CITY OF Memphis
COUNCIL AGENDA
March 9, 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 (February 23, 2010)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION recognizing Mr. Fred Jones as recipient of the 2010 Arthur S. Holmon
Lifetime Achievement Award which was presented by the University of Memphis Black
Student Association.
Fullilove
ACTION REQUESTED: Adopt the resolution
2. RESOLUTION honoring Stan Bell for his good works and positive impact in the
community.
Ford
ACTION REQUESTED: Adopt the resolution
3. RESOLUTION thanking Sandy Rutherford for her service to the Memphis City Council.
Collins
ACTION REQUESTED: Adopt the resolution
PUBLIC HEARINGS (None)
March 9, 2010 Page 2
DIVISION OF PLANNING & DEVELOPMENT
4. RESOLUTION approving a special use permit located on the southeast side of Channel
Avenue, +/-960.12 feet south of Jack Carley Causeway, containing 4.0 acres in the
Heavy Industrial (I-H) District.
Ford Case No. SUP 10-201
Applicant: Progress Rail Services
Todd Jones – Representative
Request: Scrap Metal Processing Yard
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
5. RESOLUTION approving a special use permit located on the north side of Knight
Arnold Road; +150 feet east of Mendenhall, containing 0.95 acre in the Local
Commercial (C-L) District.
Ford Case No. SUP 10-203
Applicant: Tower Ventures V, LLC & TV6-W, LLC
Billy Orgel – Representative
Request: Cell tower, 120 ft. monopole, standard design
LUCB recommendation: APPROVAL, with conditions
OPD recommendation: REJECTION
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
6. RESOLUTION approving a special use permit located on the west side of Ramill Road
at Twin Lakes Drive, containing 1.30 acres in the Single Family Residential (R-S8)
District.
Ford Case No. SUP 10-205
Applicant: H & M Carter, Inc.
Doveland Engineering Company
Request: Special use permit to allow a day care center
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
March 9, 2010 Page 3
7. RESOLUTION adopting the South Memphis Revitalization Action Plan.
Ford
ACTION REQUESTED: Adopt the resolution
ZONING ORDINANCE – THIRD AND FINAL READING (None)
CITY OF MEMPHIS
COUNCIL AGENDA
March 9, 2010
Public Session, Tuesday, 3:30p.m.
Council Chambers, First Floor, City Hall
125 N. Main Street
Memphis, TN 38103-2017
___________________________________________________________________________________
CONSENT AGENDA
GENERAL ORDINANCES - FIRST READING
8. ORDINANCE amending City of Memphis Code of Ordinances, Section 20-28, relative
to Panhandling, up for F I R S T reading.
Lowery Ordinance No. 5348
ACTION REQUESTED: Adopt the ordinance on First reading
9. ORDINANCE to create the City of Memphis Alcohol Impact Area, up for F I R S T
reading.
Lowery Ordinance No. 5349
ACTION REQUESTED: Adopt the ordinance on First reading
GENERAL ORDINANCES - SECOND READING
10. ORDINANCE amending Chapter 2 Code of Ordinances, City of Memphis, to amend
certain sections of 2-291 relating to Real Property, up for S E C O N D reading.
Hedgepeth Ordinance No. 5346
ACTION REQUESTED: Adopt the ordinance on Second reading
11. REFERENDUM ORDINANCE to amend the Charter of the City of Memphis, same
being Chapter 11 of the Acts of 1879, as amended, pursuant to the provisions of Article
11, Section 9 of the Constitution of the State of Tennessee (Home Rule Amendment) so
as to repeal the procedure staggered terms and to provide for the Election of the
Memphis City Council, Office of the Mayor and City Court Clerk, to Four-Year Terms,
up for S E C O N D reading.
Strickland Ordinance No. 5347
ACTION REQUESTED: Adopt the ordinance on Second reading
March 9, 2010 Page 5
ZONING ORDINANCE - FIRST READING
12. ORDINANCE rezoning the northwest side of S. Third Street; +/-191.93 feet northeast of
W. Holmes Road, containing 1.21 acres in the Single Family Residential (R-S6) and
Highway Commercial (C-H) Districts, up for F I R S T reading.
Ford Ordinance No. 5350
Case No. Z 10-101
Applicant: Howard and Lawrence Lipman
SR Consulting, LLC - Representative
Request: Highway Commercial (C-H) District
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Adopt the ordinance on First reading
ZONING ORDINANCE - SECOND READING (None)
ENGINEERING
13. RESOLUTION approving final plat of WHITTEN I-40 P.D., PHASE 20.
Case No. PD 05-320
Contract No. CR-5154
Resolution approves the final plat located on the north side of Century Center
Parkway, west of Whitten Road. Cost of the required improvements to be borne
by the developer. Resolution also authorizes the proper officials to execute the
attached standard improvement contract.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
14. RESOLUTION approving final plat of WHITTEN I-40 P.D., PHASE 21.
Case No. PD 05-320
Resolution approves the final plat located on the north side of Century Center
Parkway, west of Whitten Road. Cost of the required improvements to be borne
by the developer.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
15. RESOLUTION accepting STONEBRIAR P.D., PHASE 4, AREA 6 and authorizing
release of bond.
Case No. PD 03-335cc
(Contract No. CR-4865)
March 9, 2010 Page 6
Resolution accepts completion of the improvements and the dedication of public
streets and easements as shown on the final plat located on the west side of
Shades Valley Place, south of East Holmes Road. The standard improvement
contract was approved on July 4, 2004. Resolution also authorizes the release of
the cashier’s check in the amount of $51,000.00. This action is subject to County
approval.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
NOTATION FROM OPD
16. NOTATION from Land Use Control Board that the following case was heard and
recommendation made requesting a date of public hearing:
A. Case No. PD 10-301 – Memphis Depot Business Park P.D., Amended
Located on the northwest corner of Airways Boulevard and Memphis Depot
Parkway, containing 11.02 acres in an area currently governed by Memphis
Depot Business Park Planned Development (P.D. 04-378)
Applicant: Depot Redevelopment Corporation
SR Consulting, LLC - Representative
Request: Plan amendment to add a parcel for a new Area ‘A-3’ to allow
office use; increase the Common Open Space in Area ‘B-3’
for future detention; including the location of a pump house in
Area ‘C-2’ of the Outline Plan
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: March 23, 2010
CITY OF MEMPHIS
COUNCIL AGENDA
March 9, 2010
Public Session Tuesday, 3:30 p.m.
Council Chambers, First Floor, City Hall
125 North Main Street
Memphis, Tennessee 38103-2017
MLGW FISCAL CONSENT
17. RESOLUTION approving Change No. 4 to Contract No. 11072, MLGW Employee Assistance
Program, with Methodist Healthcare, Inc. in the funded amount of $28,500.00. (This extends
the current contract for a one-year term, April 1, 2010 to March 31, 2011).
18. RESOLUTION approving exercise of option to extend contract for the third and final 12-month
renewal covering the period March 24, 2010 to March 23, 2011, for various sizes of rotary and
diaphragm gas meters, with the following:
Elster American Meter Company………………………………… $1,147,810.00
Romet International LTD……………………………………………… 332,918.00
Total………………………………………………………………… $1,480,728.00
19. RESOLUTION awarding contract to Venture Technologies for the Deployment of Project for a
Wireless Network (Phase I) in the amount of $49,930.54.
20. RESOLUTION approving contract between MLGW and GDS Associates, Inc. for professional
consulting services to assist MLGW with preparation for NERC registration, process and
procedure implementation, technical studies and evaluations, and readiness assessment, in an
amount not to exceed $120,000.00.
21. RESOLUTION approving and ratifying an agreement and amendments between MLGW (acting
for itself and on behalf of the City of Memphis) and TVA providing arrangements pursuant to
which TVA agrees to serve as the responsible party to the North American Electric Reliability
Corporation (NERC) and the SERC Reliability Corporation (SERC) for MLGW’s compliance
with the NERC Functional Model Reliability Standards applicable to MLGW for the period
beginning September 28, 2009 and ending April 30, 2010. TVA shall be paid an administrative
fee of $10,000.00 per month for the services provided for in the contract.
22. RESOLUTION approving Change No. 1 to Contract No. 11332, Short & Long Term Disability,
with Unum Group in the funded amount of $5,048,635.00. (This change renews the current
contract for two additional terms, April 1, 2010 to March 31, 2012).
March 9, 2010 Page 8
23. RESOLUTION approving Change No. 1 to Contract No. 11333, Group Term, Voluntary Life
and Accidental Death and Dismemberment, with Unum Group in the funded amount of
$11,937,456.00. (This change renews the current contract for three additional terms, April 1,
2010 to March 31, 2013).
24. RESOLUTION approving Change No. 6 to Contract No. 11028, Security Services, with CDA,
Inc. in the funded amount of $630,409.78. (This change extends the contract for a 90-day
period, April 1, 2010 to June 30, 2010, with no increase in rates and is contingent upon CDA’s
acceptance of the terms and conditions under the current contract).
CITY OF MEMPHIS COUNCIL AGENDA
March 9, 2010
Public Session, Tuesday, 3:30 p.m.
Council Chambers, First Floor, City Hall
125 N. Main Street
Memphis, TN 38103-2017
_________________________________________________________________________
REGULAR AGENDA
GENERAL ORDINANCE -THIRD AND FINAL READING
25. 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 T H I R D and F I N A L reading.
Strickland Ordinance No. 5345
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION (None)
FINANCE & ADMINISTRATION
26. RESOLUTION authorizing and providing for the issuance, sale and delivery of not to
exceed Seventy-Five Million Dollars ($75,000,000.00) principal amount of City of
Memphis, Tennessee Bond Anticipation Notes for the purpose of refunding certain
outstanding Bond Anticipation Notes of the City.
Morrison
ACTION REQUESTED: Adopt the resolution
27. RESOLUTION authorizing and providing for the issuance, sale and delivery of not to
exceed Eighty-Five Million Dollars ($85,000,000.00) principal amount of City of
Memphis, Tennessee General Improvement Bonds for the purpose of refunding certain
outstanding Bond Anticipation Notes of the City.
Morrison
ACTION REQUESTED: Adopt the resolution
DIVISION OF FIRE SERVICES (None)
DIVISION OF GENERAL SERVICES (None)
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT (None)
March 9, 2010 Page 10
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 (None)
GENERAL ITEM
28. RESOLUTION supporting HB 2635 and encourages its passage by the State Legislature.
Strickland
ACTION REQUESTED: Adopt the resolution
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT
March 9, 2010 Page 11
ADD-ONS
29. RESOLUTION approving a hotel waiver for Sun Inn located at 1543 Elvis Presley Boulevard.
Ford Case No. HMW 10-01
ACTION REQUESTED: Adopt the resolution
30. RESOLUTION supporting HB 3593 and SB 3388 creating a pilot project in Shelby County
for a voluntary foreclosure mediation program.
Strickland
ACTION REQUESTED: Adopt the resolution
31. RESOLUTION supporting a payroll deduction option for City employees to donate to the MED.
Strickland
ACTION REQUESTED: Adopt the resolution
32. RESOLUTION to receive and appropriate $42,000.00 from the United Way through the
Foundation for the Library to fund a Database Manager position for the LINC 2-1-1 service of
the Memphis Public Library and Information Center.
Ware
ACTION REQUESTED: Adopt the resolution
33. RESOLUTION to receive and appropriate $17,940.00 from the Friends of the Memphis Public
Library to fund Temporary Salaries in the Friends Second Editions Book Store in the Central
Library of the Memphis Public Library and Information Center.
Ware
ACTION REQUESTED: Adopt the resolution
34. RESOLUTION sparing the Fairgrounds Arena Building from being demolished.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
35. RESOLUTION requesting the Administration and the Public Services & Neighborhood Director
to not consider any costs associated with the vehicle safety equipment examination in the FY
2011 & O&M Budget proposal.
Morrison
March 9, 2010 Page 12
ACTION REQUESTED: Adopt the resolution
ACTION TAKEN ON THE COUNCIL ON THIS DATE
1. Approved
2. Held until March 23, 2010
3. Through 5 – Approved
6. Approved, as amended
7. Through 15 – Approved
16. Public Hearing Set for March 23, 2010
17. Through 24 – Approved
25. Failed
26. Through 28 – Approved
29. Held until March 23, 2010
30. Through 34 – Approved
35. Sent Back to Committee
ACTION TAKEN ON THE MINUTES OF FEBRUARY 23, 2010 MEETING
Approved
ACTION TAKEN ON THE MINUTES OF ITEMS #20, #31, #32, #33 & #34 FROM
TONIGHT’S MEETING
Approved

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