CITY OF MEMPHIS COUNCIL AGENDA December 5, 2017 Public Session Tuesday, 3:30 p.m. Council Chambers, First Floor, City Hall 125 North Main Street

Transcription

1 CITY OF MEMPHIS COUNCIL AGENDA December 5, 2017 Public Session Tuesday, 3:30 p.m. Council Chambers, First Floor, City Hall 125 North Main Street Memphis, Tennessee CALL TO ORDER by the Sergeant-at-Arms INVOCATION Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council and do not necessarily represent the religious beliefs or views of the Council in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Council. Copies of the policy governing invocations and setting forth the procedure to have a volunteer deliver an invocation are available upon written request submitted to the Council Administrator of the Memphis City Council. PLEDGE OF ALLEGIANCE CALL OF ROLL by the Comptroller APPROVAL OF PREVIOUS MEETING MINUTES (November 21, 2017) ANNOUNCEMENT FOR APPEARANCE CARDS FOR PUBLIC SPEAKING ITEMS HELD OR DROPPED FROM THE AGENDA PRESENTATIONS AND RECOGNITION OF VISITORS (None) PUBLIC HEARINGS Chairman, Planning & Zoning Committee 1. RESOLUTION approving a planned development located on the east side of Thomas Street, +/- 260 feet north of Stage Road, and extending east to include property on the south side of Whitney Road for a distance of 922 feet along Whitney Road, containing acres in the Residential Single Family 6 (R-6) District. This resolution is sponsored by the Office of Planning and Development. (The Public Hearing for this case was set for today s date on 11/07/17). Case No. PD Applicant: Memphis Wrecking Company (Steve and Carol Williamson) Caissa Public Strategy (Eugene Bryan) Representative Request: Expand the existing Class III landfill operation into the adjoining 32 acre tract LUCB and OPD recommendation: REJECTION

2 67 NOTICES WERE MAILED ON NOVEMBER 22, 2017 Chairman, Planning & Zoning Committee 2. JOINT RESOLUTION of the City of Memphis and County of Shelby, Tennessee amending the Memphis and Shelby County Community Redevelopment Agency (CRA) Strategic Plan/CRA Workable Program. This resolution is sponsored by the Office of Planning and Development. (Held from 11/07; 11/21) Chairman, Planning & Zoning Committee 3. JOINT RESOLUTION of the City of Memphis and County of Shelby, Tennessee approving finding of conditions necessary for Community Redevelopment in an Uptown Expansion area and amendment to the Community Redevelopment Plan for the Uptown area, including Uptown Phase 2 and expansion of the Uptown Redevelopment area; updating maps, phasing and budget; and clarification of other provisions within the Community Redevelopment Plan for the Uptown area. This resolution is sponsored by the Office of Planning and Development. (Held from 11/07; 11/21) DIVISION OF PLANNING AND DEVELOPMENT Chairman, Planning & Zoning Committee 4. RESOLUTION approving a planned development located at 3800 Riverdale Road, containing +/ acres governed by Hickory Trace Commons Planned Development, PD This resolution is sponsored by the Office of Planning and Development. (Held from 11/07; 11/21) Case No. PD Applicant: Yaser Saleh The Bray Firm David Bray (Representative) Request: Outline Plan Amendment to allow Use Car Sales in a portion of Area B, designated as Area B-1 LUCB and OPD recommendation: REJECTION No Opposition at LUCB; No Public Hearing Required Chairman, Planning & Zoning Committee 5. RESOLUTION approving a street/alley closure located approximately feet south of E. Holmes Road, containing square feet in the Residential Urban-3 (RU-3) District. This resolution is sponsored by the Office of Planning and Development. Case No. SAC Applicant: Memphis Development Partners, LLC SR-Consulting (Cindy Reaves) Representative Request: To partially close an existing street LUCB and OPD recommendation: APPROVAL, with conditions No Opposition at LUCB; No Public Hearing Required ZONING ORDINANCES - THIRD AND FINAL READING Chairman, Planning & Zoning Committee 6. ORDINANCE amending the Memphis and Shelby County Unified Development Code, as adopted by the City of Memphis, August 10, 2010 and by Shelby County August 9, 2010, as amended, to revise and enhance the Joint Zoning and Subdivision Regulations as recommended by the Memphis and Shelby County Office of Planning & Development and the Land Use Control Board, located in the City of Memphis and unincorporated Shelby County.

3 This text amendment affects all property within the City of Memphis and unincorporated Shelby County, up for T H I R D and F I N A L reading. This ordinance is sponsored by the Office of Planning and Development. (Held from 11/7) Case No. ZTA Ordinance No Applicant: Memphis and Shelby County Office of Planning and Development Josh Whitehead, Planning Director Representative Request: Adopt amendments to the Memphis and Shelby County Unified Development Code LUCB and OPD recommendation: APPROVAL Chairman, Planning & Zoning Committee 7. ORDINANCE rezoning the Northwest corner of Kirby Whitten and Reese Roads, containing /- acres in the Residential Single Family -10 (R-10) District, up for T H I R D and F I N A L reading. This ordinance is sponsored by the Office of Planning and Development. Case No. Z Ordinance No Applicant: The heirs of John Crutchfield, Charles Carroll and Thomas Carroll Request: Re-zone to Commercial Mixed Use -2 (CMU-2) District LUCB and OPD recommendation: APPROVAL ACTION REQUESTED: Take whatever action Council deems advisable 51 NOTICES WERE MAILED ON NOVEMBER 22, 2017 CONSENT AGENDA GENERAL ORDINANCES - FIRST READING Jones Chairman, Economic Development & Tourism Committee 8. ORDINANCE amending ordinance number 4828, Chapter 4, Code of Ordinances, City of Memphis, so as to allow an exception for Open Containers on Main Street, up for F I R S T reading. Ordinance No is sponsored by Councilman Jones. ACTION REQUESTED: Adopt the ordinance on First reading Boyd Chairman, Executive Session 9. ORDINANCE amending the City Code of Ordinances by amending Volume 1, Part 1, Chapter 2, Article III, The Public Art Program for the City of Memphis, up for F I R S T reading. Ordinance No is sponsored by Chairman Boyd. ACTION REQUESTED: Adopt the ordinance on First reading Morgan Chairman, Public Safety & Homeland Security Committee 10. ORDINANCE to replace Chapter so as to clarify the distinction between Parades and Public Assemblies; Create the Category of Races; Rationalize Timelines and Appeals to the City Council; Increase Notice and Rights to Oppose; and Rationalize Fees, up for F I R S T reading. Ordinance No is sponsored by Councilman Hedgepeth. ACTION REQUESTED: Adopt the ordinance on First reading GENERAL ORDINANCE - SECOND READING Boyd Chairman, Executive Session 11. ORDINANCE amending the 2018 Council Meeting Dates for certain months from the First and Third Tuesday to the Second and Fourth Tuesday, up for S E C O N D reading. Ordinance No is sponsored by Chairman Boyd.

4 ACTION REQUESTED: Adopt the ordinance on Second reading ZONING ORDINANCE - FIRST READING (None) ZONING ORDINANCE - SECOND READING Chairman, Planning & Zoning Committee 12. ORDINANCE rezoning the westside of Tchulahoma Road, containing +/- 6 acres in the Residential Single Family-8 (R-8) District, up for S E C O N D reading. This ordinance is sponsored by the Office of Planning and Development. Case No. Z Ordinance No Applicant: Alan Mathis Request: Re-zone to Residential Urban-3 (RU-3) District LUCB and OPD recommendation: REJECTION ACTION REQUESTED: Adopt the ordinance on Second reading ENGINEERING 13. RESOLUTION accepting CLEABORN HOPE VI SUBDIVISION, SECTION 2 and authorizing release of bond. Case No. S (Contract No. CR-5188) Resolution accepts completion of the public improvements as shown on the final plat located on the east side of Lauderdale Street, south of Vance Avenue. The standard improvement contract was approved August 21, Resolution also authorizes the release of the performance bond in the amount of $2,724, City Engineer recommends approval NOTATIONS FROM OPD 14. NOTATIONS from the Land Use Control Board that the following cases were heard and recommendation made requesting a date of public hearing: A. Case No. PD RESUBDIVISION OF PART OF PARCEL 7 THE ESTATES SUBDIVISION Located on the north side of Tournament Drive, containing acres Appellant: Southwind Residential Properties Association, LLC Request: Overturn the decision of the Land Use Control Board on 11/09/17 approving a site plan for a proposed eleven-lot resubdivision LUCB and OPD recommendation: APPROVAL of the site plan, with conditions B. Case No. PD KIRBY GATE BUSINESS CAMPUS PD, 4 TH AMENDMENT Located on the north side of Kirby Gate Boulevard; +/-280 west of Kirby Parkway containing 2.03 acres in Area B of the Kirby Gate Business Campus Planned Development Office General Applicant: Clark, Greer, Latham & Assoc. Inc. Fisher & Arnold, Inc. (David Baker) Representative Request: Amend P.D. to increase the area included under Area C and increase the permitted building foot print to expand to 17,400 square feet LUCB and OPD recommendation: APPROVAL, with Conditions ACTION REQUESTED: Set a date of public hearing SUGGESTED DATE: December 19, 2017 MLGW FISCAL CONSENT 15. RESOLUTION approving Change No. 8 to Contract No , Emergency Storm Restoration, with Davis H. Elliot Construction Company, Incorporated for invoice payments, based on agreed upon rates, in the combined funded amount of $8,404, (This payment request is for emergency

5 restoration services performed on MLGW s electric system as a result of the following storms: 1) May 28, 2017, invoices totaling $7,862,326.54; 2) June 18, 2017, invoices totaling $397,077.30; and 3) June 23, 2017, invoices totaling $144,836.62, based on agreed upon rates.) (Held from 11/21) (Request for Same Night 16. RESOLUTION awarding Contract No , Emergency Storm Restoration, to Service Electric Company. The project scope is to provide all supervision, labor, tools, transportation and equipment necessary for MLGW emergency or natural disaster restoration of the electrical system in compliance with Federal Emergency Management Agency (FEMA) requirements. Restoration related work as assigned by MLGW will take place within the service area of Shelby County, Tennessee on an asneeded basis, contingent upon approval of the 2018 budget. The budgeted amount for Miscellaneous Emergency Construction is $10,657, as approved. (Held from 11/21) (Request for Same Night 17. RESOLUTION approving Change No. 7 for an invoice payment to Service Electric Company for Contract No , Emergency Storm Restoration Agreement, based on agreed upon rates, in the funded amount of $164, (This payment request is for emergency restoration work performed on MLGW s electric system as a result of the June 18, 2017 storm in the amount of $164, for Invoice No The contract term will remain through January 14, 2018.) (Held from 11/21) (Request for Same Night 18. RESOLUTION awarding Contract No , Emergency Storm Restoration, to Standard Electric Company. The project scope is to provide all supervision, labor, tools, transportation and equipment necessary for MLGW emergency or natural disaster restoration of the electrical system in compliance with Federal Emergency Management Agency (FEMA) requirements. Restoration related work as assigned by MLGW will take place within the service area of Shelby County, Tennessee on an asneeded basis, contingent upon approval of the 2018 budget. The budgeted amount for Miscellaneous Emergency Construction is $10,657, as approved. (Held from 11/21) (Request for Same Night 19. RESOLUTION awarding Contract No , Emergency Storm Restoration, to Henkels & McCoy, Inc. The project scope is to provide all supervision, labor, tools, transportation and equipment necessary for MLGW emergency or natural disaster restoration of the electrical system in compliance with Federal Emergency Management Agency (FEMA) requirements. Restoration related work as assigned by MLGW will take place within the service area of Shelby County, Tennessee on an asneeded basis, contingent upon approval of the 2018 budget. The budgeted amount for Miscellaneous Emergency Construction is $10,657, as approved. (Held from 11/21) (Request for Same Night 20. RESOLUTION awarding Contract No , Emergency Storm Restoration, to DeSoto County Electric. The project scope is to provide all supervision, labor, tools, transportation and equipment necessary for MLGW emergency or natural disaster restoration of the electrical system in compliance with Federal Emergency Management Agency (FEMA) requirements. Restoration related work as assigned by MLGW will take place within the service area of Shelby County, Tennessee on an asneeded basis, contingent upon approval of the 2018 budget. The budgeted amount for Miscellaneous Emergency Construction is $10,657, as approved. (Held from 11/21) (Request for Same Night 21. RESOLUTION awarding Contract No , Emergency Storm Restoration, to Davis H. Elliott Construction Company. The project scope is to provide all supervision, labor, tools, transportation and equipment necessary for MLGW emergency or natural disaster restoration of the electrical system in compliance with Federal Emergency Management Agency (FEMA) requirements. Restoration related work as assigned by MLGW will take place within the service area of Shelby County, Tennessee on an as-needed basis, contingent upon approval of the 2018 budget. The budgeted amount for Miscellaneous

6 Emergency Construction is $10,657, as approved. (Held from 11/21) (Request for Same Night 22. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to Ciber, Incorporated, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 23. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to CTD Staffing, LLC, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 24. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to VACO Memphis, LLC, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 25. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to Stragistics Technology, Incorporated, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 26. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to Nextech Solutions, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 27. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to Conch Technologies, in the funded amount of $1,488, ) (Held from 11/21) (Request for Same Night 28. RESOLUTION awarding Contract No , Professional IS (Information Services) Support Services, to Cook Systems International, Incorporated, in the funded amount of $1,488, (Held from 11/21) (Request for Same Night 29. RESOLUTION approving Change No. 5 to Contract No , Electronic Meter Reading System, with Itron, Incorporated, in the funded amount of $161, (This change is to ratify and renew the current contract for annual software and hardware maintenance, license and support services for meter reading equipment covering the period January 1, 2017 through December 31, 2018 in the funded amount of $117, In addition, this change is to ratify and renew the IEE (Commercial and Industrial) software maintenance support services for 2,000 meters for the period covering October 1, 2017 through September 30, 2018 in the funded amount of $43, for a combined funded amount of $161,564.90, with no increase from the previous renewal.) (Held from 11/21) (Request for Same Night 30. RESOLUTION awarding a purchase order to Thompson Machinery Commerce Corporation, for the purchase of a diesel powered crawler tractor with blade and winch, in the amount of $303, RESOLUTION awarding a purchase order to Pinnacle Networx, LLC, for Fujitsu CS800 virtual tape library upgrade, in the amount of $148, RESOLUTION approving Change No. 7 to Contract No , Laser Disk Document Storage, with Jack Henry and Associates, Incorporated, a division of Profitstars, in the funded amount of $21, (This change is to ratify and renew annual software maintenance, license and support services for Spoolview and Synergy covering the period July 1, 2017 through June 30, 2018, with no increase in rates from the previous renewal. MLGW is requesting approval of these acquired services, which can only be provided by Jack Henry and Associates, Incorporated.) 33. RESOLUTION approving Change No. 3 to Contract No , Software License and Services Agreement, with Hansen Technologies, in the funded amount of $47, (This change is to renew the current contract for annual maintenance, license and support services for the period covering January 1, 2018 through December 31, This renewal reflects a 1.72% increase from the previous year s fees due to the Consumer Pricing Index (CPI) in this industry. MLGW is requesting continuous maintenance of this software, which can only be provided by Hansen Technologies.)

7 34. RESOLUTION approving Change No. 8 to Contract No , Mobile Data, with ABB Enterprise Software, Incorporated (formerly Ventyx, Incorporated), in the funded amount of $196, (This change is to renew annual software maintenance, license, and support services for the Mobile Dispatching System, Mobile Mapping, and Street Level Routing through the Customer Information System (CIS), covering the period January 1, 2018 through December 31, 2018, which reflects a 1.73% increase from the previous year due to the Consumer Pricing Index (CPI) in this industry. MLGW is requesting continuous maintenance of the acquired system, which can only be performed by ABB Enterprise Software, Incorporated.) REGULAR AGENDA Spinosa Chairman, Personnel Committee 35. APPOINTMENT MEMPHIS PUBLIC LIBRARY AND INFORMATION CENTER BOARD OF TRUSTEES Reappointment David Williams GENERAL ORDINANCES THIRD AND FINAL READING Boyd Chairman, Executive Session 36. ORDINANCE relative to the immediate removal of the Forrest Equestrian Statue and the Jefferson Davis Statue and other similar property from City owned property, up for T H I R D and F I N A L reading. Ordinance No is sponsored by Memphis City Council Members Per Curiam. (Held from 11/21) Chairman, Planning & Zoning Committee 37. JOINT ORDINANCE of the City of Memphis and Shelby County, Tennessee enacted pursuant to the Community Redevelopment Act of 1998 and the Uniformity in Tax Increment Financing Act of 2012; providing for an amendment to the Uptown Redevelopment Trust Fund, up for T H I R D and F I N A L reading. Ordinance No is sponsored by the Office of Planning and Development. Chairman, Planning & Zoning Committee 38. JOINT ORDINANCE of the City of Memphis Shelby County, Tennessee enacted pursuant to the Community Redevelopment Act of 1998 and the Uniformity in Tax Increment Financing Act of 2012; providing for the creation of a Redevelopment Trust Fund; authorizing the proper officials of the City to do all things deemed necessary and advisable in connection with the creation of the Redevelopment Trust Fund; and providing an effective date, up for T H I R D and F I N A L reading. Ordinance No is sponsored by the Office of Planning and Development. Conrad Chairman, Government Affairs & Annexation Committee 39. 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, Constitution of the State of Tennessee Home Rule Amendment so as to repeal the procedure of Instant Runoff Voting and restore the prior procedure for election of Council Members to Single Member Districts, requesting the City Comptroller to submit this amendment to the voters at the November 6, 2018 General Election, up for T H I R D and F I N A L reading. Ordinance No is sponsored by Councilman Ford.

8 Boyd Chairman, Executive Session 40. ORDINANCE amending Chapter 2, Article II, Section 2-18 of the Code of Ordinances of the City of Memphis, relative to classification and Regulation of City Council Staff Positions, up for T H I R D and F I N A L reading. Ordinance No is sponsored by Memphis City Council Members. ENGINEERING DIVISION (None) EXECUTIVE DIVISION (None) FINANCE & ADMINISTRATION (None) DIVISION OF FIRE SERVICES (None) DIVISION OF GENERAL SERVICES (None) DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT Brown Chairman, Housing & Community Development Committee 41. RESOLUTION appropriating $6,538, funded by GO Bonds-General chargeable to the FY2018 Capital Improvement Budget for the South City Project. This resolution is sponsored by Housing and Community Development. DIVISION OF HUMAN RESOURCES (None) INFORMATION SERVICES Ford Chairman, Budget Committee 42. RESOLUTION appropriating $610, in General Obligation Bonds, for Project IS01080 chargeable to the FY 2018 Capital Improvement Budget, for Oracle Finance Upgrade. This resolution is sponsored by Information Services. LAW DIVISION (None) MLGW DIVISION (None) DIVISION OF PARKS AND NEIGHBORHOODS (None) DIVISION OF POLICE SERVICES (None) DIVISION OF PUBLIC SERVICES Fullilove Chairman, Public Services, Arts, Youth Initiatives, Libraries & Neighborhoods Committee 43. RESOLUTION approving the purchase of a new Security/Surveillance Camera System for the Memphis Animal Shelter, in the amount of $75, This resolution is sponsored by Memphis Animal Services. DIVISION OF PUBLIC WORKS Hedgepeth Chairman, Public Works, Transportation & General Services Committee 44. RESOLUTION to appropriate a sum of $1,000, for the ADA Facility Compliance project GS This resolution is sponsored by General Services. Hedgepeth Chairman, Public Works, Transportation & General Services Committee 45. RESOLUTION requesting the approval for the sale of City owned Park Parcels, located on Adams Avenue in Memphis, Shelby County, Tennessee and further described as Parcel ID#s and to Calvary Episcopal Church. This resolution is sponsored by General Services.

9 GENERAL ITEMS Jones Chairman, Economic Development & Tourism Committee 46. RESOLUTION approving a change to the Council Rules of Procedures regarding the Fiscal Consent Agenda. This resolution is sponsored by Councilman Jones. Jones Chairman, Economic Development & Tourism Committee 47. RESOLUTION amending Memphis City Council resolution regarding Interim Appropriation of Beale Street Buck proceeds and the Beale Street Security Fee proceeds retained by the City. This resolution is sponsored by Councilman Ford and Councilwoman Swearengen. (This item was pulled from the 11/07/17 minutes on 11/21/17) (Request for Same Night APPEARANCE CARDS FOR PUBLIC SPEAKING ADJOURNMENT