February 9,2010
1384
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF Memphis

February 9, 2010
3:30 P.M. SCHEDULED SESSION
3:30 P.M. MEETING COMMENCED
ROLL CALL: William Boyd, Joe Brown, Kemp Conrad, Shea Flinn, Edmund Ford, Jr.,
Janis Fullilove, Wanda Halbert, Reid Hedgepeth, Myron Lowery, Bill
Morrison, Jim Strickland, Barbara Swearengen Ware and Chairman
Harold Collins.
THE MEETING WAS CALLED TO ORDER
BY SERGEANT-AT-ARMS
INVOCATION
The meeting was opened with prayer by Apostle A. R. Williams from World Overcomers
Outreach Ministries. Councilwoman Janis Fullilove presented Apostle Williams with a
certificate naming him Chaplain of day.
These minutes record the agenda items and the action taken by the Council on such items. The
full text of the original of the ordinances, resolutions and supporting documents, including an
audio recording of Council’s deliberations are filed and maintained in the office of Council
Records/Records Management, Room 2B-08. The original ordinances and/or resolutions adopted
by the Council shall control in the event of any conflict between the description in these minutes
and the original documents, ordinances and/or resolutions.
MINUTES
Approval of the Minutes of the regular meeting of January 26, 2010 with the following motion:
Councilwoman Ware stated that Special Item #4 from the Minutes of January 26, 2010 needs to be
pulled from the Minutes because the School Board did not accept it. Councilman Collins stated to
Councilwoman Ware that the only person that could pull this item off the Minutes would be a
person who voted in the affirmative and her name was not one of them.
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Councilman Hedgepeth then stated that we would like to remove Special Item #4 from the
Minutes of January 26, 2010. This was seconded by Councilman Flinn. Chairman Collins stated
that without objection this item will be pulled. There was opposition.
After a statement from the Council Attorney regarding pulling this item, Chairman Collins ruled
Councilman Hedgepeth’s motion out of order.
MOTION: Ford
SECOND: Ware
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED, as amended. (See Tickler File for amendments)
1. RESOLUTION HONORING THE STONE AWARDS EVENT AND ITS POSITIVE
IMPACT IN THE COMMUNITY.
Held to February 23, 2010
2. RESOLUTION HONORING WILL HUDSON, GENERAL MANAGER OF MATA ON
HIS INDUCTION INTO THE TENNESSEE TRANSPORTATION HALL OF FAME, HIS
ROLE AS PRESIDENT OF THE TENNESSEE PUBLIC TRANSPORTATION
ASSOCIATION AND HIS OVERALL COMMITMENT TO THE COMMUNITY.
MOTION: Boyd
SECOND: Ware
APPROVED, by unanimous voice vote
20. RESOLUTION AMENDING FY 2010 OPERATING BUDGET BY APPROPRIATING
$2,000,000.00 (TWO MILLION DOLLARS) TO THE MED FOR A ONE TIME
EMERGENCY GRANT TO ENSURE THIS INSTITUTION CONTINUES TO
OPERATE.
MOTION: Flinn – Hold for 3 or 4 weeks
SECOND: Hedgepeth
Council Flinn amended his previous motion
MOTION: Flinn – Hold until February 23, 2010
SECOND: Hedgepeth
AYES: Boyd, Conrad, Flinn, Ford, Hedgepeth, Morrison, Strickland and Chairman
Collins
NAYS: Brown, Fullilove, Halbert, Lowery and Ware
APPROVED, set up as Special Item #1
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3. RESOLUTION APPROVING A USE VARIANCE LOCATED ON THE NORTHWEST
CORNER OF LAMAR AVENUE AND CENTRAL AVENUE, CONTAINING 2.1 ACRES
IN THE HIGHWAY COMMERCIAL (C-H) DISTRICT. (Held from 01/26)
Case No. UV 09-05
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
MOTION: Ford
SECOND: Ware
AYES: Boyd, Conrad, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Brown and Flinn did not cast a vote
APPROVED, as amended in Committee
4. RESOLUTION APPROVING A PLANNED DEVELOPMENT LOCATED ON THE
SOUTHEAST CORNER OF OVERTON CROSSING ROAD AND FRAYSER
BOULEVARD, CONTAINING 8.32 ACRES IN AN AREA CURRENTLY GOVERNED
BY K-MART PLANNED DEVELOPMENT (PD 87-325).
Case No. PD 09-326
Applicant: Memphis Business Academy (Anthony Anderson)
Fisher and Arnold, Inc. – Representative
Request: Planned development to allow Planned Commercial (C-P) District land uses,
including a charter school for 550 middle and high school students
LUCB and OPD recommendation: APPROVAL, with conditions
MOTION: Ford
SECOND: Fullilove
AYES: Boyd, Brown, Ford, Fullilove, Halbert, Lowery, Morrison, Strickland, Ware and
Chairman Collins
Conrad, Flinn and Hedgepeth did not cast a vote
APPROVED
5. RESOLUTION APPROVING A HOTEL WAIVER FOR REAL VALUE INN LOCATED
AT 3896 LAMAR. (Held from 01/26)
Case No. HMW 09-05
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MOTION: Ford
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Flinn did not cast a vote
APPROVED
6. RESOLUTION APPROVING A TIME EXTENSION ON A HOTEL WAIVER FOR
ECONO LODGE INN & SUITES, LOCATED AT 2745 AIRWAYS BOULEVARD.
Case No. HMW 08-04
MOTION: Ford
SECOND: Boyd
AYES: Boyd, Brown, Ford, Fullilove, Halbert, Lowery, Morrison, Strickland, Ware and
Chairman Collins
Conrad, Flinn and Hedgepeth did not cast a vote
APPROVED, as amended in Committee. Name changed to Budget Host Inn and Suites. This
name change was approved and is retroactive back to last year
CONSENT AGENDA – Items 7 & 8 may be acted upon by one motion: SEE PAGE 1387 FOR
ROLL CALL
7. REFERENDUM ORDINANCE AMENDING ARTICLE 27, SECTION 190 OF THE CHARTER
OF THE CITY OF MEMPHIS, SAME BEING CHAPTER 11 OF THE ACTS OF 1879,
PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9 OF THE CONSTITUTION
OF THE STATE OF TENNESSEE HOME RULE AMENDMENT SO AS TO REQUIRE ALL
PERSONS EMPLOYED BY THE CITY OF MEMPHIS, TO LIVE WITHIN SHELBY
COUNTY, TENNESSEE, UP FOR F I R S T READING.
Ordinance No. 5345
APPROVED, on First reading
8. ORDINANCE TO AMEND THE CODE OF ETHICS ORDINANCE 5206, CHAPTER 2.5,
ARTICLE I, SECTION 2-10-5 (1), UP FOR S E C O N D READING.
Ordinance No. 5344
APPROVED, on Second reading
ROLL CALL CONSENT ITEMS
MOTION: Ford
SECOND: Ware
AYES: Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
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Boyd did not cast a vote
APPROVED
MLGW FISCAL CONSENT – Items 9-11 may be acted upon by one motion:
9. RESOLUTION APPROVING CHANGE NO. 5 TO CONTRACT NO. 11061, WIRELESS
TELEPHONE SERVICES, WITH AT&T MOBILITY, IN THE FUNDED AMOUNT OF
$127,687.44. (THIS RENEWS THE CONTRACT FOR THE FOURTH AND FINAL
RENEWAL TERM, APRIL 3, 2010 TO APRIL 2, 2011).
APPROVED
10. RESOLUTION AWARDING 36-MONTH CONTRACT FOR CONCRETE STANDARDS
TO RUFFIN & ASSOCIATES, INC. IN THE AMOUNT OF $1,984,356.00.
APPROVED
11. RESOLUTION GIVING THE VICE PRESIDENT AND GENERAL COUNSEL
SETTLEMENT AUTHORITY TO PAY A CLAIM IN THE AMOUNT OF $65,755.00.
APPROVED
MLGW ROLL CALL CONSENT ITEMS
MOTION: Fullilove
SECOND: Ware
AYES: Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Boyd did not cast a vote
APPROVED
12. ORDINANCE TO AMEND CHAPTER 28, ARTICLE VI, DIVISION 3, OF THE CODE
OF ORDINANCES, SO AS TO REDUCE THE NUMBER OF ALLOWABLE FALSE
ALARMS, INCLUDE CIVIL DAMAGES AND ADD NOTIFICATION PROCESS OF
ALARM USERS OPERATING WITHOUT A PERMIT, UP FOR T H I R D AND
F I N A L READING. (Held from 10/20; 11/03)
Ordinance No. 5328
Friendly Amendments: (1) Change language in Item #5 to say 5th day of the following
month
(2) Eight or more false alarms increase the fee to $50.00
MOTION: Ware
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Councilman Conrad accepted friendly amendment #1 only
MOTION: Lowery – Increase Annual Renewal Fee from $5.00 to $10.00
SECOND: Hedgepeth
AYES: Flinn, Halbert, Hedgepeth, Lowery and Chairman Collins
NAYS: Boyd, Brown, Conrad, Ford, Fullilove, Strickland and Ware
Morrison did not cast a vote
FAILED, set up as Special Item #2
MAIN MOTION: Conrad
SECOND: Morrison
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Hedgepeth, Lowery, Strickland, Ware and
Chairman Collins
NAYS: Halbert
Brown and Morrison did not cast a vote
APPROVED, as amended
13. 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; 1/12; 1/26)
Ordinance No. 5323
DROPPED
14. RESOLUTION ACCEPTING $453,197.68 FROM SPRINT NEXTEL TO CITY OF
MEMPHIS, TO RECONFIGURE THE 800 MHZ FREQUENCY BAND WHERE CITY
OF MEMPHIS RADIOS ARE ON SAID FREQUENCY. PURSUANT TO THE
MANDATE, SPRINT NEXTEL WILL REIMBURSE THE COSTS ASSOCIATED WITH
THE RECONFIGURATION.
MOTION: Conrad
SECOND: Fullilove
AYES: Boyd, Conrad, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Flinn recused
Brown and Morrison did not cast a vote
APPROVED
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15. RESOLUTION ACCEPTING $6,933.00 PER MONTH ($83,196.00 ANNUALLY) FROM
MHA TO THE CITY OF MEMPHIS IS DIVISION, FOR TECHNOLOGY BASED
SERVICES AND MHA WILL REIMBURSE THE CITY OF MEMPHIS IS DIVISION UP
TO $1,200,000.00 FOR EXPENDITURES MADE ON BEHALF OF MHA FOR
HARDWARE/SOFTWARE PURCHASES/INSTALLATION/SUPPORT/
MAINTENANCE AGREEMENTS AND LOCAL/LONG DISTANCE/CELLULAR
PHONE EXPENSES.
MOTION: Conrad
SECOND: Boyd
AYES: Conrad, Flinn, Fullilove, Halbert, Hedgepeth, Lowery, Ware and Chairman
Collins
Boyd, Brown, Ford, Morrison and Strickland did not cast a vote
APPROVED
21. APPOINTMENTS
Chairman Collins recognized the following person who spoke from the audience:
Leo Augowhat, 3584 Vanyus, Mphs, TN 38111
MOTION: Ford – Divide the question and vote on each appointment or reappointment
separately
Chairman Collins stated that without objection each item will be voted on separately
City Attorney
Re-appointment
Herman Morris
MOTION: Strickland
SECOND: Fullilove
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
City Engineer
Re-appointment
Wain Gaskins
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MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Fullilove, Halbert, Lowery, Morrison, Strickland,
and Ware
NAYS: Ford, Hedgepeth and Chairman Collins
APPROVED
Director of Finance
Re-appointment
Roland McElrath
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
Director of Fire Services
Re-appointment
Alvin Benson
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
Director of Housing and Community Development
Re-appointment
Robert Lipscomb
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
February 9, 2010
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Director of Planning and Development
Re-appointment
Richard Copeland
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
Director of Police Services
Re-appointment
Larry Godwin
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
Director of Public Works
Re-appointment
Dwan L. Gilliom
MOTON: Strickland
SECOND: Boyd
Chairman Collins: Can we do this all by acclamation, without objection? Chairman Collins stated
that without objection so moved
APPROVED
16. RESOLUTION APPROVING THE CITY’S FEDERAL LEGISLATIVE PACKAGE.
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland, Ware and
Chairman Collins
February 9, 2010
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Brown, Conrad, Flinn and Morrison did not cast a vote
APPROVED
17. RESOLUTION APPROVING CHANGES TO THE SPEED HUMP POLICY.
MOTION: Hedgepeth
SECOND: Strickland
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Brown and Morrison did not cast a vote
APPROVED
18. RESOLUTION AMENDING THE FY 2010 OPERATING BUDGET BY
APPROPRIATING AN ADDITIONAL $50,000.00 FOR THE TIRE REDEMPTION
PROGRAM. (Held from 1/26)
MOTION: Collins
SECOND: Fullilove
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Halbert did not cast a vote
APPROVED
19. RESOLUTION RECLASSIFYING POSITIONS AT THE LOCAL WORKFORCE
INVESTMENT AGENCY (LWIA-13) TO COMPLY WITH THE
RECOMMENDATIONS BY THE STATE OF TENNESSEE DEPARTMENT OF LABOR
AND WORKFORCE DEVELOPMENT DIVISION.
MOTION: Strickland
SECOND: Ford
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED
MOTION: Strickland – Take 30 million from reserves, 10 million in cuts from the City’s
Budget, and 10 million credit from Memphis City Schools Energy Modification
Loan, not contingent upon what they owe us
SECOND: Boyd
NO ACTION TAKEN, set up as Special Item #3
MAIN MOTION: Flinn – Hold for two weeks
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SECOND: Hedgepeth
AYES: Boyd, Brown, Flinn, Fullilove, Halbert, Hedgepeth, Lowery, Morrison, Ware
and Chairman Collins
NAYS: Conrad and Strickland
Ford abstained
APPROVED, item held to February 23, 2010. Set up as Special Item #4
MINUTES
Approval of the Minutes of the regular meeting of February 9, 2010 for Items #11 and #21 only with the
following motion:
MOTION: Ford
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery,
Morrison, Strickland, Ware and Chairman Collins
APPROVED, as amended. Set up as Special Item #5
INTRODUCTION OF ITEMS ON MATTERS BY THE GENERAL PUBLIC:
Chairman Collins recognized the following person who spoke from the audience:
Leo Augowhat, 3584 Vanyus, Mphs, TN 38111
ADJOURNED MEETING AT 6:35 P.M.
Upon statement of the Chairman, without objection, the meeting was adjourned, subject to the call of the
Chairman.
_______________________________
C H A I R M A N
Attest:
______________________________
Deputy Comptroller/Council Records