January 12, 2010
1354
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF Memphis
January 12, 2010
3:30 P.M. SCHEDULED SESSION

3:30 P.M. MEETING COMMENCED
ROLL CALL: William Boyd, Kemp Conrad, Shea Flinn, Edmund Ford, Jr., Janis
Fullilove, Wanda Halbert, Reid Hedgepeth, Myron Lowery, Jim
Strickland, Barbara Swearengen Ware and Chairman Harold Collins. Joe
Brown and Bill Morrison were absent.
THE MEETING WAS CALLED TO ORDER
BY SERGEANT-AT-ARMS
INVOCATION
The meeting was opened with prayer by Rev. Randel McCarty, from Cathedral of Praise.
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.
4. RESOLUTION APPROVING A PLANNED DEVELOPMENT LOCATED ON THE
SOUTH SIDE OF FAXON AVENUE;+/-472.60 FEET EAST OF NATIONAL STREET,
CONTAINING 0.229 ACRE IN THE DUPLEX RESIDENTIAL (R-D) DISTRICT.
Case No. UV 09-06
Held until January 26, 2010
33. RESOLUTION HONORING THE LIFE OF JOHN SHELTON WILDER.
Held until January 26, 2010
January 12, 2010
1355
1. RESOLUTION COMMENDING ANAYA SUGGS WHOSE HEROIC ACTIONS SAVED
THE LIVES OF HER FAMILY MEMBERS. (HELD FROM 12/15/09).
Held until January 26, 2010
MINUTES
Approval of the Minutes of the regular meeting of December 15, 2009 with the following motion:
MOTION: Ford
SECOND: Strickland
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Brown and Morrison were absent
APPROVED
2. RESOLUTION HONORING MR. JIM ETHRIDGE ON HIS NOMINATION INTO THE
TENNESSEE AERONAUTICAL HALL OF FAME.
MOTION: Conrad
SECOND: Flinn
APPROVED, unanimous voice vote
3. RESOLUTION APPROVING A PLANNED DEVELOPMENT LOCATED ON THE
EAST SIDE OF RIVERDALE ROAD; +/-395.66 FEET NORTH OF HOLMES ROAD,
CONTAINING 0.74 ACRE (32,234 SQ. FT.) AND IS CURRENTLY GOVERNED BY
VILLAGES OF BENNINGTON PLANNED DEVELOPMENT, 2ND AMENDMENT (P.D.
02-332CC).
Case No. PD 09-323cc
Applicant: Arnett CarWash, LLC
Prime Development Group, Inc. – Representative
Request: Plan amendment to allow outdoor vending for an ice house facility
LUCB and OPD recommendation: APPROVAL, with conditions
MOTION: Ford
SECOND: Ware
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Brown and Morrison were absent
APPROVED
January 12, 2010
1356
31. RESOLUTION COMMENDING FOUR TENNESSEE TITANS MR. FOOTBALL
AWARD WINNERS FROM MEMPHIS, INCLUDING ANTHONY HAYES OF WHITE
STATION HIGH SCHOOL, JOHNATHAN BROWN OF CHRISTIAN BROTHERS
HIGH SCHOOL, STEVEN STAFFORD OF EVANGELICAL CHRISTIAN SCHOOL IN
CORDOVA AND BARRY BRUNETTI OF MEMPHIS UNIVERSITY SCHOOL.
MOTION: Collins
SECOND: Ford
APPROVED, unanimous voice vote
5. RESOLUTION APPROVING A SPECIAL USE PERMIT LOCATED ON THE
SOUTHEAST CORNER OF MALLORY AVENUE AND LAUDERDALE STREET,
CONTAINING 0.34 ACRE IN THE LOCAL COMMERCIAL (C-L) DISTRICT.
Case No. SUP 09-209
Applicant: Kalid Ibrahim and Salah Abdilahi
Brenda Solomito, Solomito Land Planning – Representative
Request: Motor Vehicle Service
LUCB and OPD recommendation: APPROVAL, with conditions
MOTION: Ford
SECOND: Hedgepeth
AYES: Conrad, Ford, Fullilove, Halbert, Lowery Ware and Chairman Collins
Boyd, Flinn, Hedgepeth and Strickland did not cast a vote
Brown and Morrison were absent
APPROVED
6. RESOLUTION APPROVING A USE VARIANCE LOCATED ON THE SOUTH SIDE
OF BROAD STREET, 195 FEET EAST OF LIPFORD STREET, CONTAINING 0.63
ACRE IN THE SINGLE FAMILY RESIDENTIAL INFILL (R-S6I) DISTRICT.
Case No. UV 09-07
Applicant: Christ Community Health Services, Inc.
Fisher & Arnold, Inc. – Representative
Request: A use variance to permit parking within the R-S6I Zoning District located behind
the existing building at 2953 Broad Avenue to serve a proposed medical clinic
LUCB and OPD recommendation: APPROVAL, with conditions
January 12, 2010
1357
MOTION: Ford
SECOND: Boyd
AYES: Boyd, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland, Ware
and Chairman Collins
Conrad recused
Brown and Morrison were absent
APPROVED
7. 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 T H I R D AND F I N A L READING.
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
MOTION: Ford
SECOND: Strickland
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Lowery, Strickland, Ware and
Chairman Collins
Hedgepeth did not cast a vote
Brown and Morrison were absent
APPROVED, as amended
8. 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 T H I R D AND F I N A L READING.
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.
January 12, 2010
1358
LUCB and OPD recommendation: APPROVAL
MOTION: Ford
SECOND: Ware
AYES: Boyd, Flinn, Ford, Fullilove, Halbert, Lowery, Strickland, Ware and Chairman Collins
Conrad recused
Hedgepeth did not cast a vote
Brown and Morrison were absent
APPROVED
CONSENT AGENDA – Items 9 - 12 may be acted upon by one motion: SEE PAGE 1359 ROLL
CALL
9. 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 S E C O N D
READING.
Ordinance No. 5343
APPROVED, on Second reading
10. 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 S E C O N D READING.
APPROVED, on Second reading
11. RESOLUTION ACCEPTING THOMAS COUNTRY P.D., PHASE 1, AREA B AND
AUTHORIZING RELEASE OF BOND.
Case No. PD 06-348
(Contract No. CR-5098)
Resolution accepts completion of the improvements and the dedication of public streets and
easements as shown on the final plat located on Houston Levee at Pisgah Road. The standard
improvement contract was approved on September 6, 2005. Resolution also authorizes the
release of the performance bond in the amount of $866,300.00.
City Engineer recommends approval
APPROVED
January 12, 2010
1359
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 09-05
B. Case No. S 09-012 – Fairway Subdivision
C. Case No. S 09-013 – Gaskell Industrial Subdivision, Resubdivision of Lot 3
Public Hearing Set for January 26, 2010
ROLL CALL CONSENT ITEMS
MOTION: Ford
SECOND: Hedgepeth
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Lowery, Ware and
Chairman Collins
Hedgepeth and Strickland did not cast a vote
Brown and Morrison were absent
APPROVED
MLGW FISCAL CONSENT – Items 13-20 & 22-26 may be acted upon by one motion:
13. RESOLUTION AWARDING CONTRACT NO. 11314, ARMORED CAR SERVICES, TO
LOOMIS ARMORED US, INC. IN THE FUNDED AMOUNT OF $432,686.80.
APPROVED
14. RESOLUTION AWARDING CONTRACT NO. 11381, JANITORIAL SERVICES, TO
KIMCO CORPORATION, INC. IN THE FUNDED AMOUNT OF $3,650,340.00.
APPROVED
15. RESOLUTION APPROVING CHANGE NO. 4 TO CONTRACT NO. 11193,
JANITORIAL SERVICES, WITH KIMCO CORPORATION, INC. IN THE FUNDED
AMOUNT OF $212,936.00. (THIS CHANGE RENEWS THE CONTRACT FOR THE
THIRD OF FOUR RENEWAL TERMS, FEBRUARY 28, 2010 TO MARCH 1, 2011,
WITH NO INCREASE IN RATES FROM THE PREVIOUS YEAR).
APPROVED
16. RESOLUTION APPROVING CHANGE NO. 4 TO CONTRACT NO. 11097, GROUNDS
AND LANDSCAPING SERVICES, WITH ENVIRONMENTAL LANDSCAPE IN THE
FUNDED AMOUNT OF $77,844.00. (THIS CHANGE RENEWS THE CONTRACT FOR
THE FOURTH AND FINAL RENEWAL TERM, APRIL 5, 2010 TO APRIL 4, 2011,
WITH NO INCREASE IN RATES FROM THE PREVIOUS YEAR).
January 12, 2010
1360
APPROVED
17. RESOLUTION APPROVING CHANGE NO. 3 TO CONTRACT NO. 11190, MOWING –
GROUNDS MAINTENANCE WELL LOTS, WITH BEAN & PRINCE CONTRACTORS,
INC. IN THE FUNDED AMOUNT OF $7,118.14, FOR A TOTAL CONTRACT VALUE
OF $185,271.27. (THIS CHANGE RENEWS THE CONTRACT FOR THE THIRD OF
FOUR RENEWAL TERMS, MAY 17, 2010 TO MAY 16, 2011, WITH NO INCREASE IN
RATES FROM THE PREVIOUS YEAR).
APPROVED
18. RESOLUTION APPROVING CHANGE NO. 2 TO CONTRACT NO. 11258, GROUNDS
MAINTENANCE, WITH BEAN & PRINCE CONTRACTORS, INC. IN THE FUNDED
AMOUNT OF $617,752.45. (THIS CHANGE RENEWS THE CONTRACT FOR THE
SECOND OF FOUR RENEWAL TERMS, MAY 16, 2009 TO MAY 15, 2010, WITH NO
INCREASE IN RATES FROM THE PREVIOUS YEAR).
APPROVED
19. RESOLUTION APPROVING CHANGE NO. 1 TO CONTRACT NO. 11185,
ENVIRONMENTAL CONSULTING SERVICES, WITH CENTER FOR TOXICOLOGY
AND ENVIRONMENTAL HEALTH 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 NO INCREASE IN
RATES).
APPROVED
20. RESOLUTION APPROVING CHANGE NO. 2 TO CONTRACT NO. 11070, UTILITY
METER DATA APPLICATION, WITH AUTOMATED ENERGY, INC. (AEI) IN THE
FUNDED AMOUNT OF $36,000.00. (THIS CHANGE COVERS A ONE-YEAR
EXTENSION, JANUARY 1, 2010 TO DECEMBER 31, 2010, TO PROVIDE THE WEBBASED
METER DATA ANALYSIS PRODUCT KNOWN AS “LOAD PROFILER”
(“METER INTELLIGENCE”).
APPROVED
21. RESOLUTION AWARDING 24-MONTH CONTRACTS FOR ELECTRIC METERS AS
FOLLOWS:
Landis & Gyr c/o Stuart C. Irby………………………………….$773,160.00
H D Supply Company……………………………………………. 278,375.00
Total…………………………………………………………… $1,051,535.00
Sent Back to Committee for January 26, 2010
January 12, 2010
1361
22. RESOLUTION APPROVING CHANGE NO. 2 TO CONTRACT NO. 11134,
INTEGRATOR SERVICE FOR ARLINGTON AND CAPLEVILLE LNG PLANTS,
WITH LOGICAL SYSTEMS, INC. IN THE FUNDED AMOUNT OF $15,000.00, FOR A
NEW CONTRACT VALUE OF $56,550.00. (THIS CHANGE RENEWS THE
CONTRACT FOR THE SECOND OF FOUR RENEWAL TERMS, JANUARY 21, 2010
TO JANUARY 20, 2011, WITH NO INCREASE IN RATES FROM THE PREVIOUS
YEAR).
APPROVED
23. RESOLUTION APPROVING CHANGE NO. 7 TO CONTRACT NO. 10765, PRIVATE
LABEL SERVICE AGREEMENT, WITH ACLARA SOFTWARE IN THE FUNDED
AMOUNT OF $1,803,223.00. (THIS CHANGE RENEWS THE CONTRACT FOR THE
PERIOD JANUARY 1, 2010 TO DECEMBER 31, 2014, AND ALSO ADDS MY
ACCOUNT WEB TOOLS FOR LARGER COMMERCIAL CUSTOMERS CURRENTLY
NOT SERVED BY EXISTING APPLICATIONS AS WELL AS THE CUSTOMIZATION
AND IMPLEMENTATION OF A WEB-BASED DASHBOARD TOOL THAT WILL
ENABLE LARGER COMMERCIAL CUSTOMERS TO ACCESS ADDITIONAL
RESOURCES UNDER MY ACCOUNT. THIS CONTRACT WILL AUTOMATICALLY
BE EXTENDED FOR AN ADDITIONAL 12-MONTH PERIOD UNLESS EITHER
PARTY PROVIDES 30-DAY WRITTEN NOTICE OF A DESIRE NOT TO EXTEND
THE TERM).
APPROVED
24. RESOLUTION APPROVING CHANGE NO. 4 TO CONTRACT NO. 11109, SYSTEMS
FURNITURE, WITH CORPORATE EXPRESS & STAPLES COMPANY IN THE
FUNDED AMOUNT OF $249,758.00. (THIS CHANGE RENEWS THE CONTRACT
FOR THE THIRD OF FOUR RENEWAL TERMS, JANUARY 1, 2010 TO DECEMBER
31, 2010, WITH NO INCREASE IN RATES).
APPROVED
25. RESOLUTION APPROVING CONTINUED PARTICIPATION IN AND PAYMENT OF
ANNUAL MEMBERSHIP DUES TO TENNESSEE ONE-CALL SYSTEM, INC. IN THE
AMOUNT OF $79,314.29.
APPROVED
26. RESOLUTION APPROVING PAYMENT OF REVISED MEMBERSHIP FEES
ACCRUED IN 2008 TO OPERATIONS TECHNOLOGY DEVELOPMENT IN THE
AMOUNT OF $26,529.00.
APPROVED
January 12, 2010
1362
MLGW ROLL CALL CONSENT ITEMS
MOTION: Fullilove
SECOND: Ware
AYES: Boyd, Conrad, Ford, Fullilove, Halbert, Lowery, Strickland, Ware and Chairman
Collins
Hedgepeth did not cast a vote
Brown and Morrison were absent
APPROVED, with the exception of #21
36. RESOLUTION APPROVING THE EMPLOYMENT OF MR. VON W. GOODLOE AS
VICE PRESIDENT, HUMAN RESOURCES OF MEMPHIS LIGHT, GAS AND WATER
DIVISION AT AN ANNUAL SALARY OF $144,019.20.
MOTION: Fullilove
SECOND: Boyd
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Lowery, Strickland, Ware
and Chairman Collins
Hedgepeth did not cast a vote
Brown and Morrison were absent
APPROVED
27. 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;
12/15)
Ordinance No. 5319
Chairman Collins recognized the following person who spoke from the audience:
Charles Farmer, 4611 Buffer Dr., Memphis, TN. 38128
(Councilman Lowery made a substitute motion to wait and let the courts rule on this item, before
Council takes any actions).
(Special Item #1)
MOTION: Lowery
SECOND: Hedgepeth
AYES: Boyd, Conrad, Ford, Fullilove, Halbert, Hedgepeth, Lowery and Ware
NAYS: Flinn, Strickland and Chairman Collins
Brown and Morrison were absent
January 12, 2010
1363
APPROVED
(Council Attorney Alan Wade stated that since this item was mooted at the December 16, 2009
Meeting, this Ordinance is DROPPED from the Agenda).
28. 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)
Ordinance No. 5323
Held until January 26, 2010
29. ORDINANCE TO AMEND CHAPTER 25, SECTION 15-181 SO AS TO REVISE AND
CLARIFY SECTIONS OF THE PENSION AND RETIREMENT PLAN, UP FOR
T H I R D AND F I N A L READING.
Ordinance No. 5341
MOTION: Strickland
SECOND: Fullilove
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Hedgepeth, Lowery, Strickland and
Chairman Collins
Halbert and Ware did not cast a vote
Brown and Morrison were absent
APPROVED
30. RESOLUTION AMENDING THE FY2010 CAPITAL IMPROVEMENT BUDGET BY
TRANSFERRING AN ALLOCATION OF $67,352.00 FUNDED BY SEWER REVENUE
BONDS FROM MISCELLANEOUS SUBDIVISION OUTFALL, PROJECT NUMBER
SW01001 TO SUMMER RALEIGH S/D SW EXTENSION, PROJECT NUMBER
SW01030. RESOLUTION ALSO APPROPRIATES $67,352.00 FUNDED BY SEWER
REVENUE BONDS FOR SUMMER RALEIGH S/D SW EXTENSION, PROJECT
NUMBER SW01030 FOR A construction CONTRACT WITH ROY HOLMES
CONSTRUCTION.
MOTION: Boyd
SECOND: Fullilove
AYES: Boyd, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland, Ware and
Chairman Collins
Conrad did not cast a vote
Brown and Morrison were absent
APPROVED
January 12, 2010
1364
32. RESOLUTION HONORING THE MISSION OF FRIENDS FOR LIFE AND THE
POSITIVE IMPACT IT HAS ON THOSE LIVING WITH HIV/AIDS.
Held until January 26, 2010
34. RESOLUTION AUTHORIZING THE APPLICATION TO THE FEDERAL FOREIGNTRADE
ZONES BOARD FOR FOREIGN-TRADE SUBZONE STATUS FOR DELTA
FAUCET COMPANY OF TENNESSEE (“DELTA FAUCET”) IN JACKSON,
TENNESSEE.
MOTION: Boyd
SECOND: Conrad
AYES: Boyd, Conrad, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Ware and
Chairman Collins
Flinn and Strickland did not cast a vote
Brown and Morrison were absent
APPROVED
35. RESOLUTION REALLOCATING AND APPROPRIATING $1,623,550.00 FUNDING
FROM FY2010 CIP BUDGET FOR MEMPHIS ANIMAL SHELTER, PROJECT
NUMBER PS01010, TO ESTABLISH FUNDING TO IMPLEMENT PHASE I OF THE
BEAUTIFICATION OF THE MEMPHIS INTERNATIONAL AIRPORT PERIMETER,
PROJECT NUMBER CD1082.
MOTION: Conrad
SECOND: Ford
AYES: Boyd, Conrad, Flinn, Ford, Fullilove, Halbert, Hedgepeth, Lowery, Strickland,
Ware and Chairman Collins
Brown and Morrison were absent
APPROVED
(Councilman Conrad made to motion to approve Same Night Minutes on Items #34, #35 & #36
from tonight’s meeting)
(Special Item #2 – Minutes for items #34, #35 & #36)
MOTION: Conrad
SECOND: Boyd
AYES: Boyd, Conrad, Flinn, Halbert, Lowery, Strickland, Ware and Chairman Collins
Ford, Fullilove and Hedgepeth did not cast a vote
Brown and Morrison were absent
APPROVED
January 12, 2010
1365
INTRODUCTION OF ITEMS ON MATTERS BY THE GENERAL PUBLIC:
Chairman Collins recognized the following people who spoke from the audience:
Charles W. Farmer, 4611 Buffer Dr., Memphis, TN. 38128
Walter Broady, 4256 Ledbetter Cove, Mphs, TN. 38109
ADJOURNED MEETING AT 5:25 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