CITY OF MEMPHIS - MemphisShelbyInform

CITY OF MEMPHIS 

COUNCIL AGENDA 

July 6, 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 (June 22, 2010) 

ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING 

ITEMS HELD OR DROPPED FROM THE AGENDA 

PRESENTATION AND RECOGNITION OF VISITORS 

1. RESOLUTION recognizing Memphis Catholic High’s Education That Work’s Program 

students who represented the City of Memphis in the Jefferson Awards National 

Competition. 

Collins & 

Strickland 

ACTION REQUESTED: 

Adopt the resolution 

PUBLIC HEARING 

2. RESOLUTION approving a use variance located on the northeast corner of Mississippi 

Boulevard and S. Parkway East, containing 0.50 acre in the C-N (Neighborhood 

Commercial) District. 

Ford Case No. UV 10-08 

Applicant: 

Request: 

St. Andrews AME Church 

Rev. Dr. Kenneth Robinson – Representative 

Open air Farmers Market 

LUCB and OPD recommendation: 

APPROVAL 


Take whatever action Council deems advisable

July 6, 2010 Page 2 

113 NOTICES MAILED ON JUNE 25, 2010 

DIVISION OF PLANNING & DEVELOPMENT 

3. RESOLUTION approving the Fischer Steel Area Plan as an advisory document. 

Ford Case No. PL 10-003 



ZONING ORDINANCE – THIRD AND FINAL READING 

4. ORDINANCE rezoning the westward side of Jackson Ave., opposite and 140 ft. 

southwestwardly from the intersection of Hemingway Ave., containing 0.227 acre in 

the General Office (O-G) District, up for T H I R D and F I N A L reading. 

Ford Case No. Z 10-105 

Ordinance No. 5364 

Applicant: 

Request: 

Beatrice Jimenez 

Tim McCaskill – Representative 

Planned Commercial (C-P) District 


APPROVAL 


Take whatever action Council deems advisable 

91 NOTICES MAILED ON JUNE 25, 2010



July 6, 2010 

Public Session, Tuesday, 3:30p.m. 


125 N. Main Street 

Memphis, TN 38103-2017 

___________________________________________________________________________________ 

CONSENT AGENDA 

GENERAL ORDINANCE - FIRST READING (None) 

GENERAL ORDINANCE - SECOND READING 

5. ORDINANCE establishing the Small Business Enterprise (SBE) Program with the 

goal of awarding at least 25% of City contracting and purchase order dollars to locally 

owned small businesses, up for S E C O N D reading. 

Conrad Ordinance No. 5366 


Adopt the ordinance on Second reading 

ZONING ORDINANCES - FIRST READING 

6. ORDINANCE rezoning the west side of White Station Road; 255 feet north of Poplar 

Avenue, containing 0.679 acre in the General Office (O-G) District, up for F I R S T 

reading. 



Applicant: 

Request: 

Jack Erb Company 

SR Consulting, LLC – Cindy Reaves – Representative 

Local Commercial (C-L) District 


APPROVAL 


Adopt the ordinance on First reading 

7. ORDINANCE rezoning the southeast corner of Mariana Street and Midland Avenue, 

containing 0.50 acre in the Residential Duplex (R-D) District, up for F I R S T reading. 



Applicant: 

Sarah Carver 

Al Thompson, Attorney at Law and Israel Katz, CPA – 

Representatives


Request: 


LUCB recommendation: 

OPD recommendation: 


APPROVAL 

Hold for feasibility assessment 


8. ORDINANCE rezoning the northeast corner of the intersection of Getwell Road and 

New Willow Avenue, containing 0.62 acre in the Local Commercial (C-L) and Single 

Family Residential (R-S6) Districts, up for F I R S T reading. 



Applicant: 

Request: 

J. Wise Smith 

Michael J. Fahy – Representative 

Rezone the northeast portion of the subject site from R-S6 (Single 

Family Residential) to C-L (Local Commercial) 


APPROVAL 



9. ORDINANCE rezoning the south side of Poplar Avenue between N. Tucker Street and 

N. Rembert Street, containing 1.65 aces in the Multiple Dwelling Residential (R-MM) 

and Highway Commercial (C-H) Districts, up for F I R S T reading. 



Applicant: 

Request: 

Memphis College of Art 

College and University (CU) District 


APPROVAL 



ZONING ORDINANCES - SECOND READING 

10. JOINT ORDINANCE repealing the Memphis and Shelby County Zoning Regulations 

adopted by the Shelby County Board of Commissioners on October 6, 1981 and by the 

Memphis City Council on October 7, 1981, being Joint Ordinance and Resolution No. 

3064, as amended; repealing the Memphis and Shelby County Subdivision Regulations 

adopted by the Shelby County Board of Commissioners and the Memphis City Council 

on December 19, 1983, being Joint Ordinance and Resolution No. 3352, as amended; and 

adopting the Memphis and Shelby County Unified Development Code to establish joint 

zoning and subdivision regulations, to provide for a board of adjustment and a land use 

control board, and to provide for the enforcement and penalties for violation of the 

regulations, up for S E C O N D reading. 

Ford & 

Morrison 

Case No. ZTA 09-001cc



Applicant: 

Request: 

Division of Planning and Development 

Josh Whitehead, Assistant City Attorney – Representative 

Adopt the Unified Development Code 

OPD and LUCB recommendation: 

APPROVAL 



11. ORDINANCE rezoning the east bank of Mississippi River; extending southwardly from 

Incline Bayou, containing 10.54 acres in the Agricultural (AG) District, up for 

S E C O N D reading. 



Applicant: 

Request: 

SCF Real Estate, LLC & South of Fleet Street, LLC 

Josh Lawhead (Burch, Porter & Johnson) & Harvey Marcom (The 

Reaves Firm – Representatives 

Heavy Industrial (I-H) District 


APPROVAL 



ENGINEERING 

12. RESOLUTION accepting HIGHLAND POINT SUBDIVISION and authorizing release 

of bond. 

Case No. S 04-042cc 

(Contract No. CR-4941) 

Resolution accepts completion of the improvements and the dedication of public 

streets and easements as shown on the final plat located at the terminus of 

Huntington Oak Drive, south of U.S. Highway 64. The standard improvement 

contract was approved on May 17, 2005. Resolution also authorizes the release 

of the letter of credit totaling the amount of $128,800.00. This action is subject 

to County approval. 

City Engineer recommends approval 



13. RESOLUTION approving final plat of LIMERICK SUBDIVISION. 

Case No. S 08-021 

Resolution approves the final plat located on Prescott Road, south of Central 

Avenue. Cost of the required improvements to be borne by the developer. 

City Engineer recommends approval




NOTATIONS FROM OPD 

14. NOTATIONS from Land Use Control Board that the following cases were heard and 

Recommendation made requesting a date of public hearing: 

A. Case No. PD 10-306 

Located on the west side of Germantown Parkway; 225 feet south of Meadow 

Trail Drive, containing 1.96 acres in an area currently governed by the conditions 

of the Meadow Trail P.D., Phase 1, (P.D. 95-351), Plat Book 202, Page 25 

Applicant: 

Request: 

American Properties Co., GP 

SR Consulting, LLC – Cindy Reaves – Representative 

A planned development amendment to permit three new 

commercial uses within the outline plan; restaurant with carry out 

(excluding drive thru), bakery and grocery with less than 5,000 

square feet of area 


APPROVAL, with amended conditions 

B. Case No. SAC 09-609 

Located on the east side of Thomas Street, 118 feet south of Firestone Avenue, 

containing .13 acre 

Applicant: 

Request: 

Lovelace P. Gipson 

Close Guy Place Alley and a portion of Lyman Avenue 


APPROVAL, with conditions 

C. Case No. UV 10-07 

Located on the southwest corner of Broad Avenue and Tillman Street, containing 

1.11 acres in the Neighborhood Commercial (C-N) District 

Applicant: 

Request: 

Binghampton Development Corporation 

Nathan Cook and Robert Montague – Representatives 

Farmers Market 




Set a date of public hearing 

SUGGESTED DATE: July 20, 2010



July 6, 2010 





MLGW FISCAL CONSENT 

15. RESOLUTION awarding Contract No. 11226, Collection Services, to Credit Bureau Collection 

Services, Inc. (CBCS), in the funded amount of $462,352.50. 

16. RESOLUTION awarding Contract No. 11444, Collection Services, to The Affiliated Group in 

the funded amount of $462,352.50. 

17. RESOLUTION awarding Contract No. 11402, Installation and Repair of Various Water Tanks, 

to Utility Services Company in the funded amount of $55,000.00. 

18. RESOLUTION awarding Contract No. 11432, Assessment of Gas Pipeline Integrity 

Management Plan, to Miller Consulting Services in the funded amount of $147,704.23. 

19. RESOLUTION approving Change No. 2 to Contract No. 11280, Aerial Patrol of Gas 

Transmission Right-of-Way, to Tennessee Helicopter Services, Inc. in the funded amount of 

$20,075.00, for a new contract value of $81,395.00. (This renews the contract for the second of 

four renewal terms, August 29, 2010 through August 28, 2011). 

20. RESOLUTION approving 36-month contract for fiber optic ground wire to AFL 

Telecommunications c/o GHMR in the amount of $287,900.00.



July 6, 2010 

Public Session, Tuesday, 3:30 p.m. 



Memphis, TN 38103-2017 

_________________________________________________________________________ 

REGULAR AGENDA 

GENERAL ORDINANCE -THIRD AND FINAL READING 

21. ORDINANCE regulating the Encroachment of Cable and Video Services in the City’s 

Rights-of-Way, up for T H I R D and F I N A L reading. 

Hedgepeth Ordinance No. 5365 


ENGINEERING DIVISION 


(None) 

EXECUTIVE DIVISION 

22. RESOLTUION amending the FY 2010 Operating Budget to accept grant funds in the 

amount of $4,000.00 from Kroger, Inc., for the Office of Youth Services and 

Community Affairs’ Annual Christmas Basket Giveaway. 

Morrison 


FINANCE & ADMINISTRATION 


(None) 

DIVISION OF FIRE SERVICES (None) 

DIVISION OF GENERAL SERVICES 

(None) 

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 

23. RESOLUTION establishing a Downtown Task Force. 

Lowery 



DIVISION OF PUBLIC SERVICES 

(None) 

DIVISION OF PUBLIC WORKS 

24. RESOLUTION amending the FY 2010 Capital Improvement Budget by transferring an 

allocation of $85,000.00 funded by G.O. Bonds – General (Storm Water) from Drainage 

– ST, Project Number ST03006 to Drain and HES Storage, Project Number ST04045, to 

design a storage building to protect equipment from exposure to the elements. 

Hedgepeth 



25. RESOLUTION transferring an allocation of $317,004.00 funded by Sewer Revenue 

Bonds from Misc. Subdivision Outfalls, Project Number SW01001 to Highland 

Church/Christ SW Ext., Project Number SW01029 for a construction contract with B&C 

Construction. Resolution also appropriates $317,004.00 funded by Sewer Revenue 

Bonds to Highland Church/Christ SW Ext., Project Number SW01029. 

Hedgepeth 



26. RESOLUTION amending the Fiscal Year 2010 Capital Improvement Budget by 

transferring an allocation of $48,151.00 funded by G.O. Bonds General from ADA Curb 

Ramp, Project Number PW04007 Construction ($45,808.00) and Architecture and 

Engineering ($2,343.00), to ADA Curb Ramp Group 36, Project Number PW04068 in 

Construction to complete work on an existing contract. Resolution also appropriates 

$48,151.00 funded by G.O. Bonds General in ADA Curb Ramp Group 36, Project 

Number PW04068. 

Hedgepeth 



GENERAL ITEM 

(None) 

APPEARANCE CARDS FOR PUBLIC SPEAKING 

ADJOURNMENT

July 6, 2010 Page 10 

ADD-ONS 

27. RESOLUTION ratifying six-month extension of contract through December 30, 2010, with 

Konica Minolta Business Solutions U.S.A., Inc. d/b/a Danka in the amount of $123,840.00. 

MLGW 

Consent 

28. RESOLUTION revising the Tuition Reimbursement Program amending the funding level given 

to employees for fiscal year 2011 from $5,000.00 per employee up to $1,400.00 per employee 

currently enrolled in the program. 

Strickland 



ACTION TAKEN BY THE COUNCIL ON THIS DATE 

1. Through 13 – Approved 

14. Public Hearing Set for July 20, 2010 


21. Held until August 10, 2010 


28. Failed 

ACTION TAKEN ON THE MINUTES OF JUNE 22, 2010 MEETING 

Approved, as amended 

ACTION TAKEN ON THE MINUTES OF ITEMS #2 & #27 FROM TONIGHT’S MEETING 

Approved



June 22, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (June 8, 2010) 



PRESENTATIONS AND RECOGNITION OF VISITORS 

1. PROCLAMATION declaring June 22, 2010 as “Arts Day”, in the City of Memphis. 

Collins & 

Mayor Wharton 


Adopt the proclamation 

2. RESOLUTION honoring Evangelist Geneva Dorsey, an unsung heroine, for her 

many outstanding works in the North Memphis community. 

Fullilove 



PUBLIC HEARINGS 

3. RESOLUTION approving an appeal located on the north side of Winchester Road, 295 

feet east of County Gate Road. 

Ford Case No. PD 01-306 

Applicant: 

Appellant: 

John K. Hardin 

Doyle Silliman, Windyke Area Neighborhood Association

June 22, 2010 Page 2 

Request: Overturn the decision of the Land Use Control Board on 5/13/10 

Which approved a site plan for the construction of a Checker’s 

Restaurant to replace the current Brewster’s Ice Cream Restaurant 






4. RESOLUTION directing the Office of Planning and Development to present the Fischer 

Steel Plan to the Memphis City Council. 

Ford 



5. RESOLUTION approving a special use permit located on the south side of Hwy. 64; +/- 

2,016 feet west of Reed-Hooker Road, containing 40.14 acres in the Agricultural (AG) 

District. 

Ford Case No. SUP 10-214 

Applicant: 

Request: 

Youth Villages 

Tim McCaskill (McCaskill and Associates) – Representative 

Transitional Home for Youth Villages 





No Opposition at LUCB; No Public Hearing Required 


(None)



June 22, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 


GENERAL ORDINANCE - FIRST READING 

6. ORDINANCE establishing the Small Business Enterprise (SBE) Program with the 

goal of awarding at least 25% of City contracting and purchase order dollars to locally 

owned small businesses, up for F I R S T reading. 





7. ORDINANCE regulating the Encroachment of Cable and Video Services in the City’s 

Rights-of-Way, up for S E C O N D reading. 





8. JOINT ORDINANCE repealing the Memphis and Shelby County Zoning Regulations 

adopted by the Shelby County Board of Commissioners on October 6, 1981 and by the 

Memphis City Council on October 7, 1981, being Joint Ordinance and Resolution No. 

3064, as amended; repealing the Memphis and Shelby County Subdivision Regulations 

adopted by the Shelby County Board of Commissioners and the Memphis City Council 

on December 19, 1983, being Joint Ordinance and Resolution No. 3352, as amended; and 

adopting the Memphis and Shelby County Unified Development Code to establish joint 

zoning and subdivision regulations, to provide for a board of adjustment and a land use 

control board, and to provide for the enforcement and penalties for violation of the 

regulations, up for F I R S T reading. 

Ford & 

Morrison 

Case No. ZTA 09-001cc 


Applicant: 

Request: 

Division of Planning and Development 

Josh Whitehead, Assistant City Attorney – Representative 

Adopt the Unified Development Code

June 22, 2010 Page 4 

OPD and LUCB recommendation: 

APPROVAL 


Adopt the ordinance on First reading. 

9. ORDINANCE rezoning the east bank of Mississippi River; extending southwardly from 

Incline Bayou, containing 10.54 acres in the Agricultural (AG) District, up for 

F I R S T reading. 



Applicant: 

Request: 

SCF Real Estate, LLC & South of Fleet Street, LLC 

Josh Lawhead(Burch, Porter & Johnson) & Harvey Marcom (The 

Reaves Firm – Representatives 

Heavy Industrial (I-H) District 


APPROVAL 



ZONING ORDINANCE - SECOND READING 



the General Office (O-G) District, up for S E C O N D reading. 



Applicant: 

Request: 





APPROVAL 



ENGINEERING 

11. RESOLUTION approving final plat of BERCLAIR TERRACE SUBDIVISION, 

RESUBDIVISION LOT OF 22. 

Case No. PD 10-005 

Resolution approves the final plat located at the southwest corner of Lynn 

Ave. and Avon Rd. 



Adopt the resolution

June 22, 2010 Page 5 

12. RESOLUTION approving final plat of ROBERT GALLOWAY’S EVERGREEN 

SUBDIVISION, RESUB OF PART OF BLOCK J. 

Case No. S 08-014 

Resolution approves the final plat located on the southside of Overton Park 

Ave., west of Hawthorne Ave. Cost of the required improvement to be borne 

by the Developer. 




13. RESOLUTION approving final plat of THOMAS COUNTRY PLANNED 

DEVELOPMENT, AMENDED, PH. 2 


Contract No. CR-5161 

Resolution approves the final plat located on the northwest corner of Houston 

Levee Road and Pisgah 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. 






June 22, 2010 






14. RESOLUTION awarding Contract No. 11388, Foundation Installation Substation 79-86 Section 

“C”, to Chris-Hill Construction Company in the funded amount of $1,115,388.00. 

15. RESOLUTION approving Change No. 7 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, July 1, 2010 to September 30, 2010, with no increase in rates, contingent upon CDA’s 

acceptance of the terms and conditions under the current contract). 

16. RESOLUTION awarding contract for vacuum excavation system to Ditch Witch Mid-South, in 

the amount of $37,681.44. 

17. RESOLUTION awarding contract for self-propelled trenching machine to Ditch Witch Mid- 

South in the amount of $57,828.00. 

18. RESOLUTION awarding contract for corporate network upgrade to Venture Technologies in 


19. RESOLUTION awarding contract for disk storage hardware and software to Logicalis, Inc. in 


20. RESOLUTION approving Contract No. 3075 between MLGW and TVA to help support 

industrial recruitment, development and expansion of business and industry in the 

Memphis/Shelby County area, whereby MLGW will make payment to the Greater Memphis 

Chamber in the amount of $80,000.00, provided that no part of this funding shall be used for 

lobbying public officials or to oppose or promote ballot initiatives. TVA will reimburse MLGW 

in the amount of $40,000.00. 

21. RESOLUTION approving contract for and payment of MLGW’s ongoing commitment to the 

Greater Memphis Chamber in the amount of $175,000.00, to facilitate Economic Development 

in Memphis and Shelby County and to continue the tasks originally outlined in the Memphis 

2005 Economic Development Strategic Plan, and its successor, the Memphis ED Plan, provided 

that no part of this funding shall be used for lobbying public officials or to oppose or promote 

ballot initiatives. 

22. RESOLUTION approving the employment of Fields & Brown, LLC for legal services on an asneeded 

basis at agreed-upon hourly rates.

June 22, 2010 Page 7 

23. RESOLUTION awarding Contract No. 11404, Professional Engineering Services – Electric 

Substations, to Allen & Hoshall, in the funded amount of $600,000.00. 

24. RESOLUTION awarding Contract No. 11439, Professional Engineering Services – Electric 

Substations, to Fisher & Arnold, in the funded amount of $150,000.00. 

25. RESOLUTION giving the Vice President and General Counsel of MLGW contract authority in 

the amount of $67,500.00 for a claims settlement.



June 22, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 

26. APPOINTMENTS 

Strickland 


Memphis, Light, Gas and Water Commission 

Reappointment 

Rick Masson 

Memphis and Shelby County Downtown Parking Authority 

Reappointment 

Cathy Simmons (Joint Appointment) 

BUDGET ITEM 

27. RESOLUTION establishing the MEMPHIS LIGHT GAS AND WATER DIVISION in 

lieu-of-tax payment to the City of Memphis for Fiscal Year 2011. (Held from 6/8) 

Fullilove 

ACTION REQUESTED: Adopt the resolution 

GENERAL ORDINANCES -THIRD AND FINAL READING 

28. ORDINANCE to create the City of Memphis Alcohol Impact Area, up for T H I R D and 

F I N A L reading. (Held from 4/13; 4/27;5/11) 

Lowery Ordinance No. 5349 



29. 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 T H I R D and F I N A L reading. (Held from 5/11) 

Ware Ordinance No. 5351 



June 22, 2010 Page 9 

30. ORDINANCE Prohibiting Unfair Discrimination in City Hiring Policies Against 

Persons Previously Convicted, up for T H I R D and F I N A L reading. 

Strickland Ordinance No. 5363 




(None) 


31. RESOLUTION accepting earmark funds in the amount of $190,000.00 from the U.S. 

Department of Labor for the Memphis Youth Services Program. The Memphis Youth 

Services Program will provide work readiness training and employment opportunities for 

youths between the ages of 14 and 21. Resolution also amends FY 2010 Operating 

Budget to establish and appropriate grant funds. 

Ware 




32. RESOLUTION accepting revenue from the University of South Florida to reimburse 

Travel expenses incurred in Fiscal Year 2010 in the amount of $3047.30. 

Morrison 





(None) 


(None) 


(None) 

LAW DIVISION 

(None) 


PARK SERVICES 

33. RESOLUTION requesting an appropriation of $100,000.00 in Contract Construction for 

CIP Project Number PK08023, Botanic Garden Major Maintenance, chargeable to the 

FY2010 Capital Improvement Budget. 

Boyd 



June 22, 2010 Page 10 


34. RESOLUTION accepting grant funds in the amount of $1,215,600.00 from the State of 

Tennessee for the In-Service Training Program for training for 2,026 commissioned 

officers. Resolution also amends FY2010 Operating Budget to establish and appropriate 

grant funds. 

Lowery 




35. RESOLUTION requesting the Administration to remove funding from proposed 

FY 2011 O&M Budget to cover costs associated with vehicle inspections. (Held from 

4/13; 5/11). 

Ware 



36. RESOLUTION appropriating $9,000,000.00 for Anti-Blight. 

Ware 





allocation of $98,260.00 from Contract Construction to Architecture/Engineering funded 

by State Grants provided by the Tennessee Board of Regents in U of M Crosswalk, 

project number PW04029 to design the revised scope. 

Hedgepeth 



38. RESOLUTION appropriating $1,078,487.00 funded by G.O. Bonds – General for S. 

Third/W. Holmes Inters project number PW01092 for a contract with Ferrell Paving for 

street repair. 

Hedgepeth 

Director of Public Works and City Engineer Recommends Approval 



GENERAL ITEM 

(None) 


ADJOURNMENT

June 22, 2010 Page 11 

ADD-ONS 

39. RESOLUTION honoring the Life of Harold Buehler. 

Lowery 



40. APPOINTMENT 

Strickland 

Memphis and Shelby County Airport Authority 

Appointment 

Jack Sammons 

41. RESOLUTION allocating and appropriating an amount not to exceed $700,000.00 in Capital 

Improvement funds to cover acquisition costs for the site formally known as the Marina Cove 

Apartments. 

Ware 



42. RESOLUTION authorizing the Administration to disburse insurance funds to the Memphis 

College of Art. 

Lowery 



NOTATION FROM OPD 

43. NOTATION from Land Use Control Board that the following case was heard and 

recommendation made requesting a date of public hearing: 

Consent 

A. Case No. UV 10-08 – SOUTH MEMPHIS FARMERS MARKET 

Located on the northeast corner of Mississippi Boulevard and S. Parkway 

East, containing 0.50 acre in the C-N (Neighborhood Commercial) District 

Applicant: 

Request: 

St. Andrews AME Church 

Rev. Dr. Kenneth Robinson – Representative 

Open air Farmers Market

June 22, 2010 Page 12 


APPROVAL 



SUGGESTED DATE: July 6, 2010 

44. RESOLUTION giving the Vice President and General Counsel of MLGW contract authority in 

the amount of $59,669.00 for a claims settlement. 

MLGW 

Fiscal Consent 



ACTION TAKEN BY COUNCIL ON THIS DATE 

1. and 2 – Approved 

3. Approved, as amended 


27. Held to September 14, 2010 

28. Dropped 

29. Through 34 - Approved 

35. Held to July 20, 2010 

36. Dropped 


43. Public Hearing set for July 6, 2010 

44. Approved 

ACTION TAKEN ON THE MINUTES OF JUNE 8, 2010 


ACTION TAKEN ON THE MINUTES OF JUNE 22, 2010 FOR ITEMS 15, 22, 25, 40, 41, 

42 AND 44 ONLY: 

Approved



June 8, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (May 25, 2010) 




1. RESOLUTION thanking Jeff Sanford for his service to the Center City Commission. 

Boyd 




(None) 


2. RESOLUTION authorizing the application to the federal Foreign-Trade Zones Board 

for expansion and reorganization of the Memphis Foreign-Trade Zone Number 77 under 

the Alternative Site Framework to include the City of Memphis, Shelby County and 

seven (7) counties in West Tennessee. The City of Memphis is the designated Grantee 

of Foreign-Trade Zone Number 77. Resolution further authorizes the Mayor of the City 

of Memphis to execute all documents necessary for the submission of the Alternative 

Site Framework application. 

Conrad 



3. RESOLUTION approving a Hotel Waiver for American Inn, located at 5225 Summer 

Avenue. 

Ford Case No. HMW 10-04

June 8, 2010 Page 2 



4. RESOLUTION approving a special use permit located on the south side of Poplar 

Avenue; +/-433 feet west of Colonial Road, containing 2.357 sq. ft. of 0.29 acre (12,632 

sq. ft.) in the Highway Commercial (C-H) District. 


Applicants: 

Request: 

Tower Ventures V, LLC 

Special use permit to allow a cellular communications tower onehundred 

forty-five (145) feet in height of concealed canister 

monopole design with capacity to accommodate a maximum of 

four (4) antennae 







(None)



June 8, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 





Persons Previously Convicted, up for S E C ON D reading. 




ZONING ORDINANCE - FIRST READING 



the General Office (O-G) District, up for F I R S T reading. 



Applicant: 

Request: 





APPROVAL 



ZONING ORDINANCE - SECOND READING (None) 

ENGINEERING 

7. RESOLUTION approving contract time extension for HILL & FONTAINE BROOK 

AVENUE SUBDIVISION, RESUBDIVISION OF PART OF LOT 41. 

Case No. S 06-038 

(Contract No. CR-5064)


Resolution approves the extension of time from June 17, 2004 to June 9, 2011, 

for the project located at the northeast corner of Elvis Presley Blvd and Brooks 

Road. 






June 8, 2010 






8. RESOLUTION awarding Contract No. 11398, Blanket Soil Stabilization, to Economic Erosion 

Control in a funded amount not to exceed $300,000.00. 

9. RESOLUTION approving Change No. 8 to Contract No. 10765, Private Label Service 

Agreement, with Aclara Software in the funded amount of $31,500.00. (This change covers the 

addition of a residential Carbon Footprint Calculator module to MLGW’s My Account web 

tools, which includes the insertion of promotions and one custom recommendation for interface 

with the existing My Account modules to import customer data. This change also includes all 

fees to host this tool through December 2012). 

10. RESOLUTION approving Change No. 23 to Contract No. 10780, Electric Construction and 

Maintenance, with Allied Electrical Contractors, LLC in the funded amount of $6,984.53, for a 

new contract value of $22,538,595.75. (This covers payment of work performed as a result of 

the storm of January 30, 2010). 

11. RESOLUTION approving Change No. 4 to Contract No. 11105, Aerator Maintenance, with R. 

P. Services in the funded amount of $150,724.92. (This renews the contract for the fourth and 

final renewal term, August 1, 2010 to July 31, 2011, with no increase in rates from the previous 

year). 

12. RESOLUTION awarding contract for one crew cab and chassis with a truck-mounted hydraulic 

crane to H & E Equipment Service in the amount of $178,368.55 

13. RESOLUTION awarding contract for heavy equipment (aerial tower booms, digger derricks and 

mini-digger derricks), as follows: 

Diamond International Trucks……………………………………………... $836,207.00 

Altec Industries, Inc.……………………………………………………….. 338,385.00 

Total……………………………………………………………………… $1,174,592.00 

14. RESOLUTION awarding contract for one submersible pump to Action Chemical in the amount 

of $31,974.70. 

15. RESOLUTION awarding 24-month contract for wedge tap connectors to H D Supply in the 

amount of $527,045.57. 

16. RESOLUTION awarding 12-month contract for gas service regulators to Elster American Meter 

Company in the amount of $70,329.00.


17. RESOLUTION awarding contract for gas distribution system repair sleeves to M. T. Deason 

Company in the amount of $74,976.00. 

18. RESOLUTION awarding 36-month contract for uniform rental services to Paramount Uniform 


19. RESOLUTION awarding 48-month contract for flame-retardant clothing to Tyndale 

Company in the amount of $1,577,393.40. 

20. RESOLUTION awarding contract for voice system upgrade to Black Box Network Services in 


21. RESOLUTION approving payment of annual subscription to Energy Worldnet, Inc. in the 

funded amount of $35,270.00.



June 8, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 



Strickland 

Memphis Alcohol Commission 

Appointment 

Sherman Greer 

Memphis Public Library and Information Center Board of Trustees 

Reappointments 

Dorothy L. Boggan 

David Williams 

Memphis and Shelby County Music Commission 

Appointments 

James Judge Booker 

Bevanne Bowers 

Melody L. Fly 

Nichole R. Robinson 


Charley Burch 

Tonya D. Butler 

Michael Glenn 

Kris Kourdouvelis 

Antonio Parkinson 

Pat Kerr Tigrett


BUDGET ITEMS 

23. RESOLUTION establishing the MEMPHIS LIGHT GAS AND WATER DIVISION in 

lieu-of-tax payment to the City of Memphis for Fiscal Year 2011. 

Fullilove 


24. RESOLUTION approving the Capital Acquisition Budget and the Capital Improvement 

Program for Fiscal Years 2011-2015. 

Flinn 



25. RESOLUTION directing the City Treasurer to prepare Tax Bills for the various Utilities 

and Carriers utilizing the Last Certified Assessment available as of June 30, 2010. 

Morrison 



26. RESOLUTION approving the FY 2011 Budget for the Center City Commission. 

Morrison 



27. ORDINANCE establishing the Fiscal Year 2011 Operating Budget for the City of 

Memphis, up for T H I R D and F I N A L reading. 

Morrison Ordinance No. 5360 

ORDINANCE to appropriate the proceeds of the tax levy on the assessed values 

on all properties of every species within the city limits for general purposes for 

the Fiscal Year July 1, 2010, through June 30, 2011. 



28. ORDINANCE fixing the Tax Rate of the City of Memphis for Fiscal Year 2011, up for 

T H I R D and F I N A L reading. 





29. ORDINANCE amending Chapter 15, Section 15-12, City of Memphis Code of 

Ordinances, to increase Solid Waste Fees for Collection and Disposal, add a cart leasing 

option and revise the description of the residential and commercial business categories, 

up for T H I R D and F I N A L reading. 






Ordinances, to revise language regarding City issued carts and use of personal containers, 





31. ORDINANCE amending Chapter 33, City of Memphis Code of Ordinances, to increase 

Sewer Fees, up for T H I R D and F I N A L reading. 




32. ORDINANCE to amend Chapter 2, Article IV, of the Code of Ordinances, so as to 

establish the City of Memphis Minority Business Development and Oversight 

Commission, up for T H I R D and F I N A L reading. 




33. ORDINANCE to amend Chapter 25, Code of Ordinances, City of Memphis, so as to 

increase the City Contribution allowable under Section 25-71 and Section 25-171, up for 





34. ORDINANCE to increase Pension Benefits allowable under Section 25-95 and Section 

25-195, up for T H I R D and F I N A L reading. 




35. ORDINANCE to amend previous Ordinance 4388, codified as City code, Title 6, 

Article 6, Section 2-331(a), to extend the Sunset Clause set forth therein until December 

31, 2010, up for T H I R D and F I N A L reading. 





(None) 


(None) 


DIVISION OF FIRE SERVICES 

36. RESOLUTION accepting and appropriating $1,021,800.00 in State In-Service Training 

Grant funds from the State of Tennessee for the Division of Fire Services for a total 

appropriation of $1,021,800.00. 

Lowery

June 8, 2010 Page 10 



37. RESOLUTION accepting and appropriating $1,072,700.00 in Federal Grant funds from 

the Department of Homeland Security-FEMA for the Division of Fire Services for a 

total appropriation of $1,072,700.00. 

Lowery 




(None) 


(None) 


(None) 

LAW DIVISION 

(None) 


PARK SERVICES 


38. RESOLUTION appropriating funding for Organized Crime Unit drug funds for Fiscal 

Year 2011 in the amount of $4,664,794.00. 

Lowery 




39. RESOLUTION accepting and appropriating $4,080.00 in Revenue from the Tennessee 

Department of Safety for use of Parking Spaces at the Benjamin Hooks Central Library 

by employees of the State of Tennessee Driver’s License Renewal Office. 

Ware 




40. RESOLUTION adjusting Additional Treatment Charge for City of Memphis sewer 

fees. (Held from 5/11) 

Hedgepeth 




allocation and appropriating $391,898.00 funded by G.O. Bonds (Storm Water) from 

Major Drainage Rehab/Replace, project number ST03006, to Lick Creek Jefferson Ave, 

project number ST03120, for drainage repair and for a construction contract with 

A & H Contractors. 

Hedgepeth

June 8, 2010 Page 11 



42. RESOLUTION amending the FY10 Capital Improvement Budget by transferring an 

allocation and appropriating $1,895,078.00 funded by Federal Grant Funds from 

American Recovery and Reinvestment Act from ARRA Repaving, project number 

PW01198 to ARRA Repaving Group-2, project number PW01204 and for a 

construction contract with Lehman Roberts. 

Hedgepeth 




allocation and appropriating $1,998,777.00 funded by Federal Grant funds from 

American Recovery and Reinvestment Act from ARRA Repaving, project number 

PW01198 to ARRA Repaving Group-5, project number PW01207 and for a 

construction contract with APAC – TENN. 

Hedgepeth 



GENERAL ITEM 

(None) 


ADJOURNMENT

June 8, 2010 Page 12 

ADD-ONS 

44. RESOLUTION appropriating $3,000.00 for the purpose of purchasing and installing cameras, to 

allow live streaming and archiving of Council Committee Meetings via the 

Memphis City Council website. 

Conrad 



45. RESOLUTION approving a special use permit located on the west side of N. Thomas Street; 

+/-98 feet north of T.M. Henderson Avenue, containing 0.85 acre (37,026 sq. ft.), in the Mixed- 

Use (MU) District. 


Applicants: 

Request: 

House of Knowledge Childcare, Inc. 

Carmichael Johnson – Representative 

Special use permit to allow a day care center 






46. JOINT CITY/COUNTY RESOLUTION to amend the FY 2010 Housing & Community 

Development Operating Budget by appropriating $10,000.00 to cover the cost of the 

promotional video for Memphis and Shelby County. 

Collins 



47. RESOLUTION congratulating Le Bonheur Children’s Hospital on the opening of their new 

patient facility. 

Collins 



48. RESOLUTION approving a Line of Duty Death Benefit to the spouse and legal dependents of 

Firefighter David O’Connor. 

Strickland 



June 8, 2010 Page 13 

ADD-ONS 

49. ORDINANCE regulating the Encroachment of Cable and Video Services in the City’s Rightsof-Way, 

up for F I R S T reading. 

Consent Ordinance No. 5365 






Consent 

A. Case No. PD 01-306 – County Gate P.D., Phase 10, Parcel 1 

Located on the north side of Winchester Road, 295 feet east of County Gate Road. 

Applicant: 

Appellant: 

John K. Hardin 

Doyle Silliman, Windyke Area Neighborhood Association 


Which approved a site plan for the construction of a Checker’s 

Restaurant to replace the current Brewster’s Ice Cream Restaurant 





SUGGESTED DATE: June 22, 2010 

51. AMENDATORY BOND RESOLUTION to amend certain provisions of the Capital Projects 

Bond Resolution adopted by the Council on May 11, 2010 and the Bond Refunding Resolution 

adopted on May 25, 2010. 

Morrison 



52. RESOLUTION accepting and appropriating $46,000.00 from the State of Tennessee to purchase 

library books and materials for the Memphis Public Library. 

Collins 



June 8, 2010 Page 14 

ADD-ONS 

MOTION: 

SECOND: 

Ware – Suspend the rules for the purpose of adding an item 

Ford 

APPROVED, rules suspended, item added below 

RESOLUTION appropriating $9,000,000.00 funded by G.O. Bonds with the Division of Community 

Enhancement Anti-Blight Strategy, Project Number CE01068 for expenses related to slum and blight. 

MOTION: 

SECOND: 

AYES: 

Ware 

Ford 

Boyd, Brown, Ford, Fullilove, Halbert, Lowery, Morrison, Strickland, Ware and 

Chairman Collins 

Conrad, Flinn and Hedgepeth did not cast a vote 

APPROVED, set up as Special Item #1 


1. and 2 - Approved 

3. and 4 – Approved, as amended 

5. Through – 22 – Approved 

23. Held to June 22, 2010 




28. Approved 


30. Through – 41 – Approved 



50. Public Hearing set for June 22, 2010 


ACTION TAKEN ON THE MINUTES OF MAY 25, 2010 

Approved 

ACTION TAKEN ON THE MINUTES OF JUNE 8, 2010 FOR ITEMS 48, 51, SPECIAL 

ITEM #1 AND ITEM 52 ONLY: 

Approved



May 25, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (May 11, 2010) 




1. RESOLUTION honoring Memphis Stone and Gravel’s 100 year anniversary. 

Conrad 



2. RESOLUTION honoring Larry Cox for 25 years of service to the Memphis Shelby 

County Airport Authority. 

Flinn 



3. RESOLUTION approving an honorary street name change for Dr. Cleo Clifton Kirk. 

Brown 




(None) 


4. RESOLUTION approving a hotel waiver for American Inn located at 3265 Elvis Presley 

Boulevard, Memphis, TN 38116. (Held from 5/11) 

Ford Case No. HMW 10-03

May 25, 2010 Page 2 



5. RESOLUTION approving a special use permit located on the south side of E. Chelsea 

Avenue; +/-350 feet west of Walter Street, containing 6.0 acres in the Single Family 

Residential (R-S6) District. 


Applicant: 

Request: 


Special use permit to allow a cellular communication tower onehundred 

twenty (120) feet in height with flush-mount antennae 

with capacity to accommodate a maximum of four (4) antennae 






6. RESOLUTION approving a special use permit located on the south side of Quince Road; 

+/-350.57 feet east of Kirby Road, containing 7.40 acres in the Townhouse Residential 

(R-TH) District. 


Applicant: 

Request: 


Special use Permit to allow a cellular communication tower onehundred 

sixty (160) feet in height, including a maximum of five 

(5) flush-mount antennae 







(None)



May 25, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 




Persons Previously Convicted, up for F I R S T reading. 




GENERAL ORDINANCES - SECOND READING 


Ordinances, to increase Solid Waste Fees for Collection and Disposal, add a cart leasing 

option and revise the description of the residential and commercial business categories, 

up for S E C O N D reading. 











Sewer Fees, up for S E C O N D reading. 






Commission, up for S E C O N D reading. 



Adopt the ordinance on Second reading

May 25, 2010 Page 4 








25-195, up for S E C O N D reading. 





Memphis, up for S E C O N D reading. 

Morrison 

Ordinance No.5360 

Ordinance to appropriate the proceeds of the tax levy on the assessed values on 

all properties of every species within the city limits for general purposes for the 

Fiscal Year July 1, 2010, through June 30, 2011. 








16. ORDINANCE to amend previous Ordinance 4388, codified as City code, Title 6, 

Article 6, Section 2-331(a), to extend the Sunset Clause set forth therein until December 

31, 2010, up for S E C O N D reading. 





(None) 


ENGINEERING 

17. RESOLUTION approving final plat of KATE BOND MIDDLE SCHOOL. 


Resolution approves the final plat located on the west side of Kate Bond Road at 

Deerfield Trace. Cost of the required improvements to be borne by the Agency 

and the Contractor. Resolution also authorizes the proper officials to execute the 


City Engineer recommends approval

May 25, 2010 Page 5 



18. RESOLUTION accepting GRACE ST. LUKES SCHOOL P.D. and authorizing release 

of bond. 




streets and easements as shown on the final plat located on east side of LeMaster 

Street, between Linden and Peabody Avenue. The standard improvement 

contract was approved on May 5, 2009. Resolution also authorizes the release of 

the performance bond in the amount of $69,500.00. 




19. RESOLUTION canceling the standard improvement contract for KANSAS STREET 

IMPROVEMENTS and authorizing release of bond. 


Resolution cancels the improvements and the dedication of public streets and 

easements as shown on the final plat located between Georgia Avenue and 

Carolina Avenue. The standard improvement contract was approved on May 15, 

2007. Resolution also authorizes the release of the Letter of Credit (No. 925) in 





GENERAL ITEM 

(None)



May 25, 2010 






20. RESOLUTION awarding Contract No. 11331, Credit Information Services, to Experian 

Information Solutions in the funded amount of $250,000.00. 

21. RESOLUTION awarding Contract No. 11385, Gas Leak Survey, to Surveys & Analysis, Inc. in 

the funded amount of $468,457.75. 

22. RESOLUTION awarding Contract No. 11399, Right-of-Way Mowing, to Southern Spray 

Company in the funded amount of $196,800.00. 

23. RESOLUTION approving Change No. 3 to Contract No. 11213, Meter Data Management 

System, with Itron, Inc. in the funded amount of $200,000.00. (This change covers maintenance 

and support over a five-year term, October 1, 2009 to September 30, 2014, with a 6% savings). 

24. RESOLUTION awarding contract for one cab and chassis to Dobbs Ford, Inc. in the amount of 

$28,672.00. 

25. RESOLUTION awarding contract for three underground manhole support trailers to Team 

Fenex, Division of Leggett and Platt, in the amount of $147,575.85. 

26. RESOLUTION awarding 48-month contract for the rental of two digital black and white 

copier/printer systems to IKON Office Solutions, Inc. in the amount of $729,347.04. 

27. RESOLUTION approving payment of 2010 annual membership dues to American Public Power 

Association in the amount of $99,098.67. 

28. RESOLUTION approving Change No. 1 to Contract No. 11248, Property and Boiler Insurance, 

with FM Global in the funded amount of $1,080,894.00. (This change renews the contract for 

the first of four renewal terms, June 1, 2010 to May 31, 2011, with no increase in rates).



May 25, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 



29. 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; 

1/26; 2/23; 3/23) 

Boyd Ordinance No. 5331 



30. ORDINANCE to amend Chapter 15, to regulate Disposal of items by Property Owners 

that do not pay Solid Waste Disposal Fees, up for T H I R D and F I N A L reading. 





(None) 


(None) 


31. RESOLUTION allowing up to 18% of project budgets to be allocated for the Urban Art 

Commission’s project management duties under the Percent-for-Art Program. 

Flinn 




32. RESOLUTION appropriating $728,906.00 in General Obligation Bonds from the Fiscal 

Year 2010 CIP Budget to purchase one (1) Aerial Truck for the Division of Fire Services 

for a total appropriation of $728,906.00. 

Lowery 



May 25, 2010 Page 8 

33. RESOLUTION appropriating $1,484,208.00 in General Obligation Bonds from the 

Fiscal Year 2010 CIP Budget to purchase three (3) Pumpers for the Division of Fire 

Services for a total appropriation of $1,484,208.00. 

Lowery 




(None) 


(None) 


(None) 

LAW DIVISION 

(None) 


PARK SERVICES 

34. RESOLUTION appropriating $500,000.00 ($400,000.00 in State Grant Funds) for the 

construction of Parkways Maintenance/Renovation, CIP Project Number PK12001, 

chargeable to the FY2010 Capital Improvement Budget. 

Boyd 



35. RESOLUTION appropriating $264,000.00 in Contract Construction for CIP Project 

Number PK08001, Lichterman Nature Center, chargeable to the FY2010 Capital 

Improvement Budget. 

Boyd 




Number PK06004, Golf Course Parking Lot Paving, chargeable to the FY2010 Capital 


Boyd 




Number PK05001, Ballfield Renovations, chargeable to the FY2010 Capital 


Boyd 



38. RESOLUTION requesting approval for continuation of plans and specifications for the 

taking of bids at an estimated construction cost of $330,000.00 for emergency storm 

repair at Douglass Pool House located at 1616 Ash. 

Boyd

May 25, 2010 Page 9 



39. RESOLUTION appropriating $10,538,315.00 in Contract Construction for CIP Project 

Number GA01002, Beale Street Landing, for the purpose of awarding a construction 

contract to Webb Building Corporation. 

Flinn 




(None) 


40. RESOLUTION appropriating $62,665.00 for Furniture, Fixtures and Equipment for the 

Motor Vehicle Inspection Bureau, CIP Project Number PS01009 as part of the FY10 

Capital Improvement Program funded by Local Other CIP and G.O. Bonds. 

Ware 



41. RESOLUTION approving a lease agreement with Elliott AmQuip, LLC, as approved by 

the Board of Commissioners of the Memphis and Shelby County Port Commission on 

December 16, 2009. 

Ware 






allocation of $1,697,726.00 funded by Federal Grant funds from American Recovery and 

Reinvestment Act from ARRA Repaving, Project Number PW01198 to ARRA Repaving 

Group – 1, Project Number PW01203. Resolution also appropriates $1,697,726.00 

funded by Federal Grant funds in ARRA Repaving Group -1, Project Number PW01203 

for a construction contract with Lehman Roberts. 

Hedgepeth 




allocation of $2,488,078.00 funded by Federal Grant funds from American Recovery and 

Reinvestment Act from ARRA Repaving, Project Number PW01198 to ARRA Repaving 

Group – 4, Project Number PW01206. Resolution also appropriates $2,488,078.00 

funded by Federal Grant funds in ARRA Repaving Group – 4, Project Number 

PW01206 for a construction contract with Lehman Roberts. 

Hedgepeth 



May 25, 2010 Page 10 


allocation of $143,262.00 to SCADA SYSTEMS, Project Number SW02082 funded by 

Sewer Funds from Rehab Existing Sewers, Project Number SW02001. Resolution also 

appropriates $143,262.00 funded by Sewer Funds for SCADA SYSTEMS, Project 

Number SW02082 for a contract with Mission Communications, LLC to purchase a realtime 

monitoring and control system. 

Hedgepeth 



45. RESOLUTION accepting funds from Valero Tennessee Refinery for Local Other 

Revenue in the amount of $500,000.00 to fund a Supplemental Environmental Project 

(SEP) for the City of Memphis Division of Public Works as part of a Global Legal 

Settlement between Valero and the EPA. Resolution also amends the FY2010 Capital 

Improvement Budget by replacing the allocation and appropriation in the amount of 

$500,000.00 from Sewer Revenue Bonds with Local Other Revenue for South Plant 

Expansion, Project No. SW02033. Resolution also allows the original allocation of 

$500,000.00 in Sewer Revenue Bonds to remain in the project. 

Hedgepeth 



GENERAL ITEM 

46. RESOLUTION accepting the design plan of the Fairgrounds Project. 

Hedgepeth 




ADJOURNMENT

May 25, 2010 Page 11 

ADD-ONS 

47. RESOLUTION authorizing the issuance, sale and delivery of not to exceed One Hundred Sixty- 

Eight Million Dollars ($168,000,000.00) principal amount of City of Memphis, Tennessee 

General Improvement Bonds for the purpose of refunding certain outstanding General 

Improvement Bonds, Series 2010B of the City. 

Morrison 



48. RESOLUTION amending the FY2010 CIP Budget by allocating and appropriating 

$3,893,790.00 for CIP Project Number CD01085 – Fairgrounds Public Green Space 

Project, Phase I. 

Hedgepeth 


Adopt the resolution\ 



29. Held until July 20, 2010 


42. & 43 – Approved, as amended 



ACTION TAKEN ON THE MINUTES OF MAY 11, 2010 MEETING 

Approved 

ACTION TAKEN ON THE MINUTES OF ITEMS #20, #28, #47 & #48 FROM TONIGHT’S 

MEETING 

Approved



May 11, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (April 27, 2010) 




1. RESOLUTION recognizing Frances Manley on her retirement from the Friends of 

the Library Board after more than 40 years of service. 

Strickland 



2. RESOLUTION approving an honorary street name change for Mrs. Bettye Louise 

Cumby Scott. 

Fullilove 



3. RESOLUTION recognizing Central High Volleyball Team as District 16-AAA and 

MIAA City Champions. 

Ford 




(None)

May 11, 2010 Page 2 


4. RESOLUTION approving a hotel waiver for American Inn located at 3265 Elvis Presley 

Boulevard, Memphis, TN 38116. 

Ford Case No. HMW 10-03 



5. RESOLUTION approving a special use permit located on the south side of Summer 

Avenue; + 57 feet east of Carpenter Street, containing 0.17 acre in the Local Commercial 

(C-L) District. 


Applicant: 

Request: 

Steve Makris 

Ledford Eng. & Planning – Candace Cannon – Representative 

Motor Vehicle Service Use 





No Public Hearing Required; No Opposition at LUCB 


6. ORDINANCE amending the Joint Memphis and Shelby County Zoning Ordinance – 

Regulations Adopted by the Shelby County Board of Commissioners on October 6, 1980, 

and the City Council of the City of Memphis on October 7, 1980, being Resolution and 

Zoning Ordinance No. 3064, as amended, up for T H I R D and F I N A L reading. 

Ford Ordinance No. 5340 


Request: 

(1) Amend Section 2 to define the term “Family Recreation 

Center(s)” 

(2) Amend Section 2 to define the term “Parking” 

(3) Amend Chart 1, Footnote 18, requiring Adult Entertainment 

uses to be located a minimum distance of 1,500 feet from certain 

identified uses, to add “Family Recreation Center(s)” “Day 

Care Centers” as two of the identified uses listed. 


APPROVAL 



NO NOTICES WERE REQUIRED



May 11, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 


GENERAL ORDINANCES - FIRST READING 



up for F I R S T reading. 





Sewer Fees, up for F I R S T reading. 






Commission, up for F I R S T reading. 











25-195, up for F I R S T reading. 



Adopt the ordinance on First reading

May 11, 2010 Page 4 


Memphis, up for F I R S T reading. 

Morrison 

Ordinance No.5360 

Ordinance to appropriate the proceeds of the tax levy on the assessed values on 

all properties of every species within the city limits for general purposes for the 

Fiscal Year July 1, 2010, through June 30, 2011. 










that do not pay Solid Waste Disposal Fees, up for S E C O N D reading. 





(None) 


ENGINEERING 

15. RESOLUTION approving final plat of STARKS SUBDIVISION. 

Case No. S 07-020 

Resolution approves the final plat beginning at the northwest terminus of Prince 

Phillip Cove. 




16. RESOLUTION approving final plat of UPCHURCH S/D. 


Resolution approves the final plat located on the Westside of Springer Drive, 

317.61 feet north of Walnut Trace Drive. Cost of the required improvements to 

be borne by the developer. 




May 11, 2010 Page 5 

17. RESOLUTION approving final plat of MEMPHIS HOMEBUILDERS P.D., PHASE 1, 

ROAD IMPROVEMENTS. 


Resolution approves the final plat located on the southeast corner of N. 

Germantown Parkway and Walnut Run 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. 




18. RESOLUTION approving final plat of KROC CENTER P.D. 



Resolution approves the final plat located on the east side of East Parkway South, 

391 feet south of Central Avenue. Cost of the required improvements to be borne 

by the developer. Resolution also authorizes the proper officials to execute the 





19. RESOLUTION approving standard traffic signal modification contract for 

WINCHESTER/HACKS CROSS ROAD P.D. – SIGNAL at Winchester Road and Polo 

Club. 

Contract No CR-5158 

Resolution approves the standard traffic signal modification contract located at 

the intersection of Winchester Road and Polo Club (a private drive). Cost of the 

required improvements to be borne by the developer. Resolution also authorizes 

the proper officials to execute the attached standard traffic signal contract. 




GENERAL ITEM 

20. RESOLUTION congratulating Jim Duncan on his Garden Club of America 

Award. 

Strickland 





May 11, 2010 






21. RESOLUTION awarding Contract No. 11371, UPS/PDU Electric Operations Maintenance, to 

Electronic Power Systems, Inc. in the funded amount of $52,650.00. (Held from 4/27) 

22. RESOLUTION approving Change No. 4 to Contract No. 10929, Licensing Agreement between 

MLGW and E-Source, Inc. in the funded amount of $24,320.00, for a new contract value of 

$1,589,967.47. (This change provides access to all materials, reports, research, best practices 

and inquiries from Intelligent Grid Service covering the period May 1, 2010 to April 30, 2011, 

and accommodates MLGW’s Smart Grid Demonstration project development and 

implementation needs to effectively and efficiently develop and implement the project). (Held 

from 4/27) 

23. RESOLUTION giving MLGW’s Vice President and General Counsel contract authority in the 

amount of $115,000.00 for a legal settlement. 


amount of $160,000.00 for a legal settlement.



May 11, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 




F I N A L reading. (Held from 4/13; 4/27) 






older, up for T H I R D and F I N A L reading. 




27. 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 T H I R D and F I N A L reading. 





(None) 


(None) 


28. RESOLUTION amending the Fiscal Year 2010 Budget to move appropriations between 

categories, service centers and approve additional funding from reserves as a result of 

unanticipated circumstances. 

Morrison 



May 11, 2010 Page 8 

29. RESOLUTION authorizing the issuance, sale and delivery of not to exceed $80 million 

dollars ($80,000,000.00) principal amount of the City of Memphis, Tennessee, General 

Improvement Bonds, Series 2010B, for the purpose of financing various public works 

projects of the City. 

Morrison 





(None) 


(None) 


(None) 

LAW DIVISION 

(None) 


PARK SERVICES 

30. RESOLUTION appropriating $100,000.00 for construction in CIP Project Number 

PK06009, Golf Course Green Rehab, chargeable to the FY2010 Capital Improvement 

Budget. 

Boyd 



31. RESOLUTION appropriating $440,000.00 for construction of a Skate Park, CIP Project 

Number PK07098, chargeable to the FY2010 Capital Improvement Budget. 

Boyd 



32. RESOLUTION appropriating $2,500,000.00 in Contract Construction, funded by G.O. 

Bonds General for Zoo Hippo Exhibit, CIP Project Number PK09004. 

Boyd 

Council did include Zoo Hippo Exhibit, CIP Project Number PK09004 as part of 

the FY2010 Capital Improvement Program. The City of Memphis has entered 

into an agreement with the Memphis Zoological Society which provides for 

procedures for the use and payment of the current and future Capital 

Appropriation. 



33. RESOLUTION amending Contract Number 22649 between the City of Memphis and the 

Friends of Levitt Pavilion to allow sale of beer or wine by the cup or allow participants 

to bring beer or wine. 

Boyd

May 11, 2010 Page 9 




(None) 



FY 2011 O&M Budget to cover costs associated with vehicle inspections. (Held from 

4/13). 

Ware 




35. RESOLUTION amending the Fiscal Year 2010 Capital Improvement Budget by 

transferring a construction allocation funded by G.O. Bonds from Metal Museum N. 

Bluff Repair, Project Number PW04073 to an architecture/engineering allocation in 

Elvis Presley/Shelby/Winchester, Project Number PW01064. 

Hedgepeth 



GENERAL ITEM 

(None) 


ADJOURNMENT

May 11, 2010 Page 10 

ADD-ONS 

36. Proclamation declaring May 2010 as Memphis Fire Fighter Appreciation Month. 

Mayor 

Wharton 


Strickland 

Director of Community Enhancement 

Reappointment 

Ernest Dobbins 

Director of Human Resources 

Appointment 

Quintin Robinson 

Director of Park Services 

Reappointment 

Cynthia Buchanan 

Director of Public Services and Neighborhoods 

Reappointment 

Janet Hooks 

38. RESOLUTION recognizing Douglass High School Girls’ Basketball Team as District 16-A City 

and League Champions. 

Ware 




amount of $28,958.39 for a claims settlement. 

Consent 



May 11, 2010 Page 11 


amount of $36,000.00 for a legal settlement. 

Consent 



41. ORDINANCE amending Chapter 15, Section 15-12, City of Memphis Code of Ordinances, to 

increase Solid Waste Fees for Collection and Disposal, add a cart leasing option and revise the 

description of the residential and commercial business categories, up for F I R S T reading. 




42. RESOLUTION adjusting Additional Treatment Charge for City of Memphis Sewer Fees. 

Hedgepeth 



43. ORDINANCE to amend previous Ordinance 4388, codified as City code, Title 6, Article 6, 

Section 2-331(a), to extend the Sunset Clause set forth therein until December 31, 2010, up for F 

I R S T reading. 






4. Held until May 25, 2010 


25. Held until June 8, 2010 






43. Approved 

ACTION TAKEN ON THE MINUTES OF APRIL 27, 2010 MEETING 

Approved

May 11, 2010 Page 12 

ACTION TAKEN ON THE MINUTES OF ITEMS# 6, #23, #24, #30, #33, #37, #39 & #40, 

FROM TONIGHT’S MEETING 

Approved



April 27, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (April 13, 2010) 




1. Budget Presentation by Mayor Wharton. 


2. RESOLUTION approving a planned development 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: 

Request: 


Prime Development Group, Inc. – Representative 

Plan amendment to allow a cellular communications tower 

one-hundred sixty (160) feet in height with flush-mount 

antennae as an accessory structure 





73 NOTICES MAILED ON APRIL 16, 2010

April 27, 2010 Page 2 


(None) 


3. 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. (Held from 1/26; 2/23; 3/23) 


Case No. Z 09-107 

Applicant: 

Request: 

Wolf River Site Development, LLC 

Highway Commercial (C-H) District 


REJECTION 



108 NOTICES MAILED ON JANUARY 15, 2010



April 27, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 




that do not pay Solid Waste Disposal Fees, up for F I R S T reading. 



Adopt the Ordinance on First reading 




older, up for S E C O N D reading. 



Adopt the Ordinance on Second reading 



for S E C O N D reading. 



Adopt the Ordinance on Second reading 


(None) 


7. ORDINANCE amending the Joint Memphis and Shelby County Zoning Ordinance – 

Regulations Adopted by the Shelby County Board of Commissioners on October 6, 1980, 

and the City Council of the City of Memphis on October 7, 1980, being Resolution and Zoning 

Ordinance No. 3064, as amended. 


Case No. ZTA 09-002cc


Request: 

(1) Amend Section 2 to define the term “Family Recreation 

Center(s)” 

(2) Amend Section 2 to define the term “Parking” 

(3) Amend Chart 1, Footnote 18, requiring Adult Entertainment 

uses to be located a minimum distance of 1,500 feet from certain 

identified uses, to add “Family Recreation Center(s)” “Day 

Care Centers” as two of the identified uses listed. 


APPROVAL 


Adopt the Ordinance on Second Reading 

ENGINEERING 

8. RESOLUTION accepting THE OAKS at APPLING PD, and authorizing release of 

bond. 

Case No. PD 02-336cc 



streets and easements as shown on the final plat located on the west side of 

Appling Rd., 1132.37’ south of Goodlett Farms Pkwy. The standard 

improvement contract was approved on May 20, 2003. Resolution also authorizes 

the release of the letter of credit in the amount of $100,000.00. This action is 

subject to county approval. 




NOTATION FROM OPD (None) 

NOTATION from Land Use Control Board that the following case was heard and 




SUGGESTED DATE: 

9. RESOLUTION congratulating Bria Sanders on being named Golf Digest’s Scholar of 

the Year. 

Boyd 


10. RESOLUTION congratulating Shannon and Kip Barnett on the birth of their daughter, 

Hadley Claire Barnett. 

Boyd 





April 27, 2010 







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). (Held 

from 4/13) 

12. RESOLUTION awarding Contract No. 11371, UPS/PDU Electric Operations Maintenance, to 

Electronic Power Systems, Inc. in the funded amount of $52,650.00. 

13. RESOLUTION approving Change No. 9 to Contract No. 10783, Emergency Aid Agreement, 

with Dillard Smith Construction in the funded amount of $62,109.39. (This change covers 

payment for work performed due to the storm of January 30, 2010). 


MLGW and E-Source, Inc. in the funded amount of $24,320.00, for a new contract value of 

$1,589,967.47. (This change provides access to all materials, reports, research, best practices 

and inquiries from Intelligent Grid Service covering the period May 1, 2010 to April 30, 2011, 

and accommodates MLGW’s Smart Grid Demonstration project development and 

implementation needs to effectively and efficiently develop and implement the project). 

15. RESOLUTION awarding contract for three front-mounted truck winches to Scruggs Equipment 

Company, Inc. in the amount of $50,572.02. 

16. RESOLUTION awarding contract for utility bodies, as follows: 

Aerial Truck Equipment Company, Inc……………………………... $56,634.00 

Scruggs Equipment Company, Inc…………………………………… 27,165.00 

Total…………………………………………………………………. $83,799.00 

17. RESOLUTION awarding contract for cabs and chassis to Diamond International Trucks in the 

amount of $1,250,044.00. 

18. RESOLUTION awarding contract for two multi-power units to Scruggs Equipment Company, 

in the amount of $103,718.00.


19. RESOLUTION awarding contract for trucks, vans and sedans, as follows: 

Dobbs Ford, Inc………………………………………………….. $2,092,100.00 

Cardinal Chrysler Jeep Dodge, Inc………………………………. 39,938.30 

Total……………………………………………………………… $2,132,038.30 

20. RESOLUTION approving a Smart Grid Investment Grant Assistance Agreement between 

MLGW, acting for itself and on behalf of the City of Memphis, and the United States 

Department of Energy (DOE), providing the arrangements pursuant to cost sharing for the 

implementation of a communications and control system for MLGW’s network electric 

distribution system whereby MLGW is eligible for reimbursement for up to $5,063,469.00 in 

federal funds over three years to complete the project. The total estimated cost of the project is 

$13,112,363.00.



April 27, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 




F I N A L reading. (Held from 4/13) 





22. RESOLUTION amending the FY2010 Capital Improvement Budget by creating 

Railroad Crossing Improvements at Belz Boulevard and CN Railroad, project number 

EN01033. Resolution to accept a grant from the State of Tennessee Department of 

Transportation in the amount of $18,760.00 for engineering design. Resolution amending 

the FY2010 Capital Improvement Budget by establishing an allocation of $18,760.00 

and appropriating $18,760.00 for engineering design funded by the 

State of Tennessee Department of Transportation for Railroad Crossing Improvements at 

Belz Boulevard and CN Railroad, project number EN01033. 

Hedgepeth 





(None) 


(None) 



23. RESOLUTION seeking the approval and grant of a Permanent Conservation Easement 

on 38.845 acres named Bethany Tract Wetland Mitigation. The 38.845 acres is a portion 

of a 620 acre tract purchased in 1996 by the City of Memphis and County of Shelby for 

the use and benefit of the Chickasaw Basin Authority. The 38.845 acre tract is to be used 

for required wetland mitigation in ten projects in Shelby County, including Riverfront 

Development Corporation project Beale Street Landing (1.8 acres) and City of Memphis 

Holmes Road Improvements (3.15 acres).

Hedgepeth 





24. RESOLUTION approving the FY2011 Consolidated Plan and accepting and 

appropriating anticipated FY2011 Community Development Block Grant (CDBG) funds 

in the amount of $8,768,683.00, CDBG Program Income in the amount of 

$2,203,420.00, HOME funds in the amount of $4,921,520.00, HOME Program Income 

in the amount of $20,000.00, Emergency Shelter Grant (ESG) funds in the amount of 

$357,054.00, and Housing Opportunities for Persons with AIDS (HOPWA) funds in the 

amount of $1,701,201.00 from the U.S. Department of Housing and Urban Development 

(HUD) to the FY2011 budget for the Division of Housing and Community Development. 

Brown 




(None) 

LAW DIVISION 

(None) 


PARK SERVICES (None) 


(None) 


25. RESOLUTION amending the FY10 Operating Budget by accepting and appropriating 

grant funds in the amount of $20,000.00 from Memphis Second Chance Inc. for the 

City of Memphis Second Chance Program to procure the software, hardware, and any 

training required to implement the case management and tracking system. 

Ware 



DIVISION OF PUBLIC WORKS (None) 

GENERAL ITEM 


ADJOURNMENT



April 13, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (March 23, 2010) 




1. RESOLUTION recognizing Melrose Boys’ Varsity Basketball Team for winning the 

2010 AAA State Championship. 

Halbert 




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. 


Applicant: 

Request: 

KG Land, LLC (Walter Willis) 

Fisher and Arnold, Inc., David Baker – Representative 

Amendment to Kirby Gate P.D. to add office showroom, 

automobile service and restaurant with drive thru windows 






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. 


Applicant: 

Request: 

MDS Realty, LLC – (Jim Petitt) 

David W. Milem Consulting Engineer – Representative 

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 





132 NOTICES WERE MAILED ON MARCH 26, 2010 


4. RESOLUTION approving a hotel waiver for Sun Inn located at 1543 Elvis Presley 

Boulevard. (Held from 3/9; 3/23) 




5. RESOLUTION approving a hotel waiver for the Raddison Hotel located at 2411 

Winchester Road. 




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. 


Applicant: 

Request: 

BFI Waste Systems of North America 

Homer Branan and John Harris, Jr. – Representative 

Time extension to continue to operate sanitary landfill 


APPROVAL 



No Public Hearing Required; No Opposition at LUCB


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. 


Applicant: 

Request: 

Mt. Zion M. B. Church 

Smith Building Design (Delinor Smith) – Representative 

Use Variance to allow church parking 






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. 


Applicant: 

Request: 

William H. Lee 

Amend site plan to enlarge a restaurant use previously approved 

by a use variation 







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. 


Case No. Z 10-101 

Applicant: 

Request: 

Howard and Lawrence Lipman 

SR Consulting, LLC - Representative 



APPROVAL 



36 NOTICES MAILED ON MARCH 26, 2010



April 13, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 





older, up for F I R ST reading. 



Adopt the Ordinance on First reading 


(None) 


(None) 


ENGINEERING 

11. RESOLUTION approving final plat of LEGENDS PARK PD, PH. 3. 


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. 




12. RESOLUTION approving final plat of UPTOWN CENTER WEST SUBDIVISION. 

Case No. S 09-010 


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.








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: 

Request: 



Plan amendment to allow a cellular communications tower 

one-hundred sixty (160) feet in height with flush-mount 

antennae as an accessory structure 





SUGGESTED DATE: April 27, 2010



April 13, 2010 






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). 



$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.


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. 


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.



April 13, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 



Strickland Memphis and Shelby County Industrial Development Board 

Reappointment 

Mark Yates 


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) 




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. 





F I N A L reading. 





(None) 


(None) 


(None)




36. RESOLUTION accepting an offer to purchase City owned property located adjacent to 

960 South Third Street. (Held from 3/23) 

Hedgepeth 




37. RESOLUTION accepting the Memphis Housing Authority transfer of Manassas 

School to the City of Memphis. 

Brown 



(None) 

LAW DIVISION 

(None) 




(None) 



FY 2011 O&M Budget to cover costs associated with vehicle inspections. 

Ware 





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 



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 




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 



42. RESOLUTION approving the Healthcare Plan recommendation. 

Strickland 





for F I R S T 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 



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. 


Applicant: 

Request: 

Cooper Young Community Farmers Market 

Robin Rodriguez – Representative 

Community Farmer’s Market

April 13, 2010 Page 12 







1. Approved 


4. Approved, for a 6 month hotel waiver 




13. Public Hearing set for April 27, 2010 


19. Back to Committee on April 27, 2010 

20. Through 32- Approved 


34. Approved 

35. Held to April 27, 2010 


38. Held to May 11, 2010 


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



March 23, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (March 9, 2010) 




1. RESOLUTION honoring Stan Bell for his good works and positive impact in the 

community. (Held from 3/9) 

Ford 



2. RESOLUTION declaring April 4-10, “Think Before You Act Non-Violence Week in 

memory of Dr. Martin Luther King, Jr.” 

Lowery 



3. RESOLUTION congratulating the Humes Preparatory Middle School Boys Basketball 

Team on their win as 2010 Small Division City Champions. 

Fullilove 



March 23, 2010 Page 2 


4. RESOLUTION approving a planned development 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: 

Request: 

Depot Redevelopment Corporation 


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 




Take whatever action deems advisable 

10 NOTICES MAILED ON MARCH 12, 2010 


5. RESOLUTION approving a hotel waiver for Sun Inn located at 1543 Elvis Presley 

Boulevard. (Held from 3/9) 




6. RESOLUTION approving a use variance located on the southwest corner of Trinity 

Road and Sanga Road, containing 0.83 acre in the Neighborhood Commercial (C-N) 

District. 


Applicant: 

Request: 

TV6-W, LLC – Billy Orgel 

Cell Tower, 160 feet in height (Flush Mount Antannae) 





No Opposition at LUCB: No Public Hearing Required 

7. RESOLUTION approving a special use permit located on the southeast corner of 

Riverdale Road and Holmes Road, containing1.6 acre in the Planned Commercial (P-C) 

District. 

Ford 

Case No. SUP 10-204cc 

Applicant: 

Tower Ventures V 

Prime Dev. Group. Inc. – Michael J. Fahy- Representative


Request: 

Cell Tower, 160 ft. monopole, slick-stick design 








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. (Held from 1/26; 2/23) 


Case No. Z 09-107 

Applicant: 

Request: 




REJECTION 






March 23, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 


GENERAL ORDINANCES - FIRST READING (None) 



to Panhandling, up for S E C O N D reading. 




10. ORDINANCE to create the City of Memphis Alcohol Impact Area, up for S E C O N D 

reading. 





(None) 




Highway Commercial (C-H) Districts, up for S E C O N D reading. 


Case No. Z 10-101 

Applicant: 

Request: 





APPROVAL 




ENGINEERING 

12. RESOLUTION accepting HACKS BILL MORRIS PARKWAY, P.D., and authorizing 

release of bond. 




streets and easements as shown on the final plat located at the southeast corner of 

Hacks Cross Road and Bill Morris Parkway. The standard improvement contract 

was approved on October 16, 2007. Resolution also authorizes the release of the 

performance bond in the amount of $200,000.00. This action is subject to 

County approval. 







A. Case No. PD 10-303 – Kirby Gate South P.D., 4 th Amendment 

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 

Applicant: 

Request: 

KG Land, LLC (Walter Willis) 

Fisher and Arnold, Inc., David Baker – Representative 

Amendment to Kirby Gate P.D. to add office showroom, 

automobile service and restaurant with drive thru windows 



B. Case No. PD 10-304 – Memphis Drum Shop P.D. 

Located on the southwest corner of Blythe Street and Nelson Avenue, containing 

0.45 acre in the Single Family Residential (RS-6) District 

Applicant: 

Request: 

MDS Realty, LLC – (Jim Petitt) 

David W. Milem Consulting Engineer – Representative 

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 


APPROVAL, with conditions


GENERAL ITEM 

14. RESOLUTION recognizing the “Spirit of Memphis” celebration and activities. 

Ford 





SUGGESTED DATE: April 13, 2010



March 23, 2010 






15. RESOLUTION approving Change No. 7 to Contract No. 9955, Partial Funding of Pollution 

Control, Ground Water Quality Control Program, with Memphis & Shelby County Health 

Department in the funded amount of $140,267.60. (This change renews the contract for 2010 

and includes a decrease in meters from the previous year). 

16. RESOLUTION approving Change No. 1 to Contract No. 11279, Third Party Administrator for 

Worker’s Compensation, with Brentwood Services Administrators, Inc. in the funded amount of 

$130,000.00. (This change renews the contract for the first of six renewal terms, January 1, 

2010 to December 31, 2010, with no increase in rates). 

17. RESOLUTION awarding contract to Union Metal Corporation for galvanized steel expressway 

poles in the amount of $51,900.00. 

18. RESOLUTION awarding 12-month contract to Polypipe, Inc. for polyethylene pipe in the 

amount of $183,211.34. 

19. RESOLUTION awarding contract to Logicalis, Inc. for maintenance and support of Bindview 

software in the amount of $36,055.88.



March 23, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 




Ordinance as amended, up for T H I R D and F I N A L reading. (Held from 12/1; 12/15; 

1/26; 2/23) 




21. ORDINANCE amending Chapter 2 Code of Ordinances, City of Memphis, to amend 

certain sections of 2-291 relating to Real Property, up for T H I R D and F I N A L 

reading. 














(None) 


23. RESOLUTION accepting grant funds in the amount of One Hundred Twenty Thousand 

Dollars, ($120,000.00) from the State of Tennessee Department of Labor and Workforce 

Development Division for WIA Title One Career Readiness Grant. Resolution also 

amends the FY 2010 Operating Budget to establish and appropriate grant funds. 

Conrad 





(None) 



(None) 


(None) 


(None) 

LAW DIVISION 

(None) 





(None) 

(None) 


24. RESOLUTION appropriating $143,452.00 funded by G.O. Bonds General (Storm 

Water) for Lenox Drainage District, Project Number ST03026 for a construction contract 

with Madden Phillips Construction, Inc. 

Hedgepeth 



GENERAL ITEM 

25. RESOLUTION requesting immediate reinstatement of Memphis Police Officers to City 

Hall Security. 

Brown 




ADJOURNMENT



March 9, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (February 23, 2010) 




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 



2. RESOLUTION honoring Stan Bell for his good works and positive impact in the 

community. 

Ford 



3. RESOLUTION thanking Sandy Rutherford for her service to the Memphis City Council. 

Collins 




(None)



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. 


Applicant: 

Request: 

Progress Rail Services 

Todd Jones – Representative 

Scrap Metal Processing Yard 


APPROVAL 




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. 


Applicant: 

Request: 

Tower Ventures V, LLC & TV6-W, LLC 

Billy Orgel – Representative 

Cell tower, 120 ft. monopole, standard design 





REJECTION 



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. 


Applicant: 

Request: 

H & M Carter, Inc. 

Doveland Engineering Company 

Special use permit to allow a day care center 





No Opposition at LUCB; No Public Hearing Required


7. RESOLUTION adopting the South Memphis Revitalization Action Plan. 

Ford 




(None)



March 9, 2010 




Memphis, TN 38103-2017 

___________________________________________________________________________________ 




to Panhandling, up for F I R S T reading. 




9. ORDINANCE to create the City of Memphis Alcohol Impact Area, up for F I R S T 

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. 

















Highway Commercial (C-H) Districts, up for F I R S T reading. 


Case No. Z 10-101 

Applicant: 

Request: 





APPROVAL 




ENGINEERING 

13. RESOLUTION approving final plat of WHITTEN I-40 P.D., PHASE 20. 



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 





14. RESOLUTION approving final plat of WHITTEN I-40 P.D., PHASE 21. 


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. 




15. RESOLUTION accepting STONEBRIAR P.D., PHASE 4, AREA 6 and authorizing 







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. 







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: 

Request: 

Depot Redevelopment Corporation 


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 





SUGGESTED DATE: March 23, 2010



March 9, 2010 






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).


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).



March 9, 2010 




Memphis, TN 38103-2017 

_________________________________________________________________________ 



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. 





(None) 


(None) 


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 



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 





(None) 


(None)



(None) 

LAW DIVISION 

(None) 





(None) 

(None) 


GENERAL ITEM 

28. RESOLUTION supporting HB 2635 and encourages its passage by the State Legislature. 

Strickland 




ADJOURNMENT


ADD-ONS 

29. RESOLUTION approving a hotel waiver for Sun Inn located at 1543 Elvis Presley Boulevard. 




30. RESOLUTION supporting HB 3593 and SB 3388 creating a pilot project in Shelby County 

for a voluntary foreclosure mediation program. 

Strickland 



31. RESOLUTION supporting a payroll deduction option for City employees to donate to the MED. 

Strickland 



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 



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 



34. RESOLUTION sparing the Fairgrounds Arena Building from being demolished. 

Hedgepeth 



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




ACTION TAKEN ON THE COUNCIL ON THIS DATE 

1. Approved 

2. Held until March 23, 2010 




16. Public Hearing Set for March 23, 2010 


25. Failed 


29. Held until March 23, 2010 


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



February 23, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (February 9, 2010) 




1. RESOLUTION honoring the Stone Awards event and its positive impact in the 

community. (Held from 2/9) 

Ford 



2. RESOLUTION honoring Nora Boone, an unsung heroine, for her many outstanding 

works in the Memphis community. 

Fullilove 




(None) 


(None) 



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. (Held from 1/26) 


Case No. Z 09-107

February 23, 2010 Page 2 

Applicant: 

Request: 




REJECTION 










Memphis, TN 38103-2017 

___________________________________________________________________________________ 



4. ORDINANCE amending Chapter 2 Code of Ordinances, City of Memphis, to amend certain 

sections of 2-291 relating to Real Property, up for F I R S T reading. 









live within Shelby County, Tennessee, up for S E C O N D reading. 





(None) 


ENGINEERING 

6. RESOLUTION approving final plat of KIRBY GATE NORTHWEST PD, AREA ‘A’, 

PHASE I. 



Resolution approves the final plat located on the eastside of Quince Road, 

north of Kirby Gate Blvd. Cost of the required improvements to be borne by the 

Developer. Resolution also authorizes the proper officials to execute the attached 

standard improvement contract. 





7. RESOLUTION accepting RIDGEWAY CENTER EAST PD, PHASE 4, and 

authorizing release of bond. 



Resolution accepts completion of the improvements and the dedication of 

public streets and easements as shown on the final plat located on the 

southwest corner of Briarcrest Avenue and Shady Grove Road. The standard 

improvement contract was approved on June 6, 2006. Resolution also authorizes 

the release of the letter of credit in the amount of $128,600.00. 




8. RESOLUTION accepting RIDGEWAY CENTER EAST PD, PHASE 6, and authorizing 






Shady Grove Road, south of Briarcrest Avenue. The standard improvement 

contract was approved on June 6, 2005. Resolution also authorizes the release 

of the letter of credit in the amount of $145,900.00. 




GENERAL ITEM 

9. RESOLUTION designating March 2010 as National Disability Awareness Month. 

Collins 








SUGGESTED DATE:









10. RESOLUTION awarding Contract No. 11351, Title Flexible Spending Administrator, to Fringe 

Benefits Management Company in the funded amount of $75,000.00. 

11. RESOLUTION awarding Contract No. 11378, Risk Management Broker, to Marsh in the 

funded amount of $550,000.00. 

12. RESOLUTION awarding Contract No. 11384, Risk Management/Insurance Consultant, to 

Marsh in the funded amount of $140,500.00. 

13. RESOLUTION approving Change No. 3 to Contract No. 11261, Commercial Auto Insurance, 

with Pete Mitchell & Associates, Inc. in the funded amount of $93,017.00. (This change renews 

the contract for the second of four renewal terms, March 14, 2010 to March 13, 2011, with a 

3.64% increase due to the increase in the number of insured vehicles from 62 to 68). 

14. RESOLUTION awarding Contract No. 11394, Master Trust/Custody Services for the 

Retirement Fund, to The Northern Trust Company. 

15. RESOLUTION awarding Contract No. 11407, Master Trust/Custody Services for the Common 

Fund, to The Northern Trust Company. 

16. RESOLUTION awarding Contract No. 11408, Master Trust/Custody Services for the Other Post 

Employment Benefits (OPEB) Trust Fund, to The Northern Trust Company. 



$490,853.30. (This change covers cost of interfacing new meters with the existing system). 

18. RESOLUTION approving contract for ANSI regulators to Tri-State Meter and Regulator in the 

amount of $37,885.00. 

19. RESOLUTION renewing Purchase Order No. 135584 for the third and final 12-month renewal 

period, March 10, 2010 through March 9, 2011, with Mercury Instruments, Inc. for electronic 

volume correcting devices in the amount of $224,900.00. 

20. RESOLUTION awarding contract for network grid isolation switches to Eaton Corporation c/o 

ACF Associates in the amount of $425,550.00.


21. RESOLUTION awarding 12-month contract for sodium hexametaphosphate to Shannon 

Chemical Corp. in the amount of $563,940.00. 

22. RESOLUTION approving exercise of option to extend contract with Tech Plus, Inc. for an 

additional 12-month period for the rental of wide format copier/plotter/scanner devices in the 

amount of $111,512.00. 

23. RESOLUTION approving payment of annual pipeline safety inspection fee to Tennessee 

Regulatory Authority in the amount of $78,000.00. 

24. RESOLUTION approving payment of 2010 annual membership dues to Tennessee Valley 

Public Power Association in the amount of $50,645.26. 

25. RESOLUTION approving renewal of Cooperative Agreement No. 5447, Investigation of Water 

Resources, with the U. S. Department of the Interior Geological Survey for the period January 1, 

2010 to September 30, 2010, in the amount of $57,000.00. (MLGW to provide $57,000.00 and 

the U.S. Department of the Interior Geological Survey to provide $57,000.00).







Memphis, TN 38103-2017 

_________________________________________________________________________ 


26. 

Strickland 

APPOINTMENTS 

Memphis Area Transit Authority 

Appointment 

Sheila Redick 



Ordinance as amended, up for T H I R D and F I N A L reading. (Held from 12/1; 

12/15;1/26) 




28. ORDINANCE to amend the Code of Ethics Ordinance 5206, Chapter 2.5, Article I, 

Section 2-10-5 (1), up for T H I R D and F I N A L reading. 

Strickland & 

Collins Ordinance No. 5344 




(None) 


29. RESOLUTION accepting grant funds in the amount of Two Million, Four Hundred One 

Thousand, Two Hundred Forty Two Dollars, Eighty Cents ($2,401,242.80) from the 

State of Tennessee Department of Labor and Workforce Development Division for 

WIA Title One Adult and Administration Funds. Resolution also amends FY 2010 

Operating Budget to establish and appropriate grant funds. 

Conrad 




30. RESOLUTION accepting grant funds in the amount of One Million, Eight Hundred 

Eighty Seven Thousand, Nine Hundred Eighteen Dollars, Seventy Five Cents 

($1,887,918.75) from the State of Tennessee Department of Labor and Workforce 

Development Division of WIA Title One Dislocated Worker and Administration Funds. 

Resolution also amends FY 2010 Operating Budget to establish and appropriate grant 

funds. 

Conrad 




31. RESOLUTION appropriating funds in the amount of $700,000.00 for the Urban Art 

Commission Gateway Projects. 

Flinn 





(None) 


(None) 


(None) 

LAW DIVISION 

(None) 


PARK SERVICES 

32. RESOLUTION approving the completion of plans and specifications and taking of bids 

for Wolf River Greenway Improvements – Phase Three, CIP Project Number PK07012, 

at an estimated construction cost of $1,232,000.00 funded by G.O. Bonds – General. 

Boyd 




(None) 


33. RESOLUTION amending the FY2010 Operating Budget by approving acceptance of 

$59,775.00 from the State of Tennessee for services provided by the Memphis 

Sexual Assault Resource Center while the agency was a service department of the 

City of Memphis, and appropriating said funds in the amount of $52,000.00. 

Ware 




34. RESOLUTION approving the appropriation of $60,000.00 for Furniture, Fixtures, & 

Equipment for the Motor Vehicle Inspection Station, CIP Project Number PS01009, as 

part of the FY10 Capital Improvement Program funded by Local Other CIP and G.O. 

Bonds. 

Ware 



35. RESOLUTION approving the appropriation of $374,500.00 for Information Technology 

for the Motor Vehicle Inspection Station, CIP Project Number PS01009, as part of the 

FY10 Capital Improvement Program funded by Local Other CIP and G.O. Bonds. 

Ware 




GENERAL ITEM 

36. RESOLUTION amending FY 2010 Operating Budget by appropriating $2,000,000.00 

(two million dollars) to the MED for a one time emergency grant to ensure this 

institution continues to operate. (Held from 2/9). 

Brown 




ADJOURNMENT


ADD-ONS 

37. RESOLUTION amending the Fiscal Year 2010 Budget to move appropriations between 

categories, service centers and approved additional funding from reserves as a result of 

unanticipated circumstances. 

Morrison 



38. RESOLUTION to increase the complement of the appointed positions of Colonels in the 

Police Division from ten (10) to twelve (12). 

Strickland 







Memphis City Council, Office of the Mayor and City Court Clerk, to 

Four-Year Terms, up for F I R S T reading. 




40. RECOGNITION of “How Sweet the Sounds” Sponsors and Winners. 

Ware 



3. Held to March 23, 2010 


27. Held to March 23, 2010 


36. Held to April 13, 2010 



ACTION TAKEN ON THE MINUTES OF FEBRUARY 9, 2010 

Approved


ACTION TAKEN ON THE MINUTES OF FEBRUARY 23, 2010 FOR ITEMS 29, 30 37 

AND 38 ONLY 

Approved. Set up as Special Item #2









INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (January 26, 2010) 




1. RESOLUTION honoring the Stone Awards event and its positive impact in the 

community. 

Ford 



2. RESOLUTION honoring Will Hudson, General Manager of MATA on his induction 

into the Tennessee Transportation Hall of Fame, his role as president of the Tennessee 

Public Transportation Association and his overall commitment to the community. 

Boyd 




3. 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. (Held from 01/26) 


Applicant: 

Memphis Housing, LLC (Tony Crosby and Joe Harris) 

SR Consulting (Cindy Reaves) – Representative


Request: 

A use variance for an Assisted Living Facility 





92 NOTICES MAILED ON JANUARY 15, 2010 


Overton Crossing Road and Frayser Boulevard, containing 8.32 acres in an area 

currently governed by K-Mart Planned Development (PD 87-325). 


Applicant: 

Request: 

Memphis Business Academy (Anthony Anderson) 

Fisher and Arnold, Inc. – Representative 

Planned development to allow Planned Commercial (C-P) District 

land uses, including a charter school for 550 middle and high 

school students 







5. RESOLUTION approving a hotel waiver for Real Value Inn located at 3896 Lamar. 

(Held from 01/26) 




6. RESOLUTION approving a time extension on a hotel waiver for Econo Lodge Inn & 

Suites, located at 2745 Airways Boulevard. 





(None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 







live within Shelby County, Tennessee, up for F I R S T reading. 






Section 2-10-5 (1), up for S E C O N D reading. 

Strickland & 





(None) 


ENGINEERING 

(None) 






SUGGESTED DATE:









9. RESOLUTION approving Change No. 5 to Contract No. 11061, Wireless Telephone Services, 

with AT&T Mobility, in the funded amount of $127,687.44. (This renews the contract for the 

fourth and final renewal term, April 3, 2010 to April 2, 2011). 

10. RESOLUTION awarding 36-month contract for concrete standards to Ruffin & Associates, Inc. 

in the amount of $1,984,356.00. 

11. RESOLUTION giving the Vice President and General Counsel settlement authority to pay a 

claim in the amount of $65,755.00.







Memphis, TN 38103-2017 

_________________________________________________________________________ 



12. ORDINANCE to amend Chapter 28, Article VI, Division 3, of the Code of Ordinances, 

so as to reduce the number of allowable False Alarms, include civil damages and add 

notification process of alarm users operating without a permit, up for T H I R D and 

F I N A L reading. (Held from 10/20; 11/03) 




13. 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; 

1/26) 

Flinn Ordinance No. 5323 




(None) 


14. RESOLUTION accepting $453,197.68 from Sprint Nextel to City of Memphis, to 

reconfigure the 800 MHz frequency band where City of Memphis radios are on said 

frequency. Pursuant to the mandate, Sprint Nextel will reimburse the costs associated 

with the reconfiguration 

Conrad 



15. RESOLUTION accepting $6,933.00 per month ($83,196.00 annually) from MHA to the 

City of Memphis IS Division, for technology based services and MHA will reimburse 

the City of Memphis IS Division up to $1,200,000.00 for expenditures made on behalf of 

MHA for hardware/software purchases/installation/support/maintenance agreements and 

local/long distance/cellular phone expenses. 

Conrad 





(None) 



(None) 


(None) 


16. RESOLUTION approving the City’s Federal Legislative Package. 

Strickland 



LAW DIVISION 

(None) 





(None) 

(None) 


17. RESOLUTION approving changes to the Speed Hump Policy. 

Hedgepeth 



GENERAL ITEM 

18. RESOLUTION amending the FY 2010 Operating Budget by appropriating an additional 

$50,000.00 for the Tire Redemption Program. (Held from 1/26) 

Collins 




ADJOURNMENT


ADD-ONS 

19. RESOLUTION reclassifying positions at the Local Workforce Investment Agency (LWIA-13) 

to comply with the recommendations by the State of Tennessee Department of Labor and 

Workforce Development Division. 

Strickland 



20. RESOLUTION amending FY 2010 Operating Budget by appropriating $2,000,000.00 (two 

million dollars) to the MED for a one time emergency grant to ensure this institution continues 

to operate. 

Brown 




Strickland 

City Attorney 

Re-appointment 

Herman Morris 

City Engineer 


Wain Gaskins 

Director of Finance 


Roland McElrath 

Director of Fire Services 


Alvin Benson


Director of Housing and Community Development 


Robert Lipscomb 

Director of Planning and Development 


Richard Copeland 

Director of Police Services 


Larry Godwin 

Director of Public Works 


Dwan L. Gilliom 


1. Held to February 23, 2010 

2. Approved 






13. Dropped 


20. Held to February 23, 2010 

21. Approved 

ACTION TAKEN ON THE MINUTES OF JANUARY 26, 2010 

Approved, as amended


ACTION TAKEN ON THE MINUTES OF FEBRUARY 9, 2010 FOR ITEM #11 and 

ITEM #21 ONLY: 

Approved, as amended. Set up as Special Item #5



January 26, 2010 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (January 12, 2010) 




1. RESOLUTION honoring Wiles-Smith Drugstore. 

Conrad 



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 



3. RESOLUTION honoring the life of John Shelton Wilder. (Held from 1/12) 

Flinn 



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 



January 26, 2010 Page 2 


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 




REJECTION 

APPROVAL 



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: 


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 


Deny a variance to the improvements 




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. 


Applicant: 

Request: 


SR Consulting (Cindy Reaves) - Representative 








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 (R- 

D) District. (Held from 1/12) 


Applicant: 

Request: 

Mid-South Outlet Store/Dee Bradford, Terry Neuenschwander 

Bill Fuller – Representative 

A use variance for a new parking lot to serve 3432 Summer Ave. 


REJECTION 



65 NOTICES MAILED ON DECEMBER 31, 2009 


9. RESOLUTION approving a hotel waiver for Real Value Inn located at 3896 Lamar. 




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. 


Applicant: 

Request: 

Roy and Doris Heath, d/b/a R & D Enterprises 

Lorenzo Lester - Representative 

Cemetery 






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 



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.


Fullilove & 

Ford 





containing 0.26(11,325.60 sq. ft.) in the Local Commercial (C-L) District, up for 



Case No. Z 09-107 

Applicant: 

Request: 




REJECTION 










Memphis, TN 38103-2017 

___________________________________________________________________________________ 




Section 2-10-5 (1), up for F I R S T reading. 

Strickland & 





(None) 


(None) 


ENGINEERING 

15. RESOLUTION accepting LAMAR CROSSING P.D., PHASE 2, AREA A and 





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. 






recommendation made requesting a date of public hearing:


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: 

Request: 

Memphis Business Academy (Anthony Anderson) 

Fisher and Arnold, Inc. – Representative 

Planned development to allow Planned Commercial (C-P) District 

land uses, including a charter school for 550 middle and high 

school students 





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 











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.







Memphis, TN 38103-2017 

_________________________________________________________________________ 



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. 




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) 





Ordinance as amended, up for T H I R D and F I N A L reading. (Held from 12/1; 12/15) 





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. 





(None) 


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 




(None) 



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 




(None) 


(None) 

LAW DIVISION 

(None) 




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





(None) 



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 



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 



32. RESOLUTION amending the FY 2010 Operating Budget by appropriating an additional 

$50,000.00 for the Tire Redemption Program. 

Collins 




ADJOURNMENT


ADD-ON 

33. RESOLUTION encouraging the Tennessee General Assembly to support and designate funding 

for the Memphis Research Consortium. 

Strickland 





5. Failed 

6. Approved 

7. Held until February 9, 2010 

8. Failed 




14. & 15 – Approved 

16. Public Hearing Set for February 9, 2010 






33. Approved 

ACTION TAKEN ON THE MINUTES OF JANUARY 12, 2010 MEETING 


ACTION TAKEN ON THE MINUTES OF ITEM #18 FROM TONIGHT’S MEETING 

Approved









INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (December 15, 2009) 





family members. (Held from 12/15/09). 

Hedgepeth 



2. RESOLUTION honoring Mr. Jim Ethridge on his nomination into the Tennessee 

Aeronautical Hall of Fame. 

Conrad 




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, 2 nd Amendment 

(P.D. 02-332cc). 

Morrison 


Applicant: 

Arnett CarWash, LLC 

Prime Development Group, Inc. – Representative


Request: 

Plan amendment to allow outdoor vending for an ice house facility 






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. 

Morrison Case No. UV 09-06 

Applicant: 

Request: 





REJECTION 





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. 

Morrison Case No. SUP 09-209 

Applicant: 

Request: 

Kalid Ibrahim and Salah Abdilahi 

Brenda Solomito, Solomito Land Planning – Representative 

Motor Vehicle Service 






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. 


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 






ZONING ORDINANCES – THIRD AND FINAL READING 

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 



Case No. Z 09-105 

Applicant: 

Request: 

Capleville United Methodist Church 

SR Consulting, LLC (Cindy Reaves) – Representative 

Planned Commercial (C-P) with a site plan for a CVS Pharmacy 






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 




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. 


APPROVAL 



NO NOTICES WERE REQUIRED







Memphis, TN 38103-2017 

___________________________________________________________________________________ 




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. 





(None) 



containing 0.26(11,325.60 sq. ft.) in the Local Commercial (C-L) District, up for S E C O N D 

reading. 


Case No. Z 09-107 

Applicant: 

Request: 




REJECTION 



ENGINEERING 

11. RESOLUTION accepting THOMAS COUNTRY P.D., PHASE 1, AREA B and 






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. 







A. Case No. UV 09-05 

Located on the northwest corner of Lamar Avenue and Central Avenue, 

containing 2.1 acres in the Highway Commercial (C-H) District 

Applicant: 

Request: 


SR Consulting (Cindy Reaves) - Representative 




B. Case No. S 09-012 – Fairway Subdivision 

Located on the west terminus of Fairway Avenue, 1,300 feet west of Horn Lake 

Road 

Applicant/Appellant: Southern Housing Company 

Request: 


November 12, 2009 which rejected a subdivision plan for 156 lots 

for single family homes 



REJECTION 

APPROVAL 

C. Case No. S 09-013 – Gaskell Industrial Subdivision, Resubdivision of Lot 3 

Located on the east side of Old Getwell Road, 256 feet south of Premier Avenue 

Applicant/Appellant: Ronald Anglin


Request: 


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 


Deny a variance to the improvements 



SUGGESTED DATE: January 26, 2010









13. RESOLUTION awarding Contract No. 11314, Armored Car Services, to Loomis Armored US, 

Inc. in the funded amount of $432,686.80. 

14. RESOLUTION awarding Contract No. 11381, Janitorial Services, to Kimco Corporation, Inc. in 

the funded amount of $3,650,340.00. 

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). 

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). 

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). 

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). 

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).


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 web-based meter data 

analysis product known as “Load Profiler” (“Meter Intelligence”). 

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 

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 



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). 

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). 

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. 

26. RESOLUTION approving payment of revised membership fees accrued in 2008 to Operations 

Technology Development in the amount of $26,529.00.







Memphis, TN 38103-2017 

_________________________________________________________________________ 



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) 






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) 




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. 





(None) 


(None) 


(None) 



(None) 


(None) 


(None) 

LAW DIVISION 

(None) 

MLGW DIVISION (None)





(None) 

(None) 



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. 

Boyd 




ADJOURNMENT


ADD-ONS 

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. 

Collins 



32. RESOLUTION honoring the mission of Friends for Life and the positive impact it has on those 

living with HIV/AIDS. 

Fullilove 



33. RESOLUTION honoring the life of John Shelton Wilder. 

Flinn 



34. RESOLUTION authorizing the application to the federal Foreign-Trade Zones Board for 

Foreign-Trade subzone status for Delta Faucet Company of Tennessee (“Delta Faucet”) in 

Jackson, Tennessee. 

Conrad 



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. 

Conrad & 

Brown 



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. 

Fullilove 





1. Held until January 26, 2010 

2 & 3 – Approved 


5 & 6 – Approved 

7 & 8 – Approved, as amended 


12. Public Hearing Set for January 26, 2010 


21. Sent Back to Committee on January 26, 2010 


27. Dropped from the Agenda 



32 & 33 – Held until January 26, 2010 


ACTION TAKEN ON THE MINUTES OF DECEMBER 15 TH & DECEMBER 16 TH , 2009 

MEETINGS 

Approved 

ACTION TAKEN ON THE MINUTES OF ITEMS #34, #35 & #36 FROM TONIGHT’S 

MEETING 

Approved



December 15, 2009 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (December 1, 2009) 




1. RESOLUTION approving an honorary street name change of Mt. Olive Street for 

Bishop E. H. and Emma Ware. 

Ware 




family members. 

Hedgepeth 





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. 

Morrison Case No. PD 09-321 

Applicant: 

Memphis Builders’ Exchange 

Powers-Hill Design, LLC – Representative

December 15, 2009 Page 2 

Request: 

Planned development to combine two (2) adjacent parcels to allow 

additional parking at the east side of the building 





83 NOTICES WERE MAILED ON DECEMBER 4, 2009 

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, 2 nd Amendment (P.D. 08-337). 


Applicant: 

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 






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. 


Applicant: 

Request: 

Scott D. Marshall 

Automotive Sales and Service 







(None) 

ZONING ORDINANCES – THIRD AND FINAL READING (None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 




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. 






containing 0.26(11,325.60 sq. ft.) in the Local Commercial (C-L) District, up for F I R S T 

reading. 


Case No. Z 09-107 

Applicant: 

Request: 




REJECTION 






Case No. Z 09-105 

Applicant: 

Request: 














Request: 

Amend the Memphis and Shelby County Zoning Ordinance Regulations 

as follows: 


“Family Recreation Center” and “Park”. 




uses. 


APPROVAL 



ENGINEERING 

10. RESOLUTION accepting NATIONAL RENAL ALLIANCE DIALYSIS CENTER 

MEMPHIS SOUTH STREET AND DRAINAGE IMPROVEMENTS, and 




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. 




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. 








A. Case No. UV 09-06 

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 

Applicant: 

Request: 





REJECTION 

B. Case No. PD 09-323CC – VILLAGES OF BENNINGTON PLANNED 

DEVELOPMENT, 3 RD AMENDMENT 

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, 2 nd Amendment (P.D. 02-332cc ) 

Applicant: 

Request: 

Arnett CarWash, LLC 


Plan amendment to allow outdoor vending for an ice house facility 





SUGGESTED DATE: January 12, 2010









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. 

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). 

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). 


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). 


Services, with Thompson Engineers, Inc. in the funded amount of $37,000.00. (This change 


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). 


Services, with Branham and Lloyd, LLC, in the funded amount of $56,000.00. (This change 


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). 

19. RESOLUTION awarding 36-month contract for office supplies to OfficeMax in an amount not 

to exceed $1,468,120.41.


20. RESOLUTION approving payment of 2010 membership dues to the American Gas Association 


21. RESOLUTION approving employment of the Hunt Law Firm on an as-needed basis at agreedupon 

hourly rates. 

22. RESOLUTION approving employment of Leach, Johnson, Song and Gruchow for legal services 

on an as-needed basis at agreed-upon hourly rates.







Memphis, TN 38103-2017 

_________________________________________________________________________ 



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) 


Director of Public Works recommends approval 





7/21; 8/4; 8/18; 9/1; 9/15; 10/6; 11/3; 11/17; 12/1) 





Ordinance as amended, up for T H I R D and F I N A L reading. (Held from 12/1) 




26. ORDINANCE to establish meeting dates for City Council Meetings in 2010, up for 






(None) 


(None) 


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. 

Ford






28. RESOLUTION amending the FY10 Capital Improvement Project#GS0210E to change 

the equipment originally submitted. There is no change in the approved budget. 

Boyd 




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. 

Ford 



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. 

Ford 




(None) 

LAW DIVISION 

(None) 


PARK SERVICES 

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. 

Strickland 



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. 

Strickland





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. 

Hedgepeth 



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. 

Hedgepeth 



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. 

Hedgepeth 





$74,482.45. Resolution also amends FY 2010 Operating Budget to establish and 


Hedgepeth 




Justice Assistance FY 09 Bulletproof Vests Partnership (BVP 2009) in the amount of 


appropriate $63,694.03 in grant funds. 

Hedgepeth 







Hedgepeth 





39. RESOLUTION establishing a fund to accept donations solely for use of the operations 

and programs of the Animal Shelter. 

Brown 



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. 

Brown 



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. 

Collins 




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. 

Collins 




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. 

Collins 





(None) 


ADJOURNMENT


ADD-ONS 

44. RESOLUTION approving a hotel waiver for Hampton Inn and Suites at Beale Street, located at 

175 Peabody Place. 

Morrison 




Flinn 

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 

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. 

Ford 



47. RESOLUTION authorizing the services of Relman and Dane, PLLC in legal proceedings related 

to foreclosures in Memphis and Shelby County. 

Collins 




ADD-ONS 

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. 





1. Approved 

2. Held to January 12, 2010 


12. Public Hearing set for January 12, 2010 


24. The City Council Meeting was recessed until December 16, 2009 





ACTION TAKEN BY COUNCIL ON THE MINUTES OF DECEMBER 1, 2009 

Approved 

ACTION TAKEN BY COUNCIL ON THE MINUTES OF DECEMBER 15, 2009 FOR 

ITEMS 44-47 ONLY: 

Approved









INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (November 17, 2009) 




1. RESOLUTION congratulating the Georgian Hills Middle School Football Team. 

Ware 


2. RESOLUTION recognizing the outstanding work of “Gunner” of the Memphis Police 

Department K-9 Unit. 

Boyd 



3. RESOLUTION approving a street/alley closure beginning on the west side of Watkins 

Street, 155 feet south of Madison Avenue and extending west 361 feet, containing 12 

acres. 

Morrison Case No. SAC 09-607 

Applicant: 

Request: 

Medical Education and Research Institute 

Brenda Solomito – Representative 

Close a portion of an existing, improved alley and dedicate and 

improve a new north/south alley 






33 NOTICES MAILED ON NOVEMBER 13, 2009 


4. RESOLUTION approving a special use permit located on the south side of E. H. Crump 

Boulevard, +252 feet west of Mississippi Blvd., containing 0.40 acre in the Local 

Commercial (C-L) District. (Held from 11/17) 


Applicant: 

Request: 

Yemaj & Mohamed Abbas 

Motor Vehicle Sales 






ZONING ORDINANCES – THIRD AND FINAL READING 

5. ORDINANCE rezoning the south side of Frayser Boulevard, 150 feet west of Thomas 

Street, containing 3.49 acres in the Multiple Dwelling Residential (R-MM) District, up 

for T H I R D and F I N A L reading. 

Morrison Case No. Z 09-104 


Applicant: 

Request: 


Ralph Smith, ETI Corp. – Representative 

General Office (O-G) District 


APPROVAL 




6. ORDINANCE rezoning the northeast corner of Lamar Avenue and Tuggle Road, 

containing 18.77 acres in the Highway Commercial (C-H) District, up for T H I R D and 




Applicant: 

Request: 

Harbin Enterprises GP 

Philip Jones – Representative 

Rezoning from Highway Commercial (C-H) District to Light 

Industrial (I-L) District



APPROVAL 



18 NOTICES WERE MAILED ON NOVEMBER 13, 2009







Memphis, TN 38103-2017 

___________________________________________________________________________________ 














Case No. Z 09-105 

Applicant: 

Request: 













Request: 

Amend the Memphis and Shelby County Zoning Ordinance Regulations 

as follows: 


“Family Recreation Center” and “Park”.





uses. 


APPROVAL 




(None) 

ENGINEERING 

10. RESOLUTION accepting SAVE-A-LOT SUBDIVISION, and authorizing release of 

bond. 

Case No. S 06-029 



streets and easements as shown on the final plat located on the northeast side of 

Delta Road near Third Street. The standard improvement contract was approved 

on September 6, 2005. Resolution also authorizes the release of the cashier’s 

check in the amount of $124,500.00. 




11. RESOLUTION approving final plat of GENA L. ROBERTS S/D. 


Resolution approves the final plat located on the northside of Fite Rd., 

2,636’ west of Rust Rd. Cost of the required improvements to be borne 

by the Developer. This action is subject to County approval. 





12. NOTATIONS from Land Use Control Board that the following case was heard and 


A. Case No. PD 09-321 – MEMPHIS BUILDERS’ EXCHANGE 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 

Applicant: 

Memphis Builders’ Exchange









13. RESOLUTION approving Change No. 5 to Contract No. 9547, IBM Maintenance, with 

International Business Machines (IBM), in the funded amount of $68,629.00. (This change 

includes software and 

maintenance for the first year with the maintenance period being 

December 1, 2009 to November 30, 2010). 


Agreement, with Aclara Software in the funded amount of $20,550.00, for a new contract 

value of 

$1,184,588.25. (This change is due to the change of the electronic bill 

presentment and payment vendor). 

15. RESOLUTION awarding Contract No. 11309, Installation of Ground Wells at Collierville Gate 

No. 86, to M & W Drilling, LLC, in the funded amount of $27,500.00. 

16. RESOLUTION awarding Contract No. 11354, Drilled Pier Installation Substation 23, to Chris 

Hill Construction Company in the funded amount of $51,300.00. 

17. RESOLUTION awarding Contract No. 11367, Solid Waste and Trash Removal Services, to 

Waste Connections of Tennessee, Inc. in the funded amount of $636,036.52. 

18. RESOLUTION awarding Contract No. 11373, North Service Center Ethanol Storage Tank and 

Dispenser System, to Cobb Environmental and Technical Services, Inc. in the funded amount of 

$69,000.00. 

19. RESOLUTION approving Change No. 6 to Contract No. 10977, Tires and Tire Service, with 

Southern Tire Mart, LLC, in the funded amount of $511,290.16. (This change extends the 

current contract for 12 months, January 1, 2010 to December 31, 2010, to allow time to revise 

specifications and to re-bid the contract). 

20. RESOLUTION approving Change No. 4 to Contract No. 11080, Managed Prescription Drug 

Program, with Express Scripts, Inc. in the funded amount of $14,030,681.00. (This change 

extends the service and includes the implementation of new financial terms effective January 1, 

2010 to December 31, 2010, with estimated projected savings of $525,802.00. Further, the 

contract will automatically renew with the same terms and conditions for successive one-year 

renewal terms, subject to the right of termination as otherwise provided. Also, Express Scripts 

will provide services to MLGW for the Retiree Drug Subsidy).


21. RESOLUTION approving Change No. 4 to Contract No. 11096, Mobile Sweeping Cleaning, 

with Horizon of Memphis, Inc. in the funded amount of $71,400.00. (This change renews the 

contract for the fourth and final renewal term, March 1, 2010 to February 28, 2011, and 

represents a 2.47% decrease from the previous year.) 

22. RESOLUTION approving Change No. 2 to Contract No. 11099, AT&T Voice and Data 

Services, with AT&T Business Systems in the funded amount of $594,000.00. (This change 

renews the contract for the second and final renewal term, January 1, 2010 to December 31, 

2010, with no increase in rates). 

23. RESOLUTION approving Change No. 3 to Contract No. 11107, Electronic Bill Presentment 

and Payment Services, with Kubra Data Transfer, Ltd. in the funded amount of $80,000.00. 

(This change extends the current term until April 30, 2010 with no increase in rates). 

24. RESOLUTION approving Change No. 5 to Contract No. 11121, Customer Satisfaction Survey 

Process, with Renee Enterprises in the funded amount of $35,334.00. (This change renews the 

contract for the third of four renewal terms, January 1, 2010 to December 31, 2010, with no 

increase in rates). 

25. RESOLUTION approving Change No. 2 to Contract No. 11173, Weld Testing and Inspection 

Services, with American Industrial Testing in the funded amount of $24,125.00, for a new 

contract value of $70,500.00. (This change renews the contract for the second of four renewal 

terms, January 1, 2010 to December 31, 2010, with no increase in rates). 

26. RESOLUTION approving Change No. 2 to Contract No. 11202, Administrative Services 

Agreement between MLGW and United Healthcare, in the funded amount of $33,938,534.00. 

(This change extends the service covering the period January 1, 2010 to December 31, 2010 and 

includes the implementation of new financial terms). 

27. RESOLUTION approving Change No. 2 to Contract No. 11209, Mobile Document Shredding 

Service, with Vital Records Control in the funded amount of $48,075.12. (This change renews 

the contract for the second, third and fourth renewal terms, January 4, 2010 to January 3, 2013, 

in an annual amount of $16,025.04 and reflects size of bins and reduced number of rotations at 

some locations which resulted in a price change and no increase in rates). 

28. RESOLUTION approving Change No. 2 to Contract No. 11214, Information Services Support, 

with Delta Consulting in the funded amount of $193,440.00. (This change renews the contract 

for the second of four renewal terms, January 1, 2010 to December 31, 2010, which represents a 

38.05% decrease from the previous year). 

29. RESOLUTION approving Change No. 3 to Contract No. 11217, Temporary Services, with 

Manpower, Inc. in the funded amount of $184,866.40. (This change renews the contract for the 

third of four renewal terms, January 1, 2010 to December 31, 2010, with no increase in rates 


30. RESOLUTION approving Change No. 3 to Contract No. 11220, Temporary Services, with 

Kelly Services, Inc. in the funded amount of $674,912.00. (This change renews the contract for 

the third of four renewal terms, January 1, 2010 to December 31, 2010, with a 1.54% increase in 

rates due to the mandated State Unemployment Taxes (SUTA). 

December 1, 2009 Page 9

31. RESOLUTION approving Change No. 1 to Contract No. 11232, Medical Insurance Plan, with 

Cigna Insurance Company in the funded amount of $8,359,113.00. (This change reflects the 

first of four renewal terms covering the period January 1, 2010 to December 31, 2010, with a 

16% increase in contract value and a 10% premium increase from the previous year). 

32. RESOLUTION approving Change No. 1 to Contract No. 11233, Employee Benefit Dental Plan, 

with Delta Dental of Tennessee in the funded amount of $1,857,104.00. (This change extends 

the service and reflects the first of four renewal terms covering the period January 1, 2010 to 

December 31, 2010 and includes the implementation of new financial terms). 

33. RESOLUTION approving Change No. 1 to Contract No. 11250, Waste Management Services, 

with Pollution Control Industries 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 a 



with Zycron in the funded amount of $185,000.00. (This change renews the contract for the 

second of four renewal terms, January 1, 2010 to December 31, 2010, with a 28.72% decrease 



with Stragistics Technology in the funded amount of $209,865.74. (This change renews the 

contract for the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 



with Nex Tech Solutions in the funded amount of $551,224.20. (This change renews the 



37. RESOLUTION approving Change No. 3 to Contract No. 11269, Information 

Services Support, with Software Resource Consultants in the funded amount of $290,000.00. 

(This change renews the contract for the second of four renewal terms, January 1, 2010 to 

December 31, 2010, with a 0.62% increase from the previous year due to resources that were 

allocated as a part-time resource in 2009 will be used as a full-time resource in 2010). 


with Cook Systems International in the funded amount of $52,520.00. (This change renews the 




with TEK Systems in the funded amount of $892,056.00. (This change renews the contract for 

the second of four renewal terms, January 1, 2010 to December 31, 2010, with a 2.98% increase 

from the previous year due to additional hours allocated to technical resources with expertise in 

network security, network infrastructure and Linux operating systems). 

December 1, 2009 Page 10


with Ciber, Inc. in the funded amount of $708,240.00. (This change renews the contract for the 

second of four renewal terms, January 1, 2010 to December 31, 2010, with a 16.45% increase 

from the previous year due to resources that were allocated as a part-time resource in 2009 will 

be used as a full-time resource in 2010). 

41. RESOLUTION approving Change No. 1 to Contract No. 11303, Medical Insurance Plan, with 

Aetna Insurance Company in the funded amount of $1,051,390.00. (This change renews the 

contract for the first of four renewal terms covering the period January 1, 2010 to December 31 

2010, with a 2.75% increase in contract value and a 19.8% premium increase from the previous 

year). 

42. RESOLUTION approving Change No. 1 to Contract No. 11320, Local Dial Tone Services, with 

Paetec in the funded amount of $9,750.00, for a new contract value of $201,750.00. (This 

change covers installation of an additional T1 facility at 1665 Whitten Road to increase the 

capacity of outbound calling). 

43. RESOLUTION awarding contract for MDS master radios to Edison Automation in the amount 

of $36,250.00. 

44. RESOLUTION awarding contract for one channel pump to Dickow Pump Company, Inc. in the 

amount of $36,254.00. 

45. RESOLUTION awarding contract for one power circuit breaker to Siemens c/o Utility Sales 

Agency, LLC, in the amount of $37,995.00. 

46. RESOLUTION awarding contract for two Ethernet security appliances to CipherOptics in the 

amount of $49,090.00. 

47. RESOLUTION awarding contract for one gas chromatograph to Daniel Measurement and 

Control in the amount of $64,335.00. 

48. RESOLUTION awarding contract for web application security gateway upgrade to Fishnet 

Security in the amount of $106,175.00. 

49. RESOLUTION awarding contract for load balancer solution to Venture Technologies in the 

amount of $114,991.50. 

50. RESOLUTION awarding 60-month blanket contract for maintenance and support of MLGW’s 

document imaging system to Imaging Solutions and Services, Inc. in the amount of 

$181,489.97. 

51. RESOLUTION awarding 36-month blanket contract for customer utility bill paper to 

Workflowone in the amount of $281,166.76. 

52. RESOLUTION authorizing payment of Louisiana Trunkline Personal Property Taxes for the 

Gas Division in the amount of $252,587.53. 

53. RESOLUTION to ratify agreement between MLGW and TCI of Alabama, LLC, to authorize 

payments to TCI for PCB testing and disposal.


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 



B. Case No. PD 09-324 – FIELDSTONE PLANNED DEVELOPMENT, 3 RD 

AMENDMENT 

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, 2 nd Amendment (P.D. 08-337) 

Applicant: 

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 



C. Case No. PD 09-325 

Located on the northeast corner of Whitten Road and Captains Rite Cove, 

containing 1.53 acres in PD 03-347 

Applicant: 

Request: 

Scott D. Marshall 

Automotive Sales and Service 





SUGGESTED DATE: December 15, 2009







Memphis, TN 38103-2017 

_________________________________________________________________________ 





up for T H I R D and F I N A L reading. (Held from 8/4; 8/18; 9/1; 9/15) 






7/21; 8/4; 8/18; 9/1; 9/15; 10/6; 11/3; 11/17) 





Ordinance as amended, up for T H I R D and F I N A L reading. 




57. ORDINANCE to amend Chapter 21, Code of Ordinances, City of Memphis, to amend 

certain sections of Ordinance No. 5217, Article III of the Code of Ordinances regulating 

Junk and Scrap Metal Dealers, up for T H I R D and F I N A L reading. 





(None) 


(None) 


(None)



58. RESOLUTION amending the 2010 CIP budget by transferring an allocation of 

$175,000.00 from FS02014 Fire Station #57 and $75,000.00 from FS02010 Fire Station 

#22 to FS02018 Countrywood Eads Berryhill Fire Station. The resolution further amends 

the 2010 CIP budget by appropriating $650,000.00 in G.O. Bonds and Land Acquisition 

in FS02018 Countrywood Eads Berryhill. 

Hedgepeth 




(None) 


59. RESOLUTION authorizing the sale of the following City owned parcels to participants 

of Diversity Developer Incubator Initiative: Tate Avenue & Walnut Street – (011031 

00008) Downtown/Medical District, in the amount of $1.00. 

Ford 



60. RESOLUTION authorizing the sale of the following City owned parcels to participants 

of Diversity Developer Incubator Initiative: Redbud Road & Charlotte Road – (075058 

00008); (075058 00009); (075058 00010); (075058 00011) – Whitehaven/Levi Planning 

District, in the amount of $1.00. 

Ford 




(None) 

LAW DIVISION 

(None) 

MLGW DIVISION 

61. RESOLUTION approving the budgets for the Electric, Gas and Water Divisions for the 

2010 Operation and Maintenance Expenses and the 2010 Capital Expenditures. (Held 

from 11/17). 

Ware 



PARK SERVICES 

62. RESOLUTION requesting City Council approval to amend the Division of Park Services 

Operations’ Department FY 2010 Operating Budget by $4,085.00 to include a grant 

received from the Cargill Cotton Citizenship Team to repair damaged playground 

equipment at various City park locations. 

Strickland 






(None) 

(None) 


63. RESOLUTION approving the issuance of Airport Revenue Bonds, not to exceed 

$70,000,000.00, for New Parking Garage Complex and Other Airport Improvements. 

Boyd 



64. RESOLUTION approving the issuance of Airport Authority Refunding Revenue Bonds, 

not to exceed $300,000,000.00, to Refinance Existing Debt for Interest Rate Savings. 

Boyd 




ADJOURNMENT


ADD-ONS 

65. RESOLUTION approving a Hotel/Motel Waiver for Splendid Hospitality, located at 6101 

Shelby Oaks Drive. 

Morrison Case No. HMW 09-04 



66. RESOLUTION authorizing the issuance and sale of not to exceed Six Hundred Million Dollars 

(600,000,000.00) Principal Amount of Electric System Revenue Refunding Bonds, 

Series 2009. 

Ware 



67. ORDINANCE to amend Chapter 25, Section 15-181 so as to revise and clarify sections of 

the pension and retirement plan, up for F I R S T reading. 




68. RESOLUTION congratulating Deidra Shores. 

Lowery 




1. and 2 – approved 


4. Through 11- Approved 

12. Public Hearing set for December 15, 2009 



55. and 56 – Held to December 15, 2009 




ACTION TAKEN ON THE MINUTES OF NOVEMBER 17, 2009 

Approved


ACTION TAKEN ON THE MINUTES OF DECEMBER 1, 2009 FOR ITEM #53 and 

ITEM #66 

Approved, set up as Special Item #2



November 17, 2009 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (November 3, 2009) 




1. RESOLUTION recognizing St. Benedict for winning the state volleyball championships 

in their respective divisions. 

Boyd 



2. RESOLUTION recognizing Evangelical Christian School for winning the state 

volleyball championships in their respective divisions. 

Boyd 




3. RESOLUTION approving a special use permit located on the west side of Third Street, 

+506 feet north of Walker Avenue, containing 0.62 acre in the Local Commercial (C-L) 

District. 


Applicant: 

Request: 

Pyramid Used Cars, Inc. 

Cindy Reaves, SR Consulting, LLC – Representative 

Motor Vehicle Sales

November 17, 2009 Page 2 





REJECTION 




4. RESOLUTION approving a special use permit located on the south side of E. H. Crump 

Boulevard, +252 feet west of Mississippi Blvd., containing 0.40 acre in the Local 

Commercial (C-L) District. 


Applicant: 

Request: 

Yemaj & Mohamed Abbas 








5. ORDINANCE rezoning the southwest corner of Walnut Street and Tate Avenue, 

containing 1.29 acres (Development site) and 0.65 acre (Zoning Amendment) in the 

Highway Commercial (C-H) District, up for T H I R D and F I N A L reading. 



Applicant: 

Request: 

Urban Construct, LLC 

Tiena Gwin – Representative 

Multiple Dwelling Residential (R-MM) District 


APPROVAL 



87 NOTICES WERE MAILED ON NOVEMBER 6, 2009







Memphis, TN 38103-2017 

___________________________________________________________________________________ 





Ordinance as amended, up for S E C O N D reading. 






Junk and Scrap Metal Dealers, up for S E C O N D reading. 





(None) 




for S E C O N D reading. 



Applicant: 

Request: 





APPROVAL 





containing 18.77 acres in the Highway Commercial (C-H) District, up for S E C O N D 

reading. 



Applicant: 

Request: 




Industrial (I-L) District 


APPROVAL 



ENGINEERING 

10. RESOLUTION accepting UNIVERSITY PLACE, PHASE 1, STREET and 

DRAINAGE IMPROVEMENTS and authorizing release of bond. 



streets and easements as shown on the final plat located on the southeast corner 

of Crump Boulevard and Sommerville Street. The standard improvement 

contract was approved on November 7, 2006. Resolution also authorizes the 

release of the performance bond in the amount of $1,501,656.00. 




11. RESOLUTION accepting UNIVERSITY PLACE P.D., PHASE 2 and authorizing 





streets and easements as shown on the final plat located south of E. H. Crump 

Boulevard, west of I-240. The standard improvement contract was approved on 

August 7, 2007. Resolution also authorizes the release of the performance bond 

in the amount of $1,308,439.00. 






recommendation made requesting a date of public hearing:


A. Case No. SAC 09-607 – Cleveland Street Alley Closing 

Beginning on the west side of Watkins Street, 155 feet south of Madison Avenue 

and extending west 361 feet, containing 12 acres 

Applicant: 

Request: 

Medical Education and Research Institute 

Brenda Solomito – Representative 

Close a portion of an existing, improved alley and dedicate and 

improve a new north/south alley 





SUGGESTED DATE: December 1, 2009









13. RESOLUTION awarding Contract No. 11355, Line Clearance, to Bean & Prince Contractors, 

Inc. in the funded amount of $7,876,040.00. 

14. RESOLUTION awarding Contract No. 11362, Electronic Forms Routing, to B P Logix in the 

funded amount of $238,300.00. 

15. RESOLUTION awarding Contract No. 11363, Graphical User Interface (G.U.I.) Replacement 

Software, to Seagull, in the funded amount not to exceed $130,500.00. 

16. RESOLUTION awarding Contract No. 11386, Internet Service Provider, to AT&T Business 

Systems, by and through the pre-existing “Contract between the State of Tennessee, Department 

of Finance and Administration and AT&T Corporation,” in the funded amount of $232,200.00.







Memphis, TN 38103-2017 

_________________________________________________________________________ 


17. ELECTION of the 2010 City Council Chairman. 

Collins 

18. ELECTION of the Council Vice Chairman. 

Collins 


Flinn 

Memphis & Shelby County Air Pollution Board 

Reappointment 

Doris F. Boyd 




7/21; 8/4; 8/18; 9/1; 9/15; 10/6; 11/3) 






Memphis, up for T H I R D and F I N A L reading. (Held from 10/20; 11/3) 






(None) 


(None)



22. RESOLUTION transferring $479,000.00 from the City Court Legal Level 870101 to the 

new City Court Legal Level 870201 for Red Light Camera. 

Halbert 





(None) 


(None) 


(None) 

LAW DIVISION 

(None) 

MLGW DIVISION 

23. RESOLUTION approving the budgets for the Electric, Gas and Water Divisions for the 

2010 Operation and Maintenance Expenses and the 2010 Capital Expenditures. 

Ware 



PARK SERVICES 

24. RESOLUTION requesting approval to fund $1,407,721.00 of the total appropriation 

approved by the Council on May 19, 2009 in Contract Construction in Greenway 

Improvements, CIP Project Number PK07012, funded by G.O. Bonds General for the 

construction of the Wolf River Greenway, Phase 2. 

Strickland 




25. RESOLUTION accepting grant funds in the amount of $6,345,093.00 from the U.S. 

Department of Justice for the American Reinvestment and Recovery Act (ARRA) 

funding through the Office of Community Oriented Policing Services (COPS) grant, 

specifically for the COPS Hiring Recovery Program (CHRP). Resolution also amends 

the FY2010 Operating Budget to establish and appropriate grant funds. 

Hedgepeth 



26. RESOLUTION accepting grant funds in the amount of $734,919.00 from Shelby County 

Government, granted through the U.S. Department of Justice for the Justice Assistance 

Grant specifically for public safety projects. Resolution also amends the FY2010 


Hedgepeth





Justice Assistance FY09 Smart Policing, Evidence-Based Law Enforcement and Smart 

Policing Demonstration Initiative (Safeways – Old Allen), in the amount of $500,000.00. 

Resolution also amends the FY2010 Operating Budget to establish and appropriate 

$500,000.00 in grant funds. 

Hedgepeth 




(None) 


28. RESOLUTION accepting grant funds in the amount of Six Million Seven Hundred Sixty 

Seven Thousand Two Hundred Dollars ($6,767,200.00) from the U.S. Department of 

Energy for the Recovery Act Energy Efficiency Conservation Block Grant. Resolution 

also amends the FY2010 Operating and Capital Improvement Budgets to establish and 

appropriate grant funds. 

Boyd 




ADJOURNMENT


ADD-ONS 






30. RESOLUTION to support and approve granting of job retention incentives through the 

payment-in-lieu-of-tax (PILOT) program of the Industrial Development Board of the City of 

Memphis and County of Shelby (IDB). The purpose of this resolution is to aid in preserving 

jobs of existing Memphis and Shelby County businesses that are being threatened by the 

downturn of the U.S. economy. In order to qualify for a job retention PILOT, companies must 

meet the requirements outlined in Exhibit A that include: investment, job retention, financial 

stability and benefit cost criteria. Qualifying companies must also comply with overall PILOT 

guidelines. 

Collins 



31. RESOLUTION accepting grant funds in the amount of $394,500.00 from the U.S. Department 

of Justice for the SCA (Second Chance Act) Back on Tract Project. SCA Back on Track will 

partner and transition the Shelby County Division of Corrections Services with the City’s postrelease 

programs and services. Resolution also amends the FY2010 Operating Budget to 

establish and appropriate grant funds. 

Brown 




1. & 2 – Approved 


4. Held until December 1, 2009 


12. Public Hearing Set for December 1, 2009 




22. Approved 


24. Through 31 – Approved


ACTION TAKEN ON THE MNUTES OF NOVEMBER 3, 2009 MEETING 

Approved 

ACTION TAKEN ON THE MINUTES OF ITEMS #24, #30 & #31 FROM TONIGHT’S 

MEETING 

Approved









INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (October 20, 2009) 




1. RESOLUTION approving an honorary street name change of Beale Street for Bernard J. 

Lansky. 

Hedgepeth 



2. RESOLUTION approving an honorary street name change for Mary Grimes Hutchison 

on Ridgeway between Park and Quince. 

Boyd 




3. RESOLUTION approving a subdivision appeal located on the southwest corner of Shady 

Grove Road and Roane Road (4968 Roane Road). 

Morrison Case No. S 46-001 

Applicant: 

Appellant: 

Raia Khan and Fariha Bano 

Herbert S. Phillips, III



which approved reducing the required minimum front yard 

building setback of 75 feet for Shady Grove Road by 7 feet 6 

inches and reducing the required minimum front yard building 

setback of 65 feet by 10 feet, 8 inches along Roane Road for 

the construction of a new home on Lot 105 




Approved the requested setback reductions 

APPROVAL 


52 NOTICES WERE MAILED ON OCTOBER 23, 2009 


Linden Avenue and Fourth Street, extending eastward to Turley Street, containing 2.80 

acres in the Sports and Entertainment (SE) District. 


Applicant: 

Request: 

Royal Phoenix Development (Marlon Phoenix) 

ETI Corporation (Ralph Smith) – Representative 

11 story hotel with future ground floor retail uses 






5. RESOLUTION approving a street/alley closure beginning at a point approximately 

1,500 feet west of Bledsoe Road and extending west 709.75 feet, containing .97 acre. 

(Held from 10/20) 


Applicant: 

Request: 

Mark H. and Melinda M. George 

ETI Corporation – Rodney Joyner – Representative 

Close a remnant portion of existing right-of-way left abandoned as 

a result of the construction of a new Holmes Road overpass over 

the Burlington Northern Railroad 





46 NOTICES WERE MAILED ON OCTOBER 9, 2009



6. RESOLUTION accepting grant funds in the amount of $40,000.00 from the Tennessee 

Historical Commission for the Memphis Historic Properties Survey as required by the 

Certified Local Government Agreement. Resolution also amends the FY 2010 

Operating Budget to establish and appropriate grant funds and matching funds in the 

amount of $26,666.00. 

Morrison 



7. RESOLUTION approving a Hotel/Motel Waiver for Super 8 Motel, located at 6015 

Macon Cove. 





(None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 




(None) 




for F I R S T reading. 



Applicant: 

Request: 





APPROVAL 




containing 18.77 acres in the Highway Commercial (C-H) District, up for F I R S T 

reading. 



Applicant: 

Request: 




Industrial (I-L) District 


APPROVAL 







Highway Commercial (C-H) District, up for S E C O N D reading. 



Applicant: 

Request: 





APPROVAL 



ENGINEERING 

11. RESOLUTION accepting POLO GROUNDS NORTH P.D., PHASE 1 (PD 99-344) and 

WINCHESTER/HACKSCROSS P.D., PHASE 33 (PD 06-342cc) and authorizing 




streets and easements as shown on the final plat located on Centennial Drive, 

north of Winchester Road. The standard improvement contract was approved on 

September 18, 2007. Resolution also authorizes the release of the letter of credit 





12. RESOLUTION approving final plat of LAMAR-DAVIDSON ROAD P.D., 

AMENDED, PHASE 1. 


Resolution approves the final plat located on the west side of Lamar Avenue, 

514.73 feet south of the centerline of Davidson. 




13. RESOLUTION approving final plat of MORTON SUBDIVISION. 


Resolution approves the final plat located between St. Elmo and Old 

Brownsville. This action is subject to County approval.








A. Case No. SUP 09-214 

Located on the west side of Third Street, +506 feet north of Walker Avenue, 

containing 0.62 acre in the Local Commercial (C-L) District 

Applicant: 

Request: 

Pyramid Used Cars, Inc. 

Cindy Reaves, SR Consulting, LLC – Representative 





REJECTION 



SUGGESTED DATE: November 17, 2009









15. RESOLUTION awarding Contract No. 11330, Overhead and Underground Transformer Change 

Out, to Standard Electric Company, Inc. in the funded amount of $2,146,412.00. 

16. RESOLUTION approving Change No. 9 to Contract No. 10705, Oracle Software License and 

Service Agreement, with Oracle, Inc. in the funded amount of $672,715.39. (This covers the 

purchase of additional required licenses and the first year of support from Oracle to use the audit 

vault and data masking features of existing Oracle environments). 

17. RESOLUTION approving Change No. 4 to Contract No. 11009, MLGW Utility Payment 

Centers, with Fiserv in the funded amount of $240,000.00. (This renews the contract for the 

fourth and final renewal term, October 3, 2009 to October 2, 2010, with no increase in rates). 

18. RESOLUTION awarding contract for global navigation satellite system to ICM, Inc. in the 

amount of $33,075.00. 

19. RESOLUTION awarding contract for energy conservation kits to AM Conservation Group, Inc. 


20. RESOLUTION awarding contract for radio dispatch consoles to Motorola c/o Integrated 

Communications in the amount of $63,355.50. 

21. RESOLUTION awarding contract for tapping machine and accessories to T. D. Williamson, 

Inc. in the amount of $129,658.50. 

22. RESOLUTION awarding contract for substation capacitor banks to Utilicor in the amount of 

$510,504.00. 

23. RESOLUTION awarding a three-year contract in the amount of $5,141,569.00 and a one-year 

contract in the amount of $227,700.00 for URD fittings to H D Supply, for a total amount of 

$5,369,269.00.







Memphis, TN 38103-2017 

_________________________________________________________________________ 


24. FILING of election results from the Shelby County Election Commission. 

Filing of certification by the Shelby County Election Commission of the results 

of the October 15, 2009 Memphis Municipal Special Election. 


Spread on Minutes 

25. Oath of Office – Inauguration certifying elected Mayor. 

(on file in Council Records) 

Collins 


Flinn 

Civil Service Commission 

Reappointment 

Chloee K. Poag 

Memphis Community Development Enterprise, Inc. 

Reappointment 

Terry Spicer 


Reappointment 

Karl Pensak 

Memphis & Shelby County Port Commission 

Appointment 

Billy Orgel


Pension Board of Administration 

Reappointment 

Dwan L. Gilliom 

Appointment 

Lisa Geater 




7/21; 8/4; 8/18; 9/1; 9/15; 10/6) 







F I N A L reading. (Held from 10/20) 






Memphis, up for T H I R D and F I N A L reading. (Held from 10/20) 





30. ORDINANCE to amend Section 18-19, of Chapter 18, Article II, of the existing 

City Code of Ordinances to reflect current state law, specifically Tennessee Code 

Annotated Section 10-3-103, to set forth the terms that govern the appointment of 

members of the Memphis Library Board of Trustees, up for T H I R D and F I N A L 

reading. 

Brown Ordinance No. 5333 



31. ORDINANCE to amend Chapter 15, Code of Ordinances, to include regulations for the 

Proper Disposal of Tires and the Registration of Certain Tire Businesses and Tire 

Haulers, within the City of Memphis, up for T H I R D and F I N A L reading. 






(None) 


(None) 


(None) 


32. RESOLUTION appropriating $226,000.00 funded by G.O. Bonds General, Project 

Number FS02014 for Fire Station Number 57. 

Hedgepeth 



33. RESOLUTION appropriating $226,000.00 funded by G.O. Bonds General, Project 

Number FS02010 for Fire Station Number 22. 

Hedgepeth 




(None) 


34. RESOLUTION appropriating $6,500,000.00 funded by G.O. Bonds-General in the 

Uptown Redevelopment Project Phase 2, Project Number CD01079, to complete all 

phases of construction, infrastructure, site preparation and related work for the Uptown 

Redevelopment Area. The $6,500,000.00 expenditure is a loan to the Uptown Project 

and the funds will be repaid. 

Ford 




(None) 

LAW DIVISION 

(None) 

MLGW DIVISION 

35. RESOLUTION approving actuarial funding to the Retirement and Pension System in the 

amount of $22,400,925.00 for the 2009 Plan Year. 

Ware 



36. RESOLUTION approving the 2009 funding requirement to the OPEB Trust in an 

amount not to exceed $18,567,577.71. 

Ware 






(None) 


37. RESOLUTION appropriating $50,000.00 in FY10 for a Waste Tire Redemption 

Program. (Held from 10/20) 

Brown 



38. RESOLUTION appropriating $819,978.00 for Vehicle Emission Testing Equipment for 

the Motor Vehicle Inspection Stations, CIP Project Number PS01009, as part of the 

FY09 Capital Improvement Program funded by G.O. Bonds and Local Other CIP. 

Brown 



39. RESOLUTION approving an extension to the Option Agreement with Metal 

Management Memphis, LLC for possible lease of certain property in the Pidgeon 

Industrial Park, as approved by the Board of Commissioners of the Memphis and Shelby 

County Port Commission on July 22, 2009. 

Collins Contract No. 5149 





ADJOURNMENT


ADD-ONS 

40. RESOLUTION appropriating CIP funding in the amount of $3,200,000.00 for the demolition 

phase of Fairgrounds Project and reallocating and appropriating the balance of CIP funding for 

the Pyramid Acquisition. 

Ford 



41. RESOLUTION allocating $199,250.00 from the Riverfront Development Corporation, Mud 

Island land sale, to fund Human Service Grants cut from the FY 2010 Operating Budget. 

Halbert 



42. Fourth Supplemental resolution supplementing the Electric System Subordinate Revenue 

Obligation Master resolution authorizing the issuance and sale of not to exceed Six Hundred 

Million Dollars ($600,000,000.00), principal amount of Electric Systems Revenue Refunding 

Bonds, Series 2009; establishing the terms thereof and the disposition of proceeds therefrom; 

approving the sale thereof by negotiation; authorizing the preparation and execution of a Bond 

Purchase Agreement; authorizing the preparation, execution and distribution of a preliminary 

official statement and a final official statement; authorizing the preparation and execution of 

Escrow Agreement; appointing a Bond Registrar, Paying Agent and Escrow Agent; and 

authorizing officers of the City to take all necessary steps to accomplish the sale of the bonds. 

Ware 



43. RESOLUTION to approve increasing the authorized complement and full-time employee 

funding for the Motor Vehicle Inspection Bureau to include two additional Motor Vehicle 

Examiner positions and to increase the inspection fee to $15.00 per vehicle, as part of the FY10 

Operating Budget funded by projected revenue from re-establishing the Mobile Inspection 

Program. 

Brown 





Junk and Scrap Metal Dealers, up for F I R S T reading. (Held from 10/6) 






3. Withdrawn 


14. Public Hearing Set for November 17, 2009 


27. Held until November 17, 2009 

28. Held until the 1 st Meeting in February 2010 

29. Held until November 17, 2009 

30. Approved 



ACTION TAKEN ON THE MINUTES OF OCTOBER 20, 2009 MEETING 


ACTION TAKEN ON THE MINUTES OF ITEMS #40, #41, #42 & #43 FROM TONIGHT’S 

MEETING 

Approved



October 20, 2009 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (October 6, 2009) 




1. RESOLUTION approving an honorary street name change on Airways Blvd., between 

Deadrick Ave. and Supreme Ave. for John Grisanti. 

Halbert 



2. RESOLUTION approving an honorary street name change on Levi Road, between 

Third Street and Weaver Road for Mrs. Frances Day-Hale. 

Ford 




3. RESOLUTION approving a planned development located on the north side of Harbert 

Avenue; +/-310 feet east of South Bellevue Boulevard, containing 0.21 acre (9,147.60 

sq. ft.) in the Single Family Residential (R-S6) Historic Preservation (HP)District. 


Applicant: 

Brook & Marissa Loper 

Harkavy-Shainberg-Kaplan-Dunstan, PLC – Representative

October 20, 2009 Page 2 

Request: 

Planned development to allow renovation and use of the property 

as a triplex and obtain separate utility meters of the tenants 




REJECTION 

HOLD FOR THIRTY (30) DAYS 



4. RESOLUTION approving a planned development located on the west side of Barksdale 

Street; +/-184.77 feet south of Poplar Avenue, containing 1.34 acres in the planned 

development (PD PUD R-114) and Multiple Dwelling Residential (R-MM) Districts. 


Applicant: 

Request: 

Memphis College of Art (Sherry Yelvington) 

Nathan Bicks – Representative 

Construct a second residence hall 


No Recommendation 




5. RESOLUTION approving a street/alley closure beginning at a point approximately 

1,500 feet west of Bledsoe Road and extending west 709.75 feet, containing .97 acre. 


Applicant: 

Request: 





the Burlington Northern Railroad 






6. RESOLUTION approving a street/alley closure beginning on the west side of Neptune 

Street, 99.76 feet north of Ida Place and extending 525 feet west, containing 0.18 acre. 


Applicant: 

Request: 

LeMoyne-Owen College 

Dan Graddy – ETI Corporation – Representative 

Close and vacate an existing, unimproved alley








(None) 


(None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 







members of the Memphis Library Board of Trustees, up for S E C O N D reading. 




8. ORDINANCE to amend Chapter 15, Code of Ordinances, to include regulations for the 

Proper Disposal of Tires and the Registration of Certain Tire Businesses and Tire 

Haulers, within the City of Memphis, up for S E C O N D reading. 







Highway Commercial (C-H) District, up for F I R S T reading 



Applicant: 

Request: 





APPROVAL 



ZONING ORDINANCE - SECOND READING (None)


ENGINEERING 

10. RESOLUTION approving final plat of STANSELL CROSSING PD, PARCEL 9, 7 TH 

AMENDMENT, PH. 20. 


Resolution approves the final plat located north of Lowrance Rd., west of Hacks 

Cross Rd. This action is subject to County approval. 




11. RESOLUTION approving engineering plans of WHITTEN/I-40 PD, 2 ND 

AMENDMENT, PHASE 18 SEWER EXTENSION. 


Resolution approves the engineering plans located on the northwest corner of 

Century Center Parkway and Whitten Road. Cost of the required improvements 

to be borne by the Developer. Resolution also authorizes the proper officials to 

execute the attached standard sewer extension contract. 







A. Case No. S 46-001 – SHADY GROVE SUBDIVISION, LOT 105 

Located on the southwest corner of Shady Grove Road and Roane Road (4968 

Roane Road) 

Applicant: 

Appellant: 

Raia Khan and Fariha Bano 

Herbert S. Phillips, III 


which approved reducing the required minimum front yard 

building setback of 75 feet for Shady Grove Road by 7 feet 6 

inches and reducing the required minimum front yard building 

setback of 65 feet by 10 feet, 8 inches along Roane Road for 

the construction of a new home on Lot 105 



Approved the requested setback reductions 

APPROVAL 



SUGGESTED DATE: November 3, 2009









13. RESOLUTION awarding Contract No. 11343, Re-roof Various MLGW Buildings, to B Four 

Plied, Inc. in the funded amount of $88,855.00. 

14. RESOLUTION awarding Contract No. 11348, Facility Information System/Geographical 

Information System Replacement, to MJ Harden in the funded amount of $1,320,157.00. 

15. RESOLUTION awarding contract for electronic voltage detectors to HD Electric Company c/o 

Utility Specialists, Inc. in the amount of $46,899.00. 

16. RESOLUTION awarding contract for Cisco multiplexer parts to Coleman Technologies, Inc. in 


17. RESOLUTION awarding 60-month contract for paper products to Memphis Chemical and 

Janitorial Supply in the amount of $335,850.00. 

18. RESOLUTION awarding 60-month contract for protectors and transformers as follows: 

Carte International LLC c/oVincent Sales, Inc………………………… $1,942,928.00 

EatonElectricalc/oACFAssociates……………………………………….1,279,161.00 

Total…..………………………………………………………………...$3,222,089.00







Memphis, TN 38103-2017 

_________________________________________________________________________ 



Flinn 

Alcohol Commission 

Appointment 

Eugene S. Bryan 

Reappointment 

Rick Middlebrook 


Appointment 

Carnita McKeithen 


John D. Horne 

Gloria Thomas 

Bernie Weinman 

Memphis Community Development Enterprise 

Appointment 

Harry T. Cash, III



Appointments 

Robert D. Cash 

Douglas B. Dugard Jr. 

Tierney R. Matthews 

Dr. Jose C. Yataco 

Memphis and Shelby County New Arena Public Building Authority 

Appointment 

Tierney R. Matthews 
















22. ORDINANCE to revise Chapter 15, Section 15-19(a), of the City of Memphis Code of 

Ordinances, pertaining to the removal of Construction and Demolition Debris by property 

owners, up for T H I R D and F I N A L reading. 






(None) 


23. RESOLUTION accepting grant funds in the amount of $504,329.00 from the State of 

Tennessee Department of Labor and Workforce Development division of WIA 

Title One Adult and Admin funds. Resolution also amends FY 2010 Operating Budget 

to establish and appropriate grant funds. 

Collins 




24. RESOLUTION accepting grant funds in the amount of $747,686.00 from the State of 

Tennessee Department of Labor and Workforce Development Division for WIA Title 

One Dislocated Workers and Administrative Funds. Resolution also amends FY 2010 


Collins 




25. INITIAL RESOLUTION to issue Sanitary Sewerage System Revenue Bonds, Series 

2009, of the City of Memphis, Tennessee for the purpose of financing improvements, 

additions and extensions to the City’s Sanitary Sewerage System. 

Halbert 



26. RESOLUTION authorizing the issuance of Sanitary Sewerage System Revenue Bonds, 

Series 2009, of the City of Memphis, Tennessee for the purpose of financing 

improvements, additions and extensions to the City’s Sanitary Sewerage System. 

Halbert 




27. RESOLUTION accepting grant funds from the State of Tennessee Bureau of TennCare 

for emergency services in the amount of $325,393.41. 

Hedgepeth 



28. RESOLUTION appropriating an additional $284,490.00 in G.O. Bonds from the Fiscal 

Year 2010 CIP Budget to purchase one (1) Aerial Truck for the Division of Fire 

Services. 

Hedgepeth 




(None) 


29. RESOLUTION requesting approval to sell a portion of L.E. Brown located at 617 South 

Orleans to the Memphis Housing Authority for the development of the Triangle Noir 

HOPE VI project. Said resolution is also requesting approval for the City to purchase 

acreage from the MHA to make the park whole. 

Ford 




(None)


LAW DIVISION 

(None) 


PARK SERVICES 

30. RESOLUTION appropriating $1,616,962.00 for construction with the low complying 

bid from Barnes and Brower, Inc., appropriation of $225,000.00 for Furniture, Fixtures 

and Equipment and appropriation of $85,000.00 for Information Technology for the 

Liberty Bowl Locker Rooms Phase II, CIP Project Number PK10010, part of the FY10 

Capital Improvement Budget funded by G.O. Bonds General. 

Strickland 




31. RESOLUTION accepting grant funds in the amount of $3,061.020.00 from Shelby 

County Government granted through the U.S. Department of Justice for the Recovery 

Act Edward Byrne Memorial Justice Assistance Grant specifically for public safety 

projects. Resolution also amends FY 2010 Operating Budget to establish and 


Hedgepeth 



32. RESOLUTION accepting grant funds in the amount of $210,321.00 from Shelby County 

Government granted through the U.S. Department of Justice for the Justice Assistance 

Grant specifically for public safety projects. Resolution also amends FY 2010 Operating 

Budget to establish and appropriate grant funds. 

Hedgepeth 




33. RESOLUTION appropriating $50,000.00 in FY10 for a Waste Tire Redemption 

Program. 

Brown 





allocation and appropriating $77,521.00 funded by G.O. Bonds – General from ADA 

Curb Ramp, project number PW04007 to ADA Curb Ramp Group 42, project number 

PW04076 for installation of ADA ramps at various locations in the City and for a 

construction contract with Enscor, LLC. 

Boyd 





allocation and appropriating $2,750,000.00 funded by G.O. Bonds (Storm Water) from 

Drainage Rehab/Replace project number ST03098 to Trenchless Rehab FY09, project 

number ST03114, for rehab of trenchless stormwater structures and for a construction 

contract extension with Moore Construction Company, Inc. 

Boyd 



36. RESOLUTION requesting that the Council of the City of Memphis modify the FY10 

Capital Improvement Budget by creating a new project, SWM Capital FY10, project 

number PW05008. The City of Memphis General Service Division Fleet Maintenance 

will refurbish 50 Solid Waste trucks for a total cost of $2,327,610.00. 

Boyd 

Resolution also requesting that the Council of the City of Memphis amend the 

FY10 Capital Improvement Budget by establishing an allocation and 

appropriation in the amount of $2,327,610.00 for SWM Capital FY10, project 

number PW05008. 




ADJOURNMENT



Collins 

City Attorney 

Appointment 

Herman Morris 

ADD-ON 

Shelby County Metro Charter Commission 

Appointments 

Dammon Griffin 

Steve Ross 

Jim Strickland 

Rev. Ralph White 

Carmen Sandoval 



5. Held to November 3, 2009 


12. Public Hearing set for November 3, 2009 


20. and 21 – Held to November 3, 2009 

22. Failed 


33. Held to November 3, 2009 

34. Through 37 – Approved, with the exception of the appointment of Steve Ross. Councilman 

Flinn made a motion to substitute Steve Ross with the appointment of Richard Smith. This 

nominee was set up as Special Item #5 

ACTION TAKEN ON THE MINUTES OF OCTOBER 6, 2009 

Approved 

ACTION TAKEN ON THE MINUTES OF OCTOBER 20, 2009 FOR ITEMS 1, 4, 29, 37 

AND SPECIAL ITEMS 1, 2, 3, 4, & 5 

Approved









INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (September 15, 2009) 




1. RESOLUTION approving an honorary street name change of Lauderdale St. for 

Mr. William Thomas Fowlkes III, between E.H. Crump Blvd. and Mississippi Blvd. 

Fullilove 




2. RESOLUTION approving a street/alley closure located on Delp Street at-grade railroad 

crossing, south of Pidgeon Roost Road, containing .40 acres. (Held from 9/15) 


Applicant: 

Request: 

BNSF Railway 

W. Max Rexroad/Hanson-Wilson, Inc. – Representative 

Close Delp Street at its at-grade railroad crossing south of Pidgeon 

Roost Road 






11 NOTICES MAILED ON SEPTEMBER 4, 2009 

3. RESOLUTION approving a planned development located on the existing western 

terminus of Market Plaza Drive and Germantown Parkway, containing 2.99 acres in an 

area currently governed by PD 08-326. 


Applicant: 

Request: 

TomBo Properties 

John B. Maxwell – Representative 

Delete the requirement to extend Kate Bond Road from Interstate 

40 south to Bellevue Parkway 


REJECTION 



86 NOTICES WERE MAILED ON SEPTEMBER 18, 2009 


U.S. Highway 64 and Reid Hooker Road, containing 176.27 acres in an area currently 

governed by P.D. 05-385. 


Applicant: 

Request: 

Marshall Gordon 

The Bray-Davis Firm, LLC - Representative 

Planned development amendment to reduce the commercial area, 

expand the area of apartment uses, add retirement living, a school, 

church and live/work spaces above the commercial and office uses 

as additional uses are permitted 





27 NOTICES WERE MAILED ON SEPTEMBER 18, 2009 


5. RESOLUTION approving a use variance located on the south side of Poplar Avenue; 

625 feet east of Ridgeway Road intersection, containing 1.132 acres in the General 

Office (O-G) District. 


Applicant: 

Request: 

Sharkey’s Gulf Grill, LLC 

Amend site plan to enlarge a restaurant use previously approved 

by a use variation 







6. RESOLUTION approving a Hotel Motel Waiver for Quality Inn, located at 6068 Macon 

Cove. 





(None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 





Junk and Scrap Metal Dealers, up for F I R S T reading. 







members of the Memphis Library Board of Trustees, up for F I R S T reading. 







notification process of alarm users operating without a permit, up for S E C O N D 

reading. 






Memphis, up for S E C O N D reading. 








owners, up for S E C O N D reading. 






Ordinance as amended, up for S E C O N D reading. 





(None) 


ENGINEERING 

13. RESOLUTION approving final plat of BAPTIST MEMORIAL HOSPITAL PD, 

PHASE 5, DRAINAGE IMPROVEMENTS. 



Resolution approves the final plat located on the southside of Walnut Grove 

Road, east of I-240. Cost of the required improvements to be borne by the 

Developer. Resolution also authorizes the proper officials to execute the 





14. NOTATIONS FROM OPD 

NOTATIONS from Land Use Control Board that the following cases were heard and 


A. Case No. SAC 09-605 – OLD HOLMES ROAD CLOSING 

Beginning at a point approximately 1,500 feet west of Bledsoe Road and 

extending west 709.75 feet, containing .97 acre 

Applicant: 

Request: 





the Burlington Northern Railroad




B. Case No. SAC 09-608 – IDA PLACE ALLEY CLOSING 

Beginning on the west side of Neptune Street, 99.76 feet north of Ida Place and 

extending 525 feet west, containing 018 acre 

Applicant: 

Request: 

LeMoyne-Owen College 

Dan Graddy – ETI Corporation – Representative 

Close and vacate an existing, unimproved alley 



C. Case No. PD 09 -311 – HARBERT AVENUE PLANNED DEVELOPMENT 

Located on the north side of Harbert Avenue; +/-310 feet east of South Bellevue 

Boulevard, containing 0.21 acre (9,147.60 sq. ft.) in the Single Family 

Residential (R-S6) Historic Preservation (HP)District 

Applicant: 

Request: 

Brook & Marissa Loper 

Harkavy-Shainberg-Kaplan-Dunstan, PLC – Representative 

Planned development to allow renovation and use of the property 

as a triplex and obtain separate utility meters of the tenants 



REJECTION 

HOLD FOR THIRTY (30) DAYS 



SUGGESTED DATE: October 20, 2009 

GENERAL ITEM 

15. RESOLUTION congratulating the Memphis Redbirds on winning the 2009 Pacific 

Coast League Championship. 

Strickland 











16. RESOLUTION awarding Contract No. 11242, Healthcare Claims Audit, to BMI Audit Service, 

LLC in the funded amount of $122,500.00. 

17. RESOLUTION approving Change No. 2 to Contract No. 11240, Influenza Vaccine, with 

Methodist Healthcare Alliance Health Services in the funded amount of $32,000.00. (This 

renews the contract for the second of four renewal terms, October 20, 2009 to October 19, 

2010). 

18. RESOLUTION approving Change No. 1 to Contract No. 11304, Insulation and Jacketing 

Repairs, with Insulation and Refractories Services, Inc. in the funded amount of $11,175.00, for 

a new contract total of $45,675.00. (This covers repairs to the current insulation due to 

unforeseen damages). 

19. RESOLUTION awarding contract for 900 MHZ radios to Edison Automation, Inc. in the 

amount of $32,640.00. 

20. RESOLUTION awarding contract for cap bank controls to H D Supply in the amount of 

$87,882.00. 

21. RESOLUTION awarding contract for internet security gateway upgrade to Venture 

Technologies in the amount of $143,632.72. 

22. RESOLUTION awarding contract for the purchase and installation of substation control house 

to Atkinson Industries, Inc. c/o HV Sales Co., Inc. in the amount of $228,889.00.







Memphis, TN 38103-2017 

_________________________________________________________________________ 


Flinn 

Citizen Law Enforcement 

Appointment 

Thomas A. O’Malley 


Memphis Community Development Enterprise, Incorporated Board 

Appointment 

J. Van Menard 

Memphis & Shelby County Board of Equalization 

Appointment 

Edward D. Simmons, Jr. 




7/21; 8/4; 8/18; 9/1; 9/15) 





(None) 


25. RESOLUTION appropriating $1,200,000.00 in G.O. Bonds general in FY2010 CIP 

(IS01007) to replace obsolete equipment and bolster the City’s network storage capacity. 

This project was approved by City Council in the FY2010 CIP budget. 

Collins




26. RESOLUTION approving a lease agreement with Praxair, Inc., as approved by the 

Board of Commissioners of the Memphis and Shelby County Port Commission on 

November 19, 2008. 

Collins 




27. RESOLUTION requesting the Memphis City Charter Commission cease to exist. 

Strickland 



28. RESOLUTION appropriating funds for the Airport area beautification project. 

Conrad 




(None) 


(None) 


(None) 

LAW DIVISION 

(None) 




(None) 


29. RESOLUTION including the Animal Shelter Replacement, CIP Project Number 

PS01010, as part of the FY10 Capital Improvement Budget. The Administration 

requests to appropriate $800,000.00 for Cat Condo’s, Cages, Kennels and misc. 

items in Furniture Fixtures and Equipment funded by G.O. Bonds General for the 

Animal Shelter Replacement. 

Brown 





ADJOURNMENT



September 15, 2009 






INVOCATION 



APPROVAL OF PREVIOUS MEETING MINUTES (September 1, 2009) 




(None) 


1. RESOLUTION approving a planned development located on the south side of Macon 

Road; +/-1,117 feet east of Houston Levee Road, containing 8.45 acres in an area 

currently governed by Cordova Ridge P.D., 3 rd Amendment (P.D. 01-331cc). 

Morrison 


Applicant: 

Request: 

Community Bank N.A. 

Solomito Land Planning – Representative 

Plan amendment to create Parcel 1-B to allow self-service ministorage 

warehouses in Parcel 1 of the Outline Plan 





REJECTION 


228 NOTICES MAILED ON SEPTEMBER 4, 2009

September 15, 2009 Page 2 


Macon Road and Macon View Drive, containing 6.93 acres in an area currently 

governed by Woodland Hills P.D., 9 th Amendment (PD. 05-381cc). 

Morrison 


Applicant: 

Request: 

Ethridge Enterprises 

Harkavy-Shainberg-Kaplan-Dunstan, PLC – Representative 

Plan amendment to Parcel 5 to allow limited Planned Commercial 

(C-P) District land uses 





REJECTION 



3. RESOLUTION approving a street/alley closure located on Delp Street at-grade railroad 

crossing, south of Pidgeon Roost Road, containing .40 acres. 


Applicant: 

Request: 

BNSF Railway 

W. Max Rexroad/Hanson-Wilson, Inc. – Representative 

Close Delp Street at its at-grade railroad crossing south of Pidgeon 

Roost Road 







4. RESOLUTION approving a special use permit located on the west side of W. Massey 

Road, +/-318.9 feet north of Lendenwood Road, containing 22.22 acres in the Single 

Family Residential (R-S15) District. 


Applicant: 

Request: 

Lausanne Collegiate School (Stuart McCathie, Headmaster) 

The Crump Firm, (Jeff Spears) – Representative 

Addition of lighting and bleachers in association with ball fields 



No Opposition at LUCB; No Public Hearing Required



(None)







Memphis, TN 38103-2017 

___________________________________________________________________________________ 





notification process of alarm users operating without a permit, up for F I R S T reading. 






Memphis, up for F I R S T reading. 







owners, up for F I R S T reading. 






(None) 


(None) 


ENGINEERING 

8. RESOLUTION approving final plat of RAINES MCCAIN SUBDIVISION, PART OF 

PARCEL 68. 

Case No. S 99-025


Resolution approves the final plat located on the northeast corner of McCain and 

Raines Road. 




9. NOTATIONS FROM OPD 

NOTATIONS from Land Use Control Board that the following cases were heard and 


A. Case No. PD 09-316 – Galleria of Memphis P.D., 3 rd Amendment 

Located on the existing western terminus of Market Plaza Drive and 

Germantown Parkway, containing 2.99 acres in an area currently governed by PD 

08-326 

Applicant: 

Request: 

TomBo Properties 

John B. Maxwell – Representative 

Delete the requirement to extend Kate Bond Road from Interstate 

40 south to Bellevue Parkway 


REJECTION 

B. Case No. PD 09-317 – Rockgate Center P.D., Amended 

Located on the southeast corner of U.S. Highway 64 and Reid Hooker Road, 

containing 176.27 acres in an area currently governed by P.D. 05-385 

Applicant: 

Request: 

Marshall Gordon 

The Bray-Davis Firm, LLC - Representative 

Planned development amendment to reduce the commercial area, 

expand the area of apartment uses, add retirement living, a school, 

church and live/work spaces above the commercial and office uses 

as additional uses are permitted 





SUGGESTED DATE: October 6, 2009









10. RESOLUTION awarding Contract No. 11352, External Auditing Services, to Thompson 

Dunavant in the funded amount of $856,000.00. 

11. RESOLUTION awarding Contract No. 11358, MLGW University/Training Center Chain Link 

Fence, to South Memphis Fence Company, Inc. in the funded amount of $25,956.00. 

12. RESOLUTION approving Change No. 6 to Contract No. 10681, Peak Period Call Management 

System, with Twenty First Century Communication, Inc., in the funded amount of $114,511.63. 

(This covers payment of invoices for work performed during the storm restoration of June 12, 

2009). 

13. RESOLUTION approving Change No. 21 to Contract No. 10780, Electric Construction and 

Maintenance, with Allied Electrical Contractors, LLC, in the funded amount of $29,146.07. 

(This covers payment of invoices for work performed during the storm restoration of June 12, 

2009). 

14. RESOLUTION approving Change No. 8 to Contract No. 10783, Emergency Aid Agreement, 

with Dilliard Smith Construction, in the funded amount of $660,328.55. (This covers 

emergency restoration work on MLGW’s electric system due to the storm of June 12, 2009). 

15. RESOLUTION approving Change No. 8 to Contract No. 11013, Line Clearance, with Blume 

Tree Services in the funded amount of $996,575.28. (This covers payment of invoices for work 

performed during the storm restoration of June 12, 2009). 

16. RESOLUTION approving Change No. 3 to Contract No. 11071, Emergency Storm Restoration, 

with Davis H. Elliot Construction Company, Inc., in the funded amount of $1,393,341.47. (This 

covers emergency restoration work on MLGW’s electric system due to the storm of June 12, 

2009). 

17. RESOLUTION approving Change No. 2 to Contract No. 11192, Pest Control, with Terminix in 

the funded amount of $211,554.00. (This renews the contract for the second, third and fourth 

renewal terms, November 1, 2009 to October 31, 2012, with no increase in rates).


18. RESOLUTION approving Change No. 1 to Contract No. 11274, Emergency Storm Restoration, 

with Henkels & McCoy, Inc., in the funded amount of $127,262.64. (This covers emergency 

restoration work on MLGW’s electric system due to the storm of June 12, 2009). 

19. RESOLUTION awarding contract for HP SAN switches and related services to Unistar-Sparco 

Computers, Inc. in the amount of $93,376.00. 

20. RESOLUTION awarding contract for air disconnect switches to Royal Switchgear 

Manufacturing Company in the amount of $122,825.00. 

21. RESOLUTION awarding contract for circuit breakers to ABB Power T & D c/o WESCO in the 

amount of $262,120.00. 

22. RESOLUTION awarding 36-month contract for fire hydrants to Mueller Company, Ltd. in the 

amount of $1,469,400.00. 

23. RESOLUTION awarding 12-month contract for ductile iron pipe to Griffin Pipe Products 

Company in the amount of $2,314,470.00. 

24. RESOLUTION awarding 24-month contract for luminaries to H D Supply Company in the 

amount of $2,700,511.01. 

25. RESOLUTION awarding 36-month contract for crushed limestone to Fullen Dock and 

Warehouse in the amount of $5,913,400.00. 

26. RESOLUTION approving payment to JD Power and Associates for the 2009 Electric 

Residential Study in the amount of $24,000.00. ($17,500.00 was previously paid to JD Power 

for the 2009 Electric Utility Business Customer Satisfaction Study, bringing the total to 

$41,500.00).







Memphis, TN 38103-2017 

_________________________________________________________________________ 



Flinn 


Reappointment 

Edward A. Bumpus 

Landmarks Commission 

Appointment 

Stanley E. Hyland 

Pension Board 

Appointment 

Joseph N. Saino 

Youth Guidance Commission 

Appointment 

Kenya Nicole Bradshaw 

Rodney Lomax 

Memphis & Shelby County Building Code Advisory Board 

Appointment 

Brent R. David 

Memphis & Shelby County Board of Equalization 

Reappointment


Lilly White 

Memphis & Shelby County Convention Center Commission 

Reappointment 

Wayne D. Tabor 

Memphis & Shelby County Electrical Code Board 

Appointment 

James V. Weatherington 

Memphis & Shelby County Land Use Control Board 

Reappointment 

James Toles 

Memphis & Shelby County New Arena Public Building Authority 

Reappointment 

Kevin Kane 




7/21; 8/4; 8/18; 9/1) 






up for T H I R D and F I N A L reading. (Held from 8/4; 8/18; 9/1) 




30. ORDINANCE amending Chapter 2, Article 1, Section 2-10 of the code of Ordinances 

so as to amend the membership requirements of the Board of Ethics of the City of 






(None)



31. RESOLUTION accepting grant funds in the amount of Fifty Thousand Dollars 

($50,000.00) from the State of Tennessee Department of Labor and Workforce 

Development Division for WIA Title One Rapid Response Joint Apprenticeship 

Program Funds. Resolution also amends the FY 2010 Operating Budget to establish and 


Collins 



32. RESOLUTION accepting grant funds in the amount of Twenty Five Thousand Dollars 

($25,000.00) from the State of Tennessee Department of Labor and Workforce 

Development Division for WIA Title One Disability Program Navigators Funds. 

Resolution also amends the FY 2010 Operating Budget to establish and appropriate grant 

funds. 

Collins 



33. RESOLUTION accepting grant funds in the amount of Twenty Three Thousand Nine 

Hundred Thirty Nine Dollars ($23,939.00) from the State of Tennessee Department of 

Labor and Workforce Development Division for WIA Title One Statewide Activities and 

Administrative Funds. Resolution also amends the FY 2010 Operating Budget to 

establish and appropriate grant funds. 

Collins 



34. RESOLUTION accepting grant funds in the amount of Two Thousand Five Hundred 

Dollars ($2,500.00) from the State of Tennessee Department of Labor and Workforce 

Development Division for WIA Title One Statewide Activities Administration Funds. 

Resolution also amends the FY 2010 Operating Budget to establish and appropriate grant 

funds. 

Collins 




(None) 


35. RESOLUTION appropriating $550,000.00 in G.O. Bonds from the Fiscal Year 2010 CIP 

Budget to purchase Fire Fighting Turnouts/Fire Protective Ensemble designated for the 

annual procurement of protective clothing for the Division of Fire Services. 

Hedgepeth 




36. RESOLUTION appropriating $1,507,428.00 in G.O. Bonds from the Fiscal Year 2010 

CIP Budget for Fire Station Repair, CIP Project Number FS02001. 

Hedgepeth 




Budget to purchase Defibrillator/Monitors for all advanced life support companies for 

the Division of Fire Services. 

Hedgepeth 




Budget to purchase Airmask System Units and Accessories for the Division of Fire 

Services. 

Hedgepeth 



39. RESOLUTION appropriating $155,000.00 in Furniture Fixture and Equipment for Fire 

Station Repair, CIP Project Number FS02001. 

Hedgepeth 




40. RESOLUTION appropriating $2,331,000.00 funded by G.O. Bonds General from 

Americans with Disabilities, CIP Project Number GS01010 for the compliance of City of 

Memphis facilities. 

Boyd 



41. RESOLUTION appropriating $480,000.00 in Contract Construction funded by G.O. 

Bonds General in GS01001, City Hall Improvements, for renovations and equipment 

upgrades to City Hall in order to provide a healthy and safe environment for employees 

and citizens. 

Boyd 



42. RESOLUTION appropriating $59,000.00 funded by G.O. Bonds General from City- 

Wide Energy Modifications, CIP Project GS01003 for the provision of energy saving 

improvements and modifications at City of Memphis facilities. 

Boyd 




43. RESOLUTION appropriating $3,291,000.00 funded by G.O. Bonds General from Major 

Modifications and Improvements, CIP Project Number GS01007 for the maintenance 

and enhancement of City of Memphis facilities. 

Boyd 



44. RESOLUTION accepting an offer to purchase City-owned property identified as Parcel 

Number 060-059-00010 in the amount of $450.00. All the property described in 

Chancery Court #9413-3, Exhibit 5644, Tax Sale 5, identified as Ward 060, Block 059, 

Parcel 010, in the Shelby County Assessor’s Office and shown in deed recorded as 4633, 

Page 146 in the Shelby County Register’s Office, also known as Lot 25, Dilatush and 

Crane Subdivision of the Denscomb Tract and located on the south side of Dunn Avenue 

between Interstate 240 and South Parkway in Memphis, Tennessee. Said vacant 

property, formerly known for address purposes as 1535 Dunn Avenue, is 50’x 190’ and 

contains 9,500 square feet, more or less. Resolution also authorizes the Mayor to 

execute the necessary documents in connection with the sale. 

Boyd 

Director of General Services recommends approval 



45. RESOLUTION approving the sale of unimproved property in the amount of $1,000.00 

located on the northwest corner of Midway Road and Hollywood Street and identified by 

the Shelby County Assessor’s Office as Ward 041, Block 063, Parcel 019, also known as 

Lot 23, Block 2, Belmont Park Subdivision. This Parcel formerly fronted Belmont 

Circle; a portion of the parcel was taken for Hollywood Street to be extended. The 

remainder of the property contains 3,702 square feet, more or less. 

Boyd 

Director of General Services and City Engineer recommends approval 





(None) 

LAW DIVISION 

(None) 

MLGW DIVISION 

PARK SERVICES 


46. RESOLUTION appropriating $310,600.00 for Police Academy Renovations, CIP 

Project Number PD01006. 

Hedgepeth


Council did include the Police Academy Renovations, CIP Project Number 

PD01006 as part of the FY 2009 Capital Improvement Budget. Bids were 

received on June 26, 2009 with the best complying bid from P.C. Mock 

Construction Company in the amount of $287,600.00, plus contingency amount 

of $23,000.00 for a total of $310,600.00. 




(None) 


47. RESOLUTION appropriating $1,297,777.00 funded by G.O. Bonds General (Storm 

Water) in Curb Gutter Miscellaneous Locations 2009, Project Number ST04044 for a 

construction contract with Barnes and Brower to replace curbs and gutters at various 

locations. 

Boyd 



GENERAL ITEMS (None) 


ADJOURNMENT


ADD-ONS 

48. ORDINANCE to amend Chapter 21, Code of Ordinances, City of Memphis, to modify Section 

21-80 (b) of the Traffic Control Photographic System Requirements, up for 

T H I R D and F I N A L reading. (Held from 8/18; 9/1) 




49. RESOLUTION appropriating $750,000.00 in matching grant funds to the Family Safety Center. 

Conrad 




Ordinance as amended, up for F I R S T reading. 




51. RESOLUTION establishing a Metropolitan Government Charter Commission, authorizing 

the Mayor to Appoint Members; Establishing a vetting process; Requesting the County 

Commission adopt a similar resolution; Amending the FY2010 Operating Budget; and 

appropriating funds. 

Flinn 




1. & 2 – Approved, as amended 

3. Held until October 6, 2009 



9. Public Hearing Set for October 6, 2009 


27. Approved, with the exception of Joseph N. Saino ( His appointment FAILED) 

28. Held until October 6, 2009 



ACTION TAKEN ON THE MINUTES OF SEPTEMBER 1, 2009 MEETING 

Approved 

ACTION TAKEN ON THE MINUTES OF ITEMS #12, 13, 14, 15, 16, 18 & 49, FROM 

TONIGHT’S MEETING 

Approved

CITY OF MEMPHIS - MemphisShelbyInform

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