Memphis City Council Regular Meeting - May 16, 2023

The Memphis City Council met on May 16, 2023, at 10:00 AM for a regular meeting. The meeting included presentations from the Memphis Youth City Council, recognition of Mental Health Awareness Month, several resolutions honoring community members, and legislative actions on zoning, animal control, towing, and city court clerk elections. Key outcomes included approval of the fiscal consent agenda, passage of an ordinance eliminating the elected city court clerk position, and the holding of an animal impoundment ordinance until July.

Consent Calendar

• Approval of minutes from the May 2, 2023 meeting (unanimous).
• Consent agenda items 8-13, 21, and 23: Included an ordinance amending council districts, a zoning reclassification, and various engineering plan approvals. A public comment was heard on item 9 (redistricting) from Jamin Carter, who commended the council for the pretextual stop ordinance but urged better listening to community voices. The consent agenda passed unanimously.
• Fiscal consent agenda items 14 and 22: Approved a resolution accepting $285,364 in grant funds from the Tennessee State Library and Archives, and a resolution allocating American Rescue Plan Act funds for community development projects. Passed unanimously.

Public Comments & Testimony

• Item 6 – Plan Development at 10 By Field Drive: Denise Richardson (1088 Forest Ave) opposed the project, citing detrimental impact on elderly neighbors and insufficient parking (16 spaces). Dr. Lynette Williams (Executive Director of Accelena Lakeview Gardens CDC) presented 28 signatures opposing the project and noted the community had twice opposed it. Bernita Thornton (Thornton Realty, project sponsor) stated she was from the community and had incorporated feedback (no alcohol, cigarettes, tobacco, late hours) and oriented the entrance away from residences. Despite her comments, the item failed.
• Item 9 – Redistricting Consent Item: Jamin Carter (Micah) thanked the council for the pretextual stop ordinance but expressed concern about community members being excluded from public space during that vote, calling it a matter of justice.
• Item 20 – Animal Impoundment Ordinance: Several speakers opposed changing "shall" to "may" in the ordinance governing stray dog pickup. Florine Madison, Susie Hollenbach, Gail Phillips, and Liana Morris all argued that changing the language would reduce accountability and endanger citizens, especially in underserved communities. Dr. Jennifer Carnes (veterinarian and chair of the Citizens Advisory Board for MAS) supported the change, stating it allows officers discretion for best outcomes.
• General Public Comments: Marvin Williamson described the murder of his twin brother who intervened in a domestic violence incident, calling for stronger action against crime. Robin Joyce complained about out-of-state investors neglecting properties in her neighborhood near Rhodes College. Joe Kent criticized the EDGE board for public disinvestment and excessive incentives. Walter Brody offered prayer and called for community action against violence.

Discussion Items

• Item 1 – Memphis Youth City Council Presentation: Students Sasha Penn, Antonio Calvin, and Robert Washington Jr. presented survey results on youth safety and advocated for prayer or a moment of silence in schools. Councilmembers praised their leadership.
• Item 2 – Mental Health Awareness Month Resolution: Councilwoman Logan read the resolution and noted 21,724 mental health calls were received by Memphis police and fire departments last year, with this year trending higher. The resolution recognized May as Mental Health Awareness Month and encouraged participation in a NAMI walk on May 20. Passed.
• Items 3-5 – Resolutions Honoring Citizens: Approved by acclamation: Andre D. Newsome (band director at Whitehaven High School), Reginald Tucker (Orange Mound Outreach Ministries), and Malvin Massey Jr. (jazz radio pioneer and WUMR general manager).
• Item 6 – Plan Development at 10 By Field Drive: A resolution for a small commercial development in an existing neighborhood. After community opposition and a vote of 4 yes, 6 no, 1 abstain, the item failed.
• Item 7 – Zoning Reclassification (0 Malone Road): Approved to change from conservation/agriculture to employment use district. Passed unanimously.
• Item 24 – Ordinance Eliminating Elected City Court Clerk: Extensive debate on legal history. City Attorney Wade explained that the 1975 ordinance establishing an elected clerk was not properly adopted as a charter amendment, making it a regular ordinance that can be amended. The council voted 12-1 (Councilwoman Johnson abstained) to transfer the traffic violations bureau to the Division of Finance and eliminate the elected office, effective January 1, 2024. Discussion included that a referendum could place the question on the 2024 ballot for voters to decide.
• Item 25 – Resolution on Residency Requirements: Chairman Jones proposed a resolution stating councilmembers must be residents for more than 30 days before election. After debate, a motion to table passed (8 yes, 5 no).
• Item 26 – Fleet Fund Transfer: Approved $3 million transfer from fleet fund balance to cover FY2023 expenses. Passed unanimously.
• Item 27 – Affordable Housing Dashboard Resolution: Requested the Division of Housing and Community Development create a dashboard tracking affordable housing units, funding, and eligibility. Passed unanimously.
• Item 15 – Appointments: Approved appointments to the Memphis Public Library Board and Memphis and Shelby County Sports Authority Board.
• Item 16 – Towing Ordinance Amendment: Allowed impounded vehicles to be stored on private storage lots. Councilwoman Johnson raised concerns about oversight. The ordinance passed as amended (with redline changes).
• Item 20 – Animal Impoundment Ordinance (Third Reading): Debate centered on changing "shall" to "may" for impoundment of stray dogs. After public comments and discussion, a motion to hold the item until the first meeting in July (after budget adoption) passed without objection.

Key Outcomes

• Approved minutes of May 2 meeting (unanimous).
• Consent agenda (including redistricting, zoning, and engineering plans) passed (unanimous).
• Fiscal consent agenda passed (unanimous).
• Mental Health Awareness Month resolution passed (unanimous).
• Resolutions honoring Newsome, Tucker, and Massey approved by acclamation.
• Plan development at 10 By Field Drive failed (4 yes, 6 no, 1 abstain).
• Zoning reclassification at 0 Malone Road approved (unanimous).
• Ordinance eliminating elected city court clerk passed first reading (12 yes, 1 abstain). Will have second and third readings.
• Resolution on residency requirements tabled (8 yes, 5 no to table).
• Fleet fund transfer approved (unanimous).
• Affordable housing dashboard resolution approved (unanimous).
• Appointments approved (unanimous).
• Towing ordinance amendment passed as amended (unanimous).
• Animal impoundment ordinance held to first meeting in July (unanimous consent).
• Same night minutes approved for items 11-14, 22, 26, 27.