CITY OFMEMPHIS
COUNCIL AGENDA
January 26, 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 (January 12, 2010)
ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING
ITEMS HELD OR DROPPED FROM THE AGENDA
PRESENTATIONS AND RECOGNITION OF VISITORS
1. RESOLUTION honoring Wiles-Smith Drugstore.
Conrad
ACTION REQUESTED: Adopt the resolution
2. RESOLUTION honoring the mission of Friends for Life and the positive impact it has
on those living with HIV/AIDS. (Held from 1/12)
Fullilove
ACTION REQUESTED: Adopt the resolution
3. RESOLUTION honoring the life of John Shelton Wilder. (Held from 1/12)
Flinn
ACTION REQUESTED: Adopt the resolution
4. RESOLUTION commending the White Station High School Spartans football team and
coaches on their outstanding 2009 season, wherein the Spartans won both the District 16
AAA and Class 6A State TSSAA championships.
Fullilove
ACTION REQUESTED: Adopt the resolution
January 26, 2010 Page 2
PUBLIC HEARINGS
5. RESOLUTION approving an appeal located on the west terminus of Fairway Avenue,
1,300 feet west of Horn Lake Road.
Ford Case No. S 09-012
Applicant/Appellant: Southern Housing Company
Request: Overturn the decision of the Land Use Control Board on
November 12, 2009 which rejected a subdivision plan for 156 lots
for single family homes
LUCB recommendation: REJECTION
OPD recommendation: APPROVAL
ACTION REQUESTED: Take whatever action Council deems advisable
60 NOTICES MAILED ON JANUARY 15, 2010
6. RESOLUTION approving an appeal located on the east side of Old Getwell Road, 256
feet south of Premier Avenue.
Ford Case No. S 09-013
Applicant/Appellant: Ronald Anglin
Request: Overturn the decision of the Land Use Control Board on
November 12, 2009 which requires the applicant to install curb,
gutter, sidewalk and landscaping on the Old Getwell Road
frontage of the proposed subdivision and install sidewalk on the
New Getwell Road frontage of the proposed subdivision
LUCB and OPD recommendation: Deny a variance to the improvements
ACTION REQUESTED: Take whatever action Council deems advisable
11 NOTICES MAILED ON JANUARY 15, 2010
7. 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.
Ford 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
ACTION REQUESTED: Take whatever action Council deems advisable
January 26, 2010 Page 3
92 NOTICES MAILED ON JANUARY 15, 2010
8. RESOLUTION approving a use variance located on the south side of Faxon Avenue; +/-
472.60 feet east of National Street, containing 0.229 acre in the Duplex Residential (RD)
District. (Held from 1/12)
Ford Case No. UV 09-06
Applicant: Mid-South Outlet Store/Dee Bradford, Terry Neuenschwander
Bill Fuller – Representative
Request: A use variance for a new parking lot to serve 3432 Summer Ave.
LUCB and OPD recommendation: REJECTION
ACTION REQUESTED: Take whatever action Council deems advisable
65 NOTICES MAILED ON DECEMBER 31, 2009
DIVISION OF PLANNING & DEVELOPMENT
9. RESOLUTION approving a hotel waiver for Real Value Inn located at 3896 Lamar.
Ford Case No. HMW 09-05
ACTION REQUESTED: Adopt the resolution
10. RESOLUTION approving a special use permit located on the north side of Raines Road;
+330 feet east of Opportunity Road intersection, containing 15.6 acres in the Heavy
Industrial (I-H) District.
Ford Case No. SUP 09-216
Applicant: Roy and Doris Heath, d/b/a R & D Enterprises
Lorenzo Lester - Representative
Request: Cemetery
LUCB and OPD recommendation: APPROVAL, with conditions
ACTION REQUESTED: Take whatever action Council deems advisable
No Opposition at LUCB; No Public Hearing Required
11. RESOLUTION directing the Office of Planning and Development to work with the
Memphis Regional Design Center and Midtown Development Corporation to develop a
Midtown Overlay.
Flinn
ACTION REQUESTED: Adopt the resolution
12. RESOLUTION directing the Office of Planning and Development to work with the
University of Memphis and the South Memphis Renaissance Collaborative to present the
South Memphis Plan for adoption by the Land Use Control Board and Memphis City
Council.
January 26, 2010 Page 4
Fullilove &
Ford
ACTION REQUESTED: Adopt the resolution
ZONING ORDINANCE – THIRD AND FINAL READING
13. ORDINANCE rezoning the northwest corner of North Bellevue and Smith Avenue,
containing 0.26(11,325.60 sq. ft.) in the Local Commercial (C-L) District, up for
T H I R D and F I N A L reading.
Ford Ordinance No. 5342
Case No. Z 09-107
Applicant: Wolf River Site Development, LLC
Request: Highway Commercial (C-H) District
LUCB and OPD recommendation: REJECTION
ACTION REQUESTED: Take whatever action Council deems advisable
108 NOTICES MAILED ON JANUARY 15, 2010
CITY OF MEMPHIS
COUNCIL AGENDA
January 26, 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
14. ORDINANCE to amend the Code of Ethics Ordinance 5206, Chapter 2.5, Article I,
Section 2-10-5 (1), up for F I R S T reading.
Strickland &
Collins Ordinance No. 5344
ACTION REQUESTED: Adopt the ordinance on First reading
GENERAL ORDINANCE - SECOND READING (None)
ZONING ORDINANCE - FIRST READING (None)
ZONING ORDINANCE - SECOND READING (None)
ENGINEERING
15. RESOLUTION accepting LAMAR CROSSING P.D., PHASE 2, AREA A and
authorizing release of bond.
Case No. PD 06-313
(Contract No. CR-5090)
Resolution accepts completion of the improvements and the dedication of public
streets and easements as shown on the final plat located at the corner of Lamar
Avenue and Dunn. The standard improvement contract was approved on August
31, 2007. Resolution also authorizes the release of the performance bond in the
amount of $58,100.00.
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:
January 26, 2010 Page 6
A. Case No. PD 09-326 – Memphis Business Academy P.D.
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)
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
ACTION REQUESTED: Set a date of public hearing
SUGGESTED DATE: February 9, 2010
GENERAL ITEM
17. RESOLUTION commending Anaya Suggs whose heroic actions saved the lives of her
family members. (Held from 1/12)
Hedgepeth
ACTION REQUESTED: Adopt the resolution
CITY OF MEMPHIS
COUNCIL AGENDA
January 26, 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
18. RESOLUTION awarding 24-month contracts for electric meters as follows: (Held from 1/12)
Landis & Gyr c/o Stuart C. Irby…………………………$773,160.00
H D Supply Company…………………………………….278,375.00
Total……………………………………………………$1,051,535.00
19. RESOLUTION approving Change No. 4 to Contract No. 10985, Master Lease Agreement, with
SkillSoft Corporation in the funded amount of $11,529.72, for a new contract value of
$174,635.97. (This provides MLGW with a Library License for Business Courseware
Collection with an audience size of 150 employees covering the period January 31, 2010 to
January 30, 2011 and covers a change in the course curriculum offered by SkillSoft to train
MLGW employees for various work-related tasks).
20. RESOLUTION awarding 48-month contract for the rental of copy machines to RJ Young
Company in the amount of $612,948.00.
21. RESOLUTION extending contracts with NovaCopy and The Office Products Store c/o Konica
Minolta Business Solutions to March 1, 2010 for the rental of copy machines and ratifying
expenditure of funds in the amount of $12,877.39 since the expiration of these contracts on
August 10, 2009.
22. RESOLUTION awarding contract for luminaire pendants to Industrial Sales Company in the
amount of $69,220.80.
CITY OF MEMPHIS COUNCIL AGENDA
January 26, 2010
Public Session, Tuesday, 3:30 p.m.
Council Chambers, First Floor, City Hall
125 N. Main Street
Memphis, TN 38103-2017
_________________________________________________________________________
REGULAR AGENDA
23. APPOINTMENTS
Strickland
Memphis Area Transit Authority
Reappointment
Fred D. Johnson
Memphis and Shelby County Center City Revenue Finance Corporation
Appointment
Carla Peacher-Ryan
Memphis and Shelby County Cross Connection Board
Appointment
Odell Johnson, Jr.
GENERAL ORDINANCES -THIRD AND FINAL READING
24. 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)
Flinn Ordinance No. 5323
ACTION REQUESTED: Take whatever action Council deems advisable
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; 12/15)
Boyd Ordinance No. 5331
ACTION REQUESTED: Take whatever action Council deems advisable
January 26, 2010 Page 9
26. 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 T H I R D and F I N A L
reading.
Collins Ordinance No. 5343
ACTION REQUESTED: Take whatever action Council deems advisable
ENGINEERING DIVISION (None)
EXECUTIVE DIVISION
27. RESOLUTION appropriating $45,011.60 for CIP Project Number IS01053, Treasury
System Upgrade, which was approved by City Council in the FY2010 CIP Budget.
Conrad
ACTION REQUESTED: Adopt the resolution
FINANCE & ADMINISTRATION (None)
DIVISION OF FIRE SERVICES (None)
DIVISION OF GENERAL SERVICES
28. RESOLUTION transferring $32,787.00 from FY10 Capital Acquisition #GS0210H to
#GS0210F for funds necessary to purchase a fuel truck. There is no change in the
approved budget.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT (None)
DIVISION OF HUMAN RESOURCES (None)
LAW DIVISION (None)
MLGW DIVISION (None)
PARK SERVICES (None)
DIVISION OF POLICE SERVICES
29. RESOLUTION transferring an allocation of $35,000.00 from Contract construction to
Furniture Fixtures and Equipment and appropriating $135,000.00 for Furniture Fixtures
and Equipment with the low complying bid from Office Scapes, Inc., for the Police
Academy Renovations, CIP Project Number PD01006, as part of the FY09 Capital
Improvement Program, funded by G.O. Bonds General.
Lowery
January 26, 2010 Page 10
ACTION REQUESTED: Adopt the resolution
DIVISION OF PUBLIC SERVICES (None)
DIVISION OF PUBLIC WORKS
30. RESOLUTION amending the FY 2010 Capital Improvement Budget by transferring an
allocation of $2,750,000.00 funded by G.O. Bonds (Storm Water) from Major Drainage
Rehab/Replace, Project Number ST03098, to Infrastructure Rehab FY09, Project
Number ST03115, for rehab of storm drainage infrastructure. Resolution also
appropriates $2,750,000.00 funded by G.O. Bonds (Storm Water) for Infrastructure
Rehab FY09, Project Number ST03115, for a construction contract with Ferrell Paving,
Inc.
Hedgepeth
ACTION REQUESTED: Adopt the resolution
GENERAL ITEMS
31. RESOLUTION by the Memphis City Council of Shelby County, Tennessee, requesting
the Shelby County Delegation to support, and members of the Tennessee General
Assembly to enact, legislation as proposed by the City of Memphis’ Legislative Agenda
2010.
Strickland
ACTION REQUESTED: Adopt the resolution
32. RESOLUTION amending the FY 2010 Operating Budget by appropriating an additional
$50,000.00 for the Tire Redemption Program.
Collins
ACTION REQUESTED: Adopt the resolution
APPEARANCE CARDS FOR PUBLIC SPEAKING
ADJOURNMENT
January 26, 2010 Page 11
ADD-ON
33. RESOLUTION encouraging the Tennessee General Assembly to support and designate funding
for the Memphis Research Consortium.
Strickland
ACTION REQUESTED: Adopt the resolution
ACTION TAKEN BY COUNCIL ON THIS DATE
1. Through 4 – Approved
5. Failed
6. Approved
7. Held until February 9, 2010
8. Failed
9. Held until February 9, 2010
10. Through 12 – Approved
13. Held until February 23, 2010
14. & 15 – Approved
16. Public Hearing Set for February 9, 2010
17. Through 23 – Approved
24. Held until February 9, 2010
25. Held until February 23, 2010
26. Through 31 – Approved
32. Held until February 9, 2010
33. Approved
ACTION TAKEN ON THE MINUTES OF JANUARY 12, 2010 MEETING
Approved, as amended
ACTION TAKEN ON THE MINUTES OF ITEM #18 FROM TONIGHT’S MEETING
Approved