CITY OF Memphis
COUNCIL AGENDA
April 13, 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 (March 23, 2010)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION recognizing Melrose Boys’ Varsity Basketball Team for winning the
2010 AAA State Championship.
Halbert
ACTION REQUESTED: Adopt the resolution
PUBLIC HEARINGS
2. RESOLUTION approving a planned development located on the south side of Quince
Road, beginning 600 feet west of Kirby Parkway and extending west to Wheels Cove,
containing 54.8 acres in an area currently governed by the conditions for P.D. 05-355.
Ford Case No. PD 10-303
Applicant: KG Land, LLC (Walter Willis)
Fisher and Arnold, Inc., David Baker – Representative
Request: Amendment to Kirby Gate P.D. to add office showroom,
automobile service and restaurant with drive thru windows
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
April 13, 2010 Page 2
49 NOTICES WERE MAILED ON MARCH 26, 2010
3. RESOLUTION approving a planned development located on the southwest corner of
Blythe Street and Nelson Avenue, containing 0.45 acre in the Single Family Residential
(RS-6) District.
Ford Case No. PD 10-304
Applicant: MDS Realty, LLC – (Jim Petitt)
David W. Milem Consulting Engineer – Representative
Request: 1) Re-use church for storage, audio-visual recording studio,
student lessons and upstairs apartment; 2) Maintain existing single
family house; 3) Provide parking for drum shop staff; 4) Permit
temporary tents (3 year) for special events
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
132 NOTICES WERE MAILED ON MARCH 26, 2010
DIVISION OF PLANNING & DEVELOPMENT
4. RESOLUTION approving a hotel waiver for Sun Inn located at 1543 Elvis Presley
Boulevard. (Held from 3/9; 3/23)
Ford Case No. HMW 10-01
ACTION REQUESTED: Adopt the resolution
5. RESOLUTION approving a hotel waiver for the Raddison Hotel located at 2411
Winchester Road.
Ford Case No. HMW 10-02
ACTION REQUESTED: Adopt the resolution
6. RESOLUTION approving a use variance on the east side of Malone Road 900 feet south
of Holmes and the southwest corner of Holmes Road and Pleasant Hill Road, containing
475 acres in the Agriculture (AG) District.
Ford Case No. UV 10-01
Applicant: BFI Waste Systems of North America
Homer Branan and John Harris, Jr. – Representative
Request: Time extension to continue to operate sanitary landfill
LUCB and OPD recommendation: APPROVAL
ACTION REQUESTED: Take whatever action Council deems advisable
No Public Hearing Required; No Opposition at LUCB
April 13, 2010 Page 3
7. RESOLUTION approving a use variance located on the northwest corner of Texas
Street and South Parkway East, containing 0.785 acre (34,195 sq. ft.) in the Single
Family Residential (R-S6) District.
Ford Case No. UV 10-02
Applicant: Mt. Zion M. B. Church
Smith Building Design (Delinor Smith) – Representative
Request: Use Variance to allow church parking
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Public Hearing Required; No Opposition at LUCB
8. RESOLUTION approving a use variance located on the southeast corner of Manassas
Street and Wells Avenue, containing 4,000 sq. ft., in the Single-Family Residential
(R-S6) District.
Ford Case No. UV 10-03
Applicant: William H. Lee
Request: Amend site plan to enlarge a restaurant use previously approved
by a use variation
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Public Hearing Required; No Opposition at LUCB
ZONING ORDINANCE – THIRD AND FINAL READING
9. 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 T H I R D and F I N A L 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: Take whatever action Council deems advisable
36 NOTICES MAILED ON MARCH 26, 2010
CITY OF MEMPHIS
COUNCIL AGENDA
April 13, 2010
Public Session, Tuesday, 3:30p.m.
Council Chambers, First Floor, City Hall
125 N. Main Street
Memphis, TN 38103-2017
___________________________________________________________________________________
CONSENT AGENDA
GENERAL ORDINANCE - FIRST READING
10. ORDINANCE to amend Chapter 21, Motor Vehicles and Traffic, Article IX, Inspection
of Vehicles to require annual inspection only for vehicles four (4) years old or
older, up for F I R ST reading.
Ware Ordinance No. 5351
ACTION REQUESTED: Adopt the Ordinance on First reading
GENERAL ORDINANCE - SECOND READING (None)
ZONING ORDINANCE - FIRST READING (None)
ZONING ORDINANCE - SECOND READING (None)
ENGINEERING
11. RESOLUTION approving final plat of LEGENDS PARK PD, PH. 3.
Case No. PD 07-338
Resolution approves the final plat located at the corner of Poplar Ave. and Ayers
St.. Cost of the required improvements to be borne by the Developer.
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
12. RESOLUTION approving final plat of UPTOWN CENTER WEST SUBDIVISION.
Case No. S 09-010
Contract No. CR-5155
Resolution approves the final plat located on the southwest corner of Mill
Avenue and Thomas Street. Cost of the required improvements to be borne by
the Agency, Developer and the contractor. Resolution also authorizes the
proper officials to execute the attached standard improvement contract.
April 13, 2010 Page 5
City Engineer recommends approval
ACTION REQUESTED: Adopt the resolution
NOTATION FROM OPD
13. 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 10-305 – MEMPHIS BUSINESS ACADEMY PLANNED
DEVELOPMENT, AMENDED
Located on the southeast corner of Frayser Boulevard and Overton Crossing
Road, containing 2,725.50 sq. ft. of 8.32 acres and is currently governed by
Memphis Business Academy Planned Development (P.D. 09-326).
Applicants: Tower Ventures V, LLC
Prime Development Group, Inc. – Representative
Request: Plan amendment to allow a cellular communications tower
one-hundred sixty (160) feet in height with flush-mount
antennae as an accessory structure
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: April 27, 2010
CITY OF MEMPHIS
COUNCIL AGENDA
April 13, 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
14. RESOLUTION awarding Contract No. 11366, Retrofit of High-Pressure Underground
Transmission Cable Terminations, to W. A. Chester, L.L.C., in the funded amount of
$1,398,000.00.
15. RESOLUTION approving Contract No. 11428, Other Post-Employment Benefits (OPEB) Trust
Audit, with Banks, Finley, White and Company, in the funded amount of $65,000.00.
16. RESOLUTION approving Contract No. 11429, Retirement and Pension System Audit, with
Banks, Finley, White and Company, in the funded amount of $97,500.00.
17. RESOLUTION approving Change No. 7 to Contract No. 10344, Computer Associates
Combined Products, with Computer Associates International, Inc. in the funded amount of
$1,069,510.00. (This change renews the contract for a five-year term, April 28, 2010 to April
27, 2015, with a savings of $148,070.00 for support during the term).
18. RESOLUTION approving Change No. 4 to Contract No. 10793, Professional Portfolio
Software, with Advent Software, Inc. in the funded amount of $27,550.10. (This change
provides annual maintenance and software upgrade from AXYS Version 3.7 to AXYS Version
3.8, and renews the contract for the period May 11, 2010 through May 10, 2011, with a 4.35%
increase from the previous year due to the software upgrade).
19. RESOLUTION approving Change No. 2 to Contract No. 11213, Meter Data Management
System, with Itron, Inc. in the funded amount of $16,501.19, for a new contract value of
$507,354.49. (This change ratifies previous invoice payments for travel in the amount of
$13,373.59 and authorizes payment of invoices for travel in the amount of $3,127.60).
20. RESOLUTION awarding contract for mesh wire screens and accessories to Jesco Industries in
the amount of $50,645.00.
April 13, 2010 Page 7
21. RESOLUTION awarding 60-month contract for distribution transformers, as follows:
Howard Industries………………………………………………… $11,217,508.00
Central Moloney, Inc……………………………………………… 1,559,399.40
ERMCO c/o Utility Sales Agency………………………………… 1,882,170.90
CG POWER Systems USA, Inc…………………………………… 6,666,261.70
60-Month Total: $21,325,340.00
22. RESOLUTION approving agreement between MLGW and TVA whereby MLGW will provide
$50,000.00 to TVA’s Comprehensive Services Program and TVA will match with an additional
$50,000.00. MLGW’s funding ($50,000.00) is reimbursable through federal Energy Efficiency
and Conservation Block Grant (EECBG) funding.
23. RESOLUTION approving an amendment to the agreement between MLGW (acting for itself
and on behalf of the City of Memphis, Tennessee) 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. TVA shall be paid an administrative fee
of $10,000 per month not to exceed $80,000. This amendment will extend the contract for the
period beginning May 1, 2010 and ending December 31, 2010.
24. RESOLUTION giving MLGW’s Vice President and General Counsel settlement authority to
pay a claim in the amount of $37,080.47.
25. RESOLUTION approving Change No. 3 to Contract No. 10929, Licensing Agreement between
MLGW and E-Source, Inc., in the funded amount of $187,700.00. (This change renews the
contract for the term May 1, 2010 to April 30, 2011, removes the Managed Account Service
(MAS), and adds the Business Markets Service).
26. RESOLUTION approving Change No. 1 to Contract No. 11277, Emergency Generator for Shaw
Pumping Station, with Tri-State Armature & Electrical Works, Inc., in the funded amount of
$6,333.00, for a new contract value of $1,679,980.00. (This change covers the relocation of
Veeder Root (VR) conduits to prevent overfilling and spilling, and a two-man operating crew).
27. RESOLUTION awarding 60-month strategic alliance contract covering the period May 3, 2010
to May 2, 2015, for substation metal-clad switchgear complexes to AZZ/Central Electric
Manufacturing Company c/o HV Sales Company, Inc. in an amount not to exceed
$15,000,000.00.
28. RESOLUTION approving exercise of option to extend contract with Pencco, Inc. for a second
12-month period, May 20, 2010 to May 19, 2011, for fluorosilicic acid in the amount of
$790,432.00.
29. RESOLUTION awarding 24-month contract covering the period April 28, 2010 to April 27,
2012, for electric meter covers to Vincent Sales, Inc. in the amount of $33,264.00.
30. RESOLUTION awarding 24-month contract covering the period April 28, 2010 to April 27,
2012, for luminaire pendants to Stuart C. Irby in the amount of $333,880.00.
31. RESOLUTION approving payment to U. S. Department of Transportation, Department of
Pipeline and Hazardous Materials Safety Administration, for pipeline user fee in the amount of
$42,142.23.
CITY OF MEMPHIS
COUNCIL AGENDA
April 13, 2010
Public Session, Tuesday, 3:30 p.m.
Council Chambers, First Floor, City Hall
125 N. Main Street
Memphis, TN 38103-2017
_________________________________________________________________________
REGULAR AGENDA
32. APPOINTMENT
Strickland Memphis and Shelby County Industrial Development Board
Reappointment
Mark Yates
GENERAL ORDINANCES -THIRD AND FINAL READING
33. 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 T H I R D and F I N A L reading. (Held from 3/23)
Strickland Ordinance No. 5347
ACTION REQUESTED: Take whatever action Council deems advisable
34. ORDINANCE amending City of Memphis Code of Ordinances, Section 20-28, relative
to Panhandling, up for T H I R D and F I N A L reading.
Lowery Ordinance No. 5348
ACTION REQUESTED: Take whatever action Council deems advisable
35. ORDINANCE to create the City of Memphis Alcohol Impact Area, up for T H I R D and
F I N A L reading.
Lowery Ordinance No. 5349
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION (None)
FINANCE & ADMINISTRATION (None)
April 13, 2010 Page 9
DIVISION OF FIRE SERVICES (None)
DIVISION OF GENERAL SERVICES
36. RESOLUTION accepting an offer to purchase City owned property located adjacent to
960 South Third Street. (Held from 3/23)
Hedgepeth
ACTION REQUESTED: Adopt the resolution
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT
37. RESOLUTION accepting the Memphis Housing Authority transfer of Manassas
School to the City of Memphis.
Brown
ACTION REQUESTED: Adopt the resolution
DIVISION OF HUMAN RESOURCES (None)
LAW DIVISION (None)
MLGW DIVISION (None)
PARK SERVICES (None)
DIVISION OF POLICE SERVICES (None)
DIVISION OF PUBLIC SERVICES
38. RESOLUTION requesting the Administration to remove funding from proposed
FY 2011 O&M Budget to cover costs associated with vehicle inspections.
Ware
ACTION REQUESTED: Adopt the resolution
DIVISION OF PUBLIC WORKS
39. RESOLUTION amending the FY10 Capital Improvement Budget by transferring an
allocation of $1,053,500.00 in Federal Grant Funds from Contract construction to
Architecture and Engineering, in ARRA Repaving project number PW01198. This
allocation will bring funding in line with guidelines recommended by the Tennessee
Department of Transportation (TDOT).
Hedgepeth
ACTION REQUESTED: Adopt the resolution
GENERAL ITEM
40. RESOLUTION amending the FY2010 Operating Budget, by appropriating
$2,000,000.00 to the MED, for a one time emergency grant, to ensure this institution’s
doors remain open. (Held from 2/23)
Brown
April 13, 2010 Page 10
ACTION REQUESTED: Adopt the resolution
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT
April 13, 2010 Page 11
ADD-ONS
41. RESOLUTION amending the FY2010 Capital Improvement Budget by appropriating
$1,940,278.00 funded by G.O. Bonds-General, for the Metal Museum N. Bluff Repair, project
number PW04073 and for a construction contract with Chris Hill Construction, plus Potential
Uncertainties. Resolution funding emergency repairs to stabilize the bank at the National
Ornamental Metal Museum to protect the Foundry Building.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
42. RESOLUTION approving the Healthcare Plan recommendation.
Strickland
ACTION REQUESTED: Adopt the resolution
43. ORDINANCE amending Chapter 21, Article V, Code of Ordinances, City of Memphis,
to update regulations regarding the operation of Bicycles within the City of Memphis, up
for F I R S T reading.
Lowery Ordinance No. 5352
ACTION REQUESTED: Adopt the ordinance on First reading
44. RESOLUTION to appropriate funds for MCS in the following amounts:
$20,000,000.00 – May 1, 2010
$20,000,000.00 – June 1, 2010
$10,000,000.00 – by October 1, 2010
Lawsuits will continue as prescribed and filed and MCS agrees to pay Charter School funds,
as outlined and agreed upon previously.
Halbert
ACTION REQUESTED: Adopt the resolution
45. RESOLUTION approving a use variance located on the northwest corner of Walker Avenue and
Blythe Street, containing 0.36 acre in the Single Family Residential (R-S6) District.
Ford Case No. UV 10-05
Applicant: Cooper Young Community Farmers Market
Robin Rodriguez – Representative
Request: Community Farmer’s Market
April 13, 2010 Page 12
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
ACTION TAKEN BY COUNCIL ON THIS DATE
1. Approved
2. and 3 – Approved, as amended
4. Approved, for a 6 month hotel waiver
5. Through 7 – Approved
8. Approved, as amended
9. Through 12 – Approved
13. Public Hearing set for April 27, 2010
14. Through 18 – Approved
19. Back to Committee on April 27, 2010
20. Through 32- Approved
33. Approved, as amended
34. Approved
35. Held to April 27, 2010
36. and 37 – Approved
38. Held to May 11, 2010
39. Through 45 – Approved
ACTION TAKEN ON THE MINUTES OF MARCH 23, 2010
Approved
ACTION TAKEN ON THE MINUTES OF APRIL 13, 2010 FOR ITEMS 17, 24, 36, 41 &
45 ONLY:
Approved. Set up as Special Item #6

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