26 NOTICES MAILED ON DECEMBER 31, 2009
8. 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 T H I R D and F I
N A L 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: Take whatever action Council deems advisable
NO NOTICES WERE REQUIRED
CONSENT AGENDA
GENERAL ORDINANCE - FIRST READING (None)
GENERAL ORDINANCE - SECOND READING
9. TECHNICAL CORRECTION ORDINANCE for clerical errors on ordinances previously passed
and signed, but not yet codified as follows: Ordinance No. 5223, Sell of Beer off Premises, Ordinance
No. 5317, Inspection of Motor Vehicles and Ordinance No. 5327, Board of Ethics Membership
Requirements, up for S E C O N D reading.
Collins Ordinance No. 5343
ACTION REQUESTED: Adopt the ordinance on Second reading
ZONING ORDINANCE - FIRST READING (None)
ZONING ORDINANCE - SECOND READING
10. 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 S E C O N D 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
ACTION REQUESTED: Adopt the ordinance on Second reading
ENGINEERING
11. RESOLUTION accepting THOMAS COUNTRY P.D., PHASE 1, AREA B and authorizing
release of bond.
Case No. PD 06-348
(Contract No. CR-5098)
Resolution accepts completion of the improvements and the dedication of public streets and easements
as shown on the final plat located on Houston Levee at Pisgah Road. The standard improvement
contract was approved on September 6, 2005. Resolution also authorizes the release of the performance
bond in the amount of $866,300.00.
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 09-05
Located on the northwest corner of Lamar Avenue and Central Avenue, containing 2.1 acres in the
Highway Commercial (C-H) District
Applicant: Memphis Housing, LLC (Tony Crosby and Joe Harris)
SR Consulting (Cindy Reaves) - Representative
Request: A use variance for an Assisted Living Facility
LUCB and OPD recommendation: APPROVAL, with conditions
B. Case No. S 09-012 – Fairway Subdivision
Located on the west terminus of Fairway Avenue, 1,300 feet west of Horn Lake Road
Applicant/Appellant: Southern Housing Company
Request: Overturn the decision of the Land Use Control Board on November 12, 2009 which
rejected a subdivision plan for 156 lots for single family homes
LUCB recommendation: REJECTION
OPD recommendation: APPROVAL
C. Case No. S 09-013 – Gaskell Industrial Subdivision, Resubdivision of Lot 3
Located on the east side of Old Getwell Road, 256 feet south of Premier Avenue
Applicant/Appellant: Ronald Anglin
Request: Overturn the decision of the Land Use Control Board on November 12, 2009 which
requires the applicant to install curb, gutter, sidewalk and landscaping on the Old Getwell Road
frontage of the proposed subdivision and install sidewalk on the
New Getwell Road frontage of the proposed subdivision
LUCB and OPD recommendation: Deny a variance to the improvements
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: January 26, 2010
MLGW FISCAL CONSENT
13. RESOLUTION awarding Contract No. 11314, Armored Car Services, to Loomis Armored US, Inc.
in the funded amount of $432,686.80.
14. RESOLUTION awarding Contract No. 11381, Janitorial Services, to Kimco Corporation, Inc. in
the funded amount of $3,650,340.00.
15. RESOLUTION approving Change No. 4 to Contract No. 11193, Janitorial Services, with Kimco
Corporation, Inc. in the funded amount of $212,936.00. (This change renews the contract for the third
of four renewal terms, February 28, 2010 to March 1, 2011, with no increase in rates from the previous
year).
16. RESOLUTION approving Change No. 4 to Contract No. 11097, Grounds and Landscaping
Services, with Environmental Landscape in the funded amount of $77,844.00. (This change renews the
contract for the fourth and final renewal term, April 5, 2010 to April 4, 2011, with no increase in rates
from the previous year).
17. RESOLUTION approving Change No. 3 to Contract No. 11190, Mowing – Grounds Maintenance
Well Lots, with Bean & Prince Contractors, Inc. in the funded amount of $7,118.14, for a total contract
value of $185,271.27. (This change renews the contract for the third of four renewal terms, May 17,
2010 to May 16, 2011, with no increase in rates from the previous year).
18. RESOLUTION approving Change No. 2 to Contract No. 11258, Grounds Maintenance, with Bean
& Prince Contractors, Inc. in the funded amount of $617,752.45. (This change renews the contract for
the second of four renewal terms, May 16, 2009 to May 15, 2010, with no increase in rates from the
previous year).
19. RESOLUTION approving Change No. 1 to Contract No. 11185, Environmental Consulting
Services, with Center for Toxicology and Environmental Health in the funded amount of $175,000.00.
(This change renews the contract for the first of four renewal terms, January 1, 2010 to December 31,
2010, with no increase in rates).
20. RESOLUTION approving Change No. 2 to Contract No. 11070, Utility Meter Data Application,
with Automated Energy, Inc. (AEI) in the funded amount of $36,000.00. (This change covers a oneyear
extension, January 1, 2010 to December 31, 2010, to provide the web-based meter data analysis
product known as “Load Profiler” (“Meter Intelligence”).
21. RESOLUTION awarding 24-month contracts for electric meters as follows:
Landis & Gyr c/o Stuart C. Irby………………………………….$773,160.00
H D Supply Company……………………………………………. 278,375.00
Total…………………………………………………………… $1,051,535.00
22. RESOLUTION approving Change No. 2 to Contract No. 11134, Integrator Service for Arlington
and Capleville LNG Plants, with Logical Systems, Inc. in the funded amount of $15,000.00, for a new
contract value of $56,550.00. (This change renews the contract for the second of four renewal terms,
January 21, 2010 to January 20, 2011, with no increase in rates from the previous year).
23. RESOLUTION approving Change No. 7 to Contract No. 10765, Private Label Service
Agreement, with Aclara Software in the funded amount of $1,803,223.00. (This change renews the
contract for the period January 1, 2010 to December 31, 2014, and also adds My Account web tools for
larger commercial customers currently not served by existing applications as well as the customization
and implementation of a web-based dashboard tool that will enable larger commercial customers to
access additional resources under My Account. This contract will automatically be extended for an
additional 12-month period unless either party provides 30-day written notice of a desire not to extend
the term).
24. RESOLUTION approving Change No. 4 to Contract No. 11109, Systems Furniture, with Corporate
Express & Staples Company in the funded amount of $249,758.00. (This change renews the contract
for the third of four renewal terms, January 1, 2010 to December 31, 2010, with no increase in rates).
25. RESOLUTION approving continued participation in and payment of annual membership dues to
Tennessee One-Call System, Inc. in the amount of $79,314.29.
26. RESOLUTION approving payment of revised membership fees accrued in 2008 to Operations
Technology Development in the amount of $26,529.00.
REGULAR AGENDA
GENERAL ORDINANCES -THIRD AND FINAL READING
27. 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; 12/15)
Lowery Ordinance No. 5319
ACTION REQUESTED: Take whatever action Council deems advisable
28. ORDINANCE amending Chapter 2, Article V, Division 3, of the Code of Ordinances, to establish
requirements for a City of Memphis Fleet and Employee Take Home Vehicles, up for T H I R D and F I
N A L reading. (Held from 8/4; 8/18; 9/1; 9/15; 12/1)
Flinn Ordinance No. 5323
ACTION REQUESTED: Take whatever action Council deems advisable
29. ORDINANCE to amend Chapter 25, Section 15-181 so as to revise and clarify sections of the
pension and retirement plan, up for T H I R D and F I N A L reading.
Flinn Ordinance No. 5341
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION (None)
FINANCE & ADMINISTRATION (None)
DIVISION OF FIRE SERVICES (None)
DIVISION OF GENERAL SERVICES (None)
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT (None)
DIVISION OF HUMAN RESOURCES (None)
LAW DIVISION (None)
MLGW DIVISION (None)
PARK SERVICES (None)
DIVISION OF POLICE SERVICES (None)
DIVISION OF PUBLIC SERVICES (None)
DIVISION OF PUBLIC WORKS
30. RESOLUTION amending the FY2010 Capital Improvement Budget by transferring an allocation
of $67,352.00 funded by Sewer Revenue Bonds from Miscellaneous Subdivision Outfall, Project
Number SW01001 to Summer Raleigh S/D SW Extension, Project Number SW01030. Resolution also
appropriates $67,352.00 funded by Sewer Revenue Bonds for Summer Raleigh S/D SW Extension,
Project Number SW01030 for a construction contract with Roy Holmes Construction.
Boyd
ACTION REQUESTED: Adopt the resolution
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT