MINUTES REGULAR MEETING OF THE CITY COUNCIL
CITY OF Memphis
December 15, 2009
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., Wanda
Halbert, Reid Hedgepeth, Myron Lowery, Bill Morrison, Jim Strickland, Barbara
Swearengen Ware and Chairman Harold Collins. Janis Fullilove was absent
THE MEETING WAS CALLED TO ORDER
BY SERGEANT-AT-ARMS
INVOCATION
The meeting was opened with prayer by Minister Donna Ware-Maliba, from Faith
Fellowship Church of God in Christ. Councilwoman Ware presented Minister Maliba
with a certificate naming her Chaplain of the 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 November 17, 2009 with the following motion:
MOTION: Ford
SECOND: Strickland
AYES: Boyd, Brown, Conrad, Ford, Halbert, Morrison, Strickland, Ware and Chairman
Collins
Flinn, Hedgepeth and Lowery did not cast a vote
Fullilove was absent
December 15, 2009
1335
APPROVED
2. RESOLUTION COMMENDING ANAYA SUGGS WHOSE HEROIC ACTIONS SAVED
THE LIVES OF HER FAMILY MEMBERS.
Held to January 12, 2010
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)
Ordinance No. 5331
Held to January 26, 2010
1. RESOLUTION APPROVING AN HONORARY STREET NAME CHANGE OF MT.
OLIVE STREET FOR BISHOP E. H. AND EMMA WARE.
MOTION: Ware
SECOND: Ford
APPROVED, by unanimous voice vote
45. APPOINTMENTS
Chief Administrative Officer
Appointment
George Little
City of Memphis Board of Ethics
Appointments
Mark Chambers
Robert T. Dawkins
Carol K. George
Vaness M. Harvey
Alicia Howard
The Honorable Robert A. Lanier
Ruth A. Pollard
Pete Scatamacchia
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Halbert, Hedgepeth, Lowery, Morrison, Strickland, Ware
December 15, 2009
1336
and Chairman Collins
Flinn and Ford did not cast a vote
Fullilove was absent
APPROVED
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.
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
MOTION: Morrison
SECOND: Ware
AYES: Boyd, Brown, Conrad, Flinn, Halbert, Hedgepeth, Lowery, Morrison, Strickland,
Ware and Chairman Collins
Ford did not cast a vote
Fullilove was absent
APPROVED
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).
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
MOTION: Morrison
SECOND: Ware
December 15, 2009
1337
AYES: Boyd, Brown, Conrad, Halbert, Hedgepeth, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Flinn recused
Ford did not cast a vote
Fullilove was absent
APPROVED
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.
Case No. PD 09-325
Applicant: Scott D. Marshall
Request: Automotive Sales and Service
LUCB and OPD recommendation: APPROVAL, with conditions
MOTION: Morrison
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
44. RESOLUTION APPROVING A HOTEL WAIVER FOR HAMPTON INN AND SUITES
AT BEALE STREET, LOCATED AT 175 PEABODY PLACE.
MOTION: Morrison
SECOND: Boyd
AYES: Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison, Strickland,
Ware and Chairman Collins
Boyd did not cast a vote
Fullilove was absent
APPROVED
CONSENT AGENDA – Items 6-12 & 48 may be acted upon by one motion: SEE PAGE 1339
ROLL CALL
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.
Ordinance No. 5341
December 15, 2009
1338
APPROVED, on Second 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 (CL)
DISTRICT, UP FOR F I R S T READING.
Ordinance No. 5342
Case No. Z 09-107
APPROVED, on 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 S E C O N D READING.
Ordinance No. 5339
Case No. Z 09-105
APPROVED, 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.
Ordinance No. 5340
Case No. ZTA 09-002cc
APPROVED, on Second reading
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
APPROVED
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.
December 15, 2009
1339
City Engineer recommends approval
APPROVED
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
B. Case No. PD 09-323cc – Villages of Bennington P.D., 3rd Amendment
Public Hearing Set for January 12, 2010
48. 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 F I R ST READING.
Ordinance No. 5343
APPROVED, on First reading
ROLL CALL CONSENT ITEMS
MOTION: Ford
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Morrison did not cast a vote
Fullilove was absent
APPROVED
MLGW FISCAL CONSENT – Items 13-22 may be acted upon by one motion:
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.
APPROVED
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).
December 15, 2009
1340
APPROVED
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).
APPROVED
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).
APPROVED
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).
APPROVED
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).
December 15, 2009
1341
APPROVED
19. RESOLUTION AWARDING 36-MONTH CONTRACT FOR OFFICE SUPPLIES TO
OFFICEMAX IN AN AMOUNT NOT TO EXCEED $1,468,120.41.
APPROVED
20. RESOLUTION APPROVING PAYMENT OF 2010 MEMBERSHIP DUES TO THE
AMERICAN GAS ASSOCIATION IN THE AMOUNT OF $49,039.00.
APPROVED
21. RESOLUTION APPROVING EMPLOYMENT OF THE HUNT LAW FIRM ON AN ASNEEDED
BASIS AT AGREED-UPON HOURLY RATES.
APPROVED
22. RESOLUTION APPROVING EMPLOYMENT OF LEACH, JOHNSON, SONG AND
GRUCHOW FOR LEGAL SERVICES ON AN AS-NEEDED BASIS AT AGREED-UPON
HOURLY RATES.
APPROVED
MLGW ROLL CALL CONSENT ITEMS
MOTION: Ware
SECOND: Strickland
AYES: Boyd, Conrad, Flinn, Ford, Halbert, Lowery, Strickland, Ware and Chairman
Collins
Brown, Hedgepeth and Morrison did not cast a vote
Fullilove was absent
APPROVED
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)
Ordinance No. 5329
MOTION: Boyd
SECOND: Hedgepeth
AYES: Boyd, Brown, Conrad, Flinn, Halbert, Hedgepeth, Lowery, Morrison, Ware and
Chairman Collins
Ford and Strickland did not cast a vote
Fullilove was absent
December 15, 2009
1342
APPROVED
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)
Ordinance No. 5319
MOTION: Boyd – Hold to 12/29 and begin debate on budget on 12/17
SECOND: Strickland
Councilman Flinn asked the maker of the motion that if we go this route, to change the
budget hearings from 12/17 to 12/26, 12/27, 12/28. Councilman Strickland stated that he
agreed with this motion. Councilman Flinn then asked if the Mayor was still attempting to
get here from out of town to address us on this issue. After hearing a response from the
Chairman, Councilman Flinn stated that with a separate motion let’s move this item to the
heel of the agenda. The Chairman stated that without objection, this item will be held to
the heel of the agenda. (SEE THIS ITEM FURTHER IN THE MINUTES)
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.
Ordinance No. 5338
MOTION: Boyd
SECOND: Strickland
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Strickland and
Chairman Collins
NAYS: Ware
Morrison did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Ford
SECOND: Flinn
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Strickland, Ware and
Chairman Collins
Hedgepeth and Morrison did not cast a vote
Fullilove was absent
APPROVED
December 15, 2009
1343
28. RESOLUTION AMENDING THE FY10 CAPITAL IMPROVEMENT PROJECT
#GS0210E TO CHANGE THE EQUIPMENT ORIGINALLY SUBMITTED. THERE IS
NO CHANGE IN THE APPROVED BUDGET.
MOTION: Boyd
SECOND: Ford
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Ford
SECOND: Ware
AYES: Boyd, Brown, Conrad, Flinn, Ford, Hedgepeth, Lowery, Morrison, Strickland,
Ware and Chairman Collins
Halbert did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Ford
SECOND: Ware
AYES: Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison, Strickland,
Ware and Chairman Collins
Boyd abstained
Fullilove was absent
APPROVED
December 15, 2009
1344
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.
MOTION: Strickland
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Strickland
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Ware and Chairman Collins
Strickland did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Hedgepeth
SECOND: Ware
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
December 15, 2009
1345
APPROVED
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.
MOTION: Hedgepeth
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
MOTION: Hedgepeth
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
MOTION: Hedgepeth
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED
December 15, 2009
1346
37. RESOLUTION ACCEPTING GRANT FUNDS FROM THE DEPARTMENT OF
JUSTICE (DOJ), BUREAU OF JUSTICE ASSISTANCE FY 09 BULLETPROOF VESTS
PARTNERSHIP (BVP 2009) IN THEAMOUNT OF $63,694.03. RESOLUTION ALSO
AMENDS THE FY 2010 OPERATING BUDGET TO ESTABLISH AND APPROPRIATE
$63,694.03 IN GRANT FUNDS.
MOTION: Hedgepeth
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
MOTION: Hedgepeth
SECOND: Strickland
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
39. RESOLUTION ESTABLISHING A FUND TO ACCEPT DONATIONS SOLELY FOR
USE OF THE OPERATIONS AND PROGRAMS OF THE ANIMAL SHELTER.
MOTION: Brown
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED
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.
MOTION: Brown
December 15, 2009
1347
SECOND: Strickland
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
Contract No. CR-5150
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
Contract No. CR-5151
MOTION: Strickland
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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.
Contract No. CR-5152
MOTION: Strickland
SECOND: Morrison
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland,
Ware and Chairman Collins
December 15, 2009
1348
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED
46. RESOLUTION MODIFYING THE BASS PRO DEVELOPMENT AGREEMENT TO
REMOVE ALL REFERENCES TO SHELBY COUNTY GOVERNMENT THEREIN, TO
EXTEND THE DEVELOPMENT PERIOD TO MARCH 31, 2010, AND TO AMEND
AND INCREASE THE PYRAMID REDEVELOPMENT BUDGET LINE IN THE
AMOUNT OF $105,000.00 BY INCREASING THE AMOUNT OF REVENUE FROM
CONTRACT #25189 BY $105,000.00.
MOTION: Ford
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED, as amended in Committee
47. RESOLUTION AUTHORIZING THE SERVICES OF RELMAN AND DANE, PLLC IN
LEGAL PROCEEDINGS RELATED TO FORECLOSURES IN MEMPHIS AND
SHELBY COUNTY.
MOTION: Boyd
SECOND: Ford
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Lowery, Morrison,
Strickland, Ware and Chairman Collins
Fullilove was absent
APPROVED
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)
Ordinance No. 5319
MOTION: Flinn – Recess until 6:40 p.m. tonight
SECOND: Ware
AYES: Brown, Flinn, Ford, Ware and Chairman Collins
NAYS: Boyd, Conrad, Halbert, Lowery, Morrison and Strickland
Hedgepeth did not cast a vote
Fullilove was absent
FAILED, set up as Special Item #1
December 15, 2009
1349
MAIN MOTION: Strickland - Hold to 12/29 and begin budget discussions on 12/26/ 12/27 and
12/28
SECOND: Hedgepeth
AYES: Boyd, Conrad, Flinn, Hedgepeth, Lowery, Morrison and Strickland
NAYS: Brown, Ford, Halbert, Ware and Chairman Collins
Fullilove was absent
APPROVED, set up as Special Item #2
MINUTES
Approval of the Minutes of the regular meeting of December 15, 2009 for Items 44-47 only:
MOTION: Flinn
SECOND: Boyd
AYES: Boyd, Brown, Conrad, Flinn, Ford, Halbert, Lowery, Morrison, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Fullilove was absent
APPROVED, set up as Special Item #3
MOTION: Flinn – Reconsider the Amendment to Item #24 to hold to 12/29 and have budget
hearings on 12/26, 12/27 and 12/28
SECOND: Conrad
AYES: Conrad, Flinn, Ford, Halbert, Hedgepeth, Morrison, Strickland, Ware and
Chairman Collins
NAYS: Lowery
Boyd and Brown did not cast a vote
Fullilove was absent
APPROVED, item reconsidered. Set up as Special Item #4
MOTION: Flinn – Hold to 12/29 and have budget hearings on 12/26, 12/27 and 12/28
No action was taken on Mr. Flinn’s motion
MOTION: Conrad – Recess until 5:30 p.m. tomorrow (December 16, 2009)
SECOND: Brown
AYES: Brown, Conrad, Flinn, Ford, Halbert, Hedgepeth, Morrison and Strickland and
Chairman Collins
NAYS: Boyd, Lowery and Ware
Fullilove was absent
APPROVED, City Council meeting recessed until December 16, 2009. Set up as Special Item
#5
December 15, 2009
1350
INTRODUCTION OF ITEMS ON MATTERS BY THE GENERAL PUBLIC:
Chairman Collins recognized the following person who spoke from the audience:
Justin Camp, 4632 E. Dearing, Mphs, TN 38117
Walter Broady, 4256 Ledbetter Cove, Mphs, TN 38109
Upon statement of the Chairman, with objection, the meeting was recessed to 5:30 p.m. on
Wednesday, December 16, 2009.
MINUTES
RECESSED MEETING OF THE CITY COUNCIL
CITY OF MEMPHIS
DECEMBER 16, 2009
After the meeting was opened for the transaction of business and a quorum was declared
present, the Council considered passage of Ordinance No. 5319, Item #24. The Council made the
following motions:
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)
Ordinance No. 5319
MOTION: Strickland – Do not raise taxes for the purposes of funding schools for FY 2009-
2010
SECOND: Halbert
AYES: Boyd, Conrad, Flinn Ford, Halbert, Morrison and Strickland
NAYS: Collins
Brown and Hedgepeth did not cast a vote
Fullilove, Lowery and Ware were absent
APPROVED, set up as Special Item #2, mooting Ordinance No. 5319
Conrad Plan:
MOTION: Conrad – Pledge 16 million out of reserve and bring back to Council on January
26, 2010, 16 million in cuts for the rest of this fiscal year which will equal 32
million annually and that the 1985 document agreement is in effect
acknowledging that 18 million of debt offset which will get us to the 50 million
SECOND: Boyd
Friendly Amendment: 23 million out of reserve, increase the budget cuts from 16 million to 17
million for the 5 months left in 2009 which includes the 1985 plan and 10 million
offset
December 15, 2009
1351
MOTON: Conrad
SECOND: Boyd
AYES: Conrad
NAYS: Boyd, Brown, Flinn, Ford, Halbert, Morrison, Strickland and Chairman Collins
Hedgepeth did not cast a vote
Fullilove, Lowery and Ware were absent
FAILED, set us as Special Item #1
Strickland Plan:
MOTION: Strickland – 30 million out of reserve, 10 million in cuts from the City budget by
February 28 and use the 1985 agreement and 10 million be the offset of what the
MCS owes the City
SECOND: Boyd
Friendly Amendment: Set a floor of 10 million in cuts
Councilman Strickland accepted Councilman Flinn’s friendly amendment
No action was taken on Mr. Strickland’s motion
MOTION: Morrison – Table to the first meeting in January
SECOND: Halbert
Without Objection, item tabled to January 12, 2010
INTRODUCTION ON MATTERS BY THE GENERAL PUBLIC:
ADJOURNED MEETING AT 7:25 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
December 15, 2009
1352

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