Memphis City Council Meeting Summary - March 7, 2023

The Memphis City Council held its regular meeting on March 7, 2023, beginning at 9:45 AM. The meeting covered a broad range of legislative items including police reform ordinances, funding allocations, development approvals, and public safety measures. Significant public comment and debate occurred on ordinances related to traffic stops, data transparency, and civilian oversight of police. The council passed several key reform measures, including a requirement for marked law enforcement vehicles during traffic stops (with exceptions for exigent circumstances), a data transparency ordinance, and a strengthened civilian review board reporting protocol.

Consent Calendar

• Minutes Approval: The minutes of the February 21st meeting were approved unanimously.
• Consent Agenda (Items 5, 6, 31, 36): Passed collectively. Item 31 (police reform ordinance) was included on the consent agenda despite public comment from Beth Hofberg urging caution.
• Fiscal Consent Agenda (Items 11, 12, 28, 29, 30): Approved unanimously, including $50,000 from the National Park Service for the Memphis Heritage Trail, $279,036.02 from the Mid-South Emergency Planning Coalition, and amendments to FY23 grant allocations.
• MLGW Fiscal Consent (Items 13, 14, 15): Approved unanimously, including a $9,891,100.65 purchase order for southern yellow pine poles.

Public Comments & Testimony

• Item 31 (Police Reform Ordinance): Beth Hofberg (717 S. Riverside Drive) expressed concern that Item 31 was designed to repeal other reform ordinances and emphasized the need for proper language on pretextual stops.
• Item 18 (Marked Vehicles for Traffic Stops): Nineteen comment cards were submitted. Supporters included community activists and residents who argued that unmarked cars increase fear and racial profiling. Opponents, including citizens and representatives of "Back the Blue 901," argued that the ordinance would hinder police ability to respond to dangerous situations. The council heard from both sides, with 15 minutes allocated per side.
• Item 19 (CLERB Reporting Protocol): Speakers included Yolanda Cooper (opposed to CLERB chair James Kirkwood), Anthony Thompson (supportive of reform), and others who shared personal experiences with police misconduct.
• Item 21 (Data Transparency): Twenty speakers, all in favor, called for public access to police data on traffic stops, use of force, and complaints. Speakers included Chelsea Glass, Amber Sherman, and Trinity Williams, who cited data on racial disparities and the need for accountability.
• General Public Comments: Residents raised issues including bed bugs at City View Towers, police interactions with mentally ill individuals, and real estate building materials.

Discussion Items

• Item 2 – Pure Academy Plan Development (PD 22-06): A resolution approving a development plan at 4815, 4825, 4847 Amy Road and 748 Wilson Road. The applicant, John Gallman of Pure Youth Athletics, introduced the proposal. Passed unanimously.
• Item 37 – Dream Hotel Special Use Permit (SUP 22-30): After being removed from the table, Councilman Colvet presented 14 agreed-upon conditions addressing transparency, loading docks, waste storage, and construction timelines. Both the applicant (Dederick Bridnham for Dream Hotel) and property owner (Nathan Bix for Bills Enterprises) expressed agreement. Passed unanimously.
• Item 3 – Rezoning at 4225 Getwell Road (Z 22-12): Rezoning 0.25 acres from R-8 to Employment District to clean up split zoning. Staff recommended approval. Passed unanimously.
• Item 4 – Zoning Text Amendment (ZTA 22-01cc): An ordinance to revise joint zoning and subdivision regulations. Amendments were made to remove townhouses by special use permit in RU-1 districts and to clarify private drive language. Passed unanimously.
• Item 18 – Marked Law Enforcement Vehicles Ordinance: Councilwoman Logan introduced a substitute ordinance defining "marked law enforcement vehicle" and allowing unmarked cars only in exigent circumstances. After debate, Vice Chairman Smiley offered a friendly amendment adding a definition of exigent circumstances. The administration (Chief Davis and Chief Legal Officer Jennifer Sink) indicated they could work within the language. The ordinance passed with one dissenting vote (Councilman Morgan).
• Item 19 – CLERB Reporting Protocol: The ordinance requires annual reporting of the disposition of CLERB recommendations, including subpoena power. Debate centered on potential state preemption (HB 591/SB 591). Councilman Warren and Councilman Carlisle urged tabling until the state legislature acts, but the council voted 7-4-1 to pass it (Canale abstained, Carlisle, Covet, Morgan, Warren voted no).
• Item 21 – Data Transparency Ordinance: Requires MPD to collect and regularly report data on traffic stops, arrests, use of force, and complaints. Councilman Morgan raised concerns about cost and implementation, but the ordinance passed unanimously after a motion to call the question.
• Item 26 – Parks Restoration Fund: Established a $500,000 fund to restore Tom Lee Park after the Memphis in May festival, with specific allocation rules for years one and two. Passed unanimously.
• Item 38 – Community Grant Program Amendment: A substitute resolution amending the FY24 grant program, setting application period May 15 – July 1, and requiring 75% allocation by July 15. Passed unanimously.
• Item 16 – Police Training Academy Annual Review: Requires annual independent review of training techniques. Passed unanimously after public comment.
• Item 32 – Data Dashboard Resolution: Requests the DA and courts to create a public data dashboard. Passed unanimously.
• Item 33 – ARPA Funds for Mental Health Breakfast: $2,500 for first responders to attend a mental health breakfast. Passed unanimously.
• Item 35 – 901 Block Squad Resolution: Requests MSCS to allow the 901 Block Squad to interact with students to prevent violence. Passed unanimously.
• Item 25 – Parks Team Fest 2023: $20,000 for supplies and services. Passed unanimously.
• Item 27 – Curb Ramp Construction: $978,452.50 for 450 curb ramps citywide. Passed unanimously.

Key Outcomes

• Item 18 (Marked Vehicles): PASSED with one dissenting vote (Morgan). Requires marked vehicles for traffic stops except in exigent circumstances, as defined.
• Item 19 (CLERB Reporting): PASSED (7-4-1). Requires annual reporting of CLERB recommendations and dispositions.
• Item 21 (Data Transparency): PASSED unanimously. Requires MPD to collect and report traffic stop, arrest, use-of-force, and complaint data.
• Item 2 (Pure Academy): PASSED.
• Item 37 (Dream Hotel): PASSED with 14 conditions.
• Item 4 (ZTA): PASSED with amendments.
• Item 26 (Parks Restoration Fund): PASSED.
• Item 38 (Grant Program): PASSED.
• Item 16 (Police Training Review): PASSED.
• Item 17 (Pretextual Stops Ordinance): Held for two weeks by Councilwoman Easter Thomas.
• Item 24 (Street Renaming): Held for two weeks.
• All other consent and fiscal items: PASSED.