CITY OF Memphis
COUNCIL AGENDA
December 1, 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 (November 17, 2009)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION congratulating the Georgian Hills Middle School Football Team.
Ware
ACTION REQUESTED: Adopt the resolution
2. RESOLUTION recognizing the outstanding work of “Gunner” of the Memphis Police Department
K-9 Unit.
Boyd
ACTION REQUESTED: Adopt the resolution
PUBLIC HEARING
3. RESOLUTION approving a street/alley closure beginning on the west side of Watkins Street, 155
feet south of Madison Avenue and extending west 361 feet, containing 12 acres.
Morrison Case No. SAC 09-607
Applicant: Medical Education and Research Institute
Brenda Solomito – Representative
Request: Close a portion of an existing, improved alley and dedicate and improve a new
north/south alley
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
33 NOTICES MAILED ON NOVEMBER 13, 2009
DIVISION OF PLANNING & DEVELOPMENT
4. RESOLUTION approving a special use permit located on the south side of E. H. Crump Boulevard,
+252 feet west of Mississippi Blvd., containing 0.40 acre in the Local Commercial (C-L) District. (Held
from 11/17)
Morrison Case No. SUP 09-213
Applicant: Yemaj & Mohamed Abbas
Request: Motor Vehicle Sales
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
5. ORDINANCE rezoning the south side of Frayser Boulevard, 150 feet west of Thomas Street,
containing 3.49 acres in the Multiple Dwelling Residential (R-MM) District, up for T H I R D and F I N
A L reading.
Morrison Case No. Z 09-104
Ordinance No. 5336
Applicant: Christ Community Health Services, Inc.
Ralph Smith, ETI Corp. – Representative
Request: General Office (O-G) District
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Take whatever action Council deems advisable
45 NOTICES MAILED ON NOVEMBER 13, 2009
6. ORDINANCE rezoning the northeast corner of Lamar Avenue and Tuggle Road, containing 18.77
acres in the Highway Commercial (C-H) District, up for T H I R D and F I N A L reading.
Morrison Case No. Z 09-106
Ordinance No. 5337
Applicant: Harbin Enterprises GP
Philip Jones – Representative
Request: Rezoning from Highway Commercial (C-H) District to Light Industrial (I-L) District
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Take whatever action Council deems advisable
18 NOTICES WERE MAILED ON NOVEMBER 13, 2009
CONSENT AGENDA
GENERAL ORDINANCE - FIRST READING (None)
GENERAL ORDINANCE - SECOND READING
7. ORDINANCE to establish meeting dates for City Council Meetings in 2010, up for S E C O N D
reading.
Collins Ordinance No. 5338
ACTION REQUESTED: Adopt the ordinance on Second reading
ZONING ORDINANCES - FIRST 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 F I R S T 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 First 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 F I R S T
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 First reading
ZONING ORDINANCES - SECOND READING (None)
ENGINEERING
10. RESOLUTION accepting SAVE-A-LOT SUBDIVISION, and authorizing release of bond.
Case No. S 06-029
(Contract No. CR-5079)
Resolution accepts completion of the improvements and the dedication of public streets and easements
as shown on the final plat located on the northeast side of Delta Road near Third Street. The standard
improvement contract was approved on September 6, 2005. Resolution also authorizes the release of the
cashier’s check in the amount of $124,500.00.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
11. RESOLUTION approving final plat of GENA L. ROBERTS S/D.
Case No. S 08-015cc
Resolution approves the final plat located on the northside of Fite Rd., 2,636’ west of Rust Rd. Cost of
the required improvements to be borne by the Developer. This action is subject to County approval.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
NOTATIONS FROM OPD
12. NOTATIONS from Land Use Control Board that the following case was heard and
recommendation made requesting a date of public hearing:
A. Case No. PD 09-321 – MEMPHIS BUILDERS’ EXCHANGE 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
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
B. Case No. PD 09-324 – FIELDSTONE PLANNED DEVELOPMENT, 3RD AMENDMENT
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)
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
C. Case No. PD 09-325
Located on the northeast corner of Whitten Road and Captains Rite Cove, containing 1.53 acres in PD
03-347
Applicant: Scott D. Marshall
Request: Automotive Sales and Service
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: December 15, 2009
MLGW FISCAL CONSENT
13. RESOLUTION approving Change No. 5 to Contract No. 9547, IBM Maintenance, with
International Business Machines (IBM), in the funded amount of $68,629.00. (This change includes
software and maintenance for the first year with the maintenance period being December 1, 2009 to
November 30, 2010).
14. RESOLUTION approving Change No. 6 to Contract No. 10765, Private Label Service Agreement,
with Aclara Software in the funded amount of $20,550.00, for a new contract value of $1,184,588.25.
(This change is due to the change of the electronic bill presentment and payment vendor).
15. RESOLUTION awarding Contract No. 11309, Installation of Ground Wells at Collierville Gate
No. 86, to M & W Drilling, LLC, in the funded amount of $27,500.00.
16. RESOLUTION awarding Contract No. 11354, Drilled Pier Installation Substation 23, to Chris Hill
construction Company in the funded amount of $51,300.00.
17. RESOLUTION awarding Contract No. 11367, Solid Waste and Trash Removal Services, to Waste
Connections of Tennessee, Inc. in the funded amount of $636,036.52.
18. RESOLUTION awarding Contract No. 11373, North Service Center Ethanol Storage Tank and
Dispenser System, to Cobb Environmental and Technical Services, Inc. in the funded amount of
$69,000.00.
19. RESOLUTION approving Change No. 6 to Contract No. 10977, Tires and Tire Service, with
Southern Tire Mart, LLC, in the funded amount of $511,290.16. (This change extends the current
contract for 12 months, January 1, 2010 to December 31, 2010, to allow time to revise specifications
and to re-bid the contract).
20. RESOLUTION approving Change No. 4 to Contract No. 11080, Managed Prescription Drug
Program, with Express Scripts, Inc. in the funded amount of $14,030,681.00. (This change extends the
service and includes the implementation of new financial terms effective January 1, 2010 to December
31, 2010, with estimated projected savings of $525,802.00. Further, the contract will automatically
renew with the same terms and conditions for successive one-year renewal terms, subject to the right of
termination as otherwise provided. Also, Express Scripts will provide services to MLGW for the
Retiree Drug Subsidy).
21. RESOLUTION approving Change No. 4 to Contract No. 11096, Mobile Sweeping Cleaning, with
Horizon of Memphis, Inc. in the funded amount of $71,400.00. (This change renews the contract for
the fourth and final renewal term, March 1, 2010 to February 28, 2011, and represents a 2.47% decrease
from the previous year.)
22. RESOLUTION approving Change No. 2 to Contract No. 11099, AT&T Voice and Data Services,
with AT&T Business Systems in the funded amount of $594,000.00. (This change renews the contract
for the second and final renewal term, January 1, 2010 to December 31, 2010, with no increase in rates).
23. RESOLUTION approving Change No. 3 to Contract No. 11107, Electronic Bill Presentment and
Payment Services, with Kubra Data Transfer, Ltd. in the funded amount of $80,000.00. (This change
extends the current term until April 30, 2010 with no increase in rates).
24. RESOLUTION approving Change No. 5 to Contract No. 11121, Customer Satisfaction Survey
Process, with Renee Enterprises in the funded amount of $35,334.00. (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 Change No. 2 to Contract No. 11173, Weld Testing and Inspection
Services, with American Industrial Testing in the funded amount of $24,125.00, for a new contract
value of $70,500.00. (This change renews the contract for the second of four renewal terms, January 1,
2010 to December 31, 2010, with no increase in rates).
26. RESOLUTION approving Change No. 2 to Contract No. 11202, Administrative Services
Agreement between MLGW and United Healthcare, in the funded amount of $33,938,534.00. (This
change extends the service covering the period January 1, 2010 to December 31, 2010 and includes the
implementation of new financial terms).
27. RESOLUTION approving Change No. 2 to Contract No. 11209, Mobile Document Shredding
Service, with Vital Records Control in the funded amount of $48,075.12. (This change renews the
contract for the second, third and fourth renewal terms, January 4, 2010 to January 3, 2013, in an annual
amount of $16,025.04 and reflects size of bins and reduced number of rotations at some locations which
resulted in a price change and no increase in rates).
28. RESOLUTION approving Change No. 2 to Contract No. 11214, Information Services Support,
with Delta Consulting in the funded amount of $193,440.00. (This change renews the contract for the
second of four renewal terms, January 1, 2010 to December 31, 2010, which represents a 38.05%
decrease from the previous year).
29. RESOLUTION approving Change No. 3 to Contract No. 11217, Temporary Services, with
Manpower, Inc. in the funded amount of $184,866.40. (This change renews the contract for the third of
four renewal terms, January 1, 2010 to December 31, 2010, with no increase in rates from the previous
year).
30. RESOLUTION approving Change No. 3 to Contract No. 11220, Temporary Services, with Kelly
Services, Inc. in the funded amount of $674,912.00. (This change renews the contract for the third of
four renewal terms, January 1, 2010 to December 31, 2010, with a 1.54% increase in rates due to the
mandated State Unemployment Taxes (SUTA).
31. RESOLUTION approving Change No. 1 to Contract No. 11232, Medical Insurance Plan, with
Cigna Insurance Company in the funded amount of $8,359,113.00. (This change reflects the first of
four renewal terms covering the period January 1, 2010 to December 31, 2010, with a 16% increase in
contract value and a 10% premium increase from the previous year).
32. RESOLUTION approving Change No. 1 to Contract No. 11233, Employee Benefit Dental Plan,
with Delta Dental of Tennessee in the funded amount of $1,857,104.00. (This change extends the
service and reflects the first of four renewal terms covering the period January 1, 2010 to December 31,
2010 and includes the implementation of new financial terms).
33. RESOLUTION approving Change No. 1 to Contract No. 11250, Waste Management Services, with
Pollution Control Industries 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 a 12.50% decrease from the
previous year).
34. RESOLUTION approving Change No. 2 to Contract No. 11266, Information Services Support,
with Zycron in the funded amount of $185,000.00. (This change renews the contract for the second of
four renewal terms, January 1, 2010 to December 31, 2010, with a 28.72% decrease from the previous
year).
35. RESOLUTION approving Change No. 2 to Contract No. 11267, Information Services Support,
with Stragistics Technology in the funded amount of $209,865.74. (This change renews the contract for
the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 10.41% decrease from
the previous year).
36. RESOLUTION approving Change No. 3 to Contract No. 11268, Information Services Support,
with Nex Tech Solutions in the funded amount of $551,224.20. (This change renews the contract for
the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 24.38% decrease from
the previous year).
37. RESOLUTION approving Change No. 3 to Contract No. 11269, Information Services Support,
with Software Resource Consultants in the funded amount of $290,000.00. (This change renews the
contract for the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 0.62%
increase from the previous year due to resources that were allocated as a part-time resource in 2009 will
be used as a full-time resource in 2010).
38. RESOLUTION approving Change No. 2 to Contract No. 11270, Information Services Support,
with Cook Systems International in the funded amount of $52,520.00. (This change renews the contract
for the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 79.24% decrease
from the previous year).
39. RESOLUTION approving Change No. 3 to Contract No. 11271, Information Services Support,
with TEK Systems in the funded amount of $892,056.00. (This change renews the contract for the
second of four renewal terms, January 1, 2010 to December 31, 2010, with a 2.98% increase from the
previous year due to additional hours allocated to technical resources with expertise in network security,
network infrastructure and Linux operating systems).
40. RESOLUTION approving Change No. 3 to Contract No. 11272, Information Services Support,
with Ciber, Inc. in the funded amount of $708,240.00. (This change renews the contract for the second
of four renewal terms, January 1, 2010 to December 31, 2010, with a 16.45% increase from the
previous year due to resources that were allocated as a part-time resource in 2009 will be used as a fulltime
resource in 2010).
41. RESOLUTION approving Change No. 1 to Contract No. 11303, Medical Insurance Plan, with
Aetna Insurance Company in the funded amount of $1,051,390.00. (This change renews the contract
for the first of four renewal terms covering the period January 1, 2010 to December 31 2010, with a
2.75% increase in contract value and a 19.8% premium increase from the previous year).
42. RESOLUTION approving Change No. 1 to Contract No. 11320, Local Dial Tone Services, with
Paetec in the funded amount of $9,750.00, for a new contract value of $201,750.00. (This change
covers installation of an additional T1 facility at 1665 Whitten Road to increase the capacity of
outbound calling).
43. RESOLUTION awarding contract for MDS master radios to Edison Automation in the amount of
$36,250.00.
44. RESOLUTION awarding contract for one channel pump to Dickow Pump Company, Inc. in the
amount of $36,254.00.
45. RESOLUTION awarding contract for one power circuit breaker to Siemens c/o Utility Sales
Agency, LLC, in the amount of $37,995.00.
46. RESOLUTION awarding contract for two Ethernet security appliances to CipherOptics in the
amount of $49,090.00.
47. RESOLUTION awarding contract for one gas chromatograph to Daniel Measurement and Control
in the amount of $64,335.00.
48. RESOLUTION awarding contract for web application security gateway upgrade to Fishnet
Security in the amount of $106,175.00.
49. RESOLUTION awarding contract for load balancer solution to Venture Technologies in the
amount of $114,991.50.
50. RESOLUTION awarding 60-month blanket contract for maintenance and support of MLGW’s
document imaging system to Imaging Solutions and Services, Inc. in the amount of $181,489.97.
51. RESOLUTION awarding 36-month blanket contract for customer utility bill paper to Workflowone
in the amount of $281,166.76.
52. RESOLUTION authorizing payment of Louisiana Trunkline Personal Property Taxes for the Gas
Division in the amount of $252,587.53.
53. RESOLUTION to ratify agreement between MLGW and TCI of Alabama, LLC, to authorize
payments to TCI for PCB testing and disposal.
_________________________________________________________________________
REGULAR AGENDA
GENERAL ORDINANCES -THIRD AND FINAL READING
54. 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)
Flinn Ordinance No. 5323
ACTION REQUESTED: Take whatever action Council deems advisable
55. 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)
Lowery ` Ordinance No. 5319
ACTION REQUESTED: Take whatever action Council deems advisable
56. 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.
Boyd Ordinance No. 5331
ACTION REQUESTED: Take whatever action Council deems advisable
57. ORDINANCE to amend Chapter 21, Code of Ordinances, City of Memphis, to amend certain
sections of Ordinance No. 5217, Article III of the Code of Ordinances regulating Junk and Scrap Metal
Dealers, up for T H I R D and F I N A L reading.
Hedgepeth Ordinance No. 5332
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION (None)
FINANCE & ADMINISTRATION (None)
DIVISION OF FIRE SERVICES
58. RESOLUTION amending the 2010 CIP budget by transferring an allocation of $175,000.00 from
FS02014 Fire Station #57 and $75,000.00 from FS02010 Fire Station #22 to FS02018 Countrywood
Eads Berryhill Fire Station. The resolution further amends the 2010 CIP budget by appropriating
$650,000.00 in G.O. Bonds and Land Acquisition in FS02018 Countrywood Eads Berryhill.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
DIVISION OF GENERAL SERVICES (None)
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT
59. RESOLUTION authorizing the sale of the following City owned parcels to participants of
Diversity Developer Incubator Initiative: Tate Avenue & Walnut Street – (011031 00008)
Downtown/Medical District, in the amount of $1.00.
Ford
ACTION REQUESTED: Adopt the resolution
60. RESOLUTION authorizing the sale of the following City owned parcels to participants of
Diversity Developer Incubator Initiative: Redbud Road & Charlotte Road – (075058 00008); (075058
00009); (075058 00010); (075058 00011) – Whitehaven/Levi Planning District, in the amount of $1.00.
Ford
ACTION REQUESTED: Adopt the resolution
DIVISION OF HUMAN RESOURCES (None)
LAW DIVISION (None)
MLGW DIVISION
61. RESOLUTION approving the budgets for the Electric, Gas and Water Divisions for the 2010
Operation and Maintenance Expenses and the 2010 Capital Expenditures. (Held from 11/17).
Ware
ACTION REQUESTED: Adopt the resolution
PARK SERVICES
62. RESOLUTION requesting City Council approval to amend the Division of Park Services
Operations’ Department FY 2010 Operating Budget by $4,085.00 to include a grant received from the
Cargill Cotton Citizenship Team to repair damaged playground equipment at various City park
locations.
Strickland
ACTION REQUESTED: Adopt the resolution
DIVISION OF POLICE SERVICES (None)
DIVISION OF PUBLIC SERVICES (None)
DIVISION OF PUBLIC WORKS
63. RESOLUTION approving the issuance of Airport Revenue Bonds, not to exceed $70,000,000.00,
for New Parking Garage Complex and Other Airport Improvements.
Boyd
ACTION REQUESTED: Adopt the resolution
64. RESOLUTION approving the issuance of Airport Authority Refunding Revenue Bonds, not to
exceed $300,000,000.00, to Refinance Existing Debt for Interest Rate Savings.
Boyd
ACTION REQUESTED: Adopt the resolution
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT