Memphis City Council Regular Meeting - July 11, 2023

The Memphis City Council held its regular meeting on July 11, 2023, at 9:30 AM. The meeting included approval of minutes from June 27, 2023, a street naming ceremony, zoning and development items, a major MLGW tree trimming contract package, a referendum on deadly weapons, and other ordinances. Public comments were heard on multiple items.

Consent Calendar

• Item 1 (Special): Resolution to rename Linville Road between Quince Road and Park Avenue to Fred D. Grinder Road in honor of Fred D. Grinder’s 50-year work anniversary and contributions to Memphis. Approved by acclamation.
• Item 7: Resolution accepting public improvements for Overton Gateway North and releasing the bond. Approved.
• Items 8-16 (MLGW Fiscal Consent): A package of resolutions awarding contracts for tree trimming, equipment, and professional services. Approved after extensive discussion (see Discussion Items).
• Item 24: Resolution accepting a $102,639,945 grant from the Tennessee Department of Environment and Conservation (TDEC) for wastewater, drinking water, and groundwater projects. Approved.
• Same Night Minutes: Items 1, 7, 21, and 24 were approved for same-night effect.

Public Comments & Testimony

• On Item 2 (PD 23-09): April Bobo, co-CEO of Memphis Business Academy Charter Schools, opposed the expansion of a pawn shop at 3337 Overton Crossing Street, citing negative impacts on the neighborhood and the school’s efforts to revitalize the area.
• On MLGW Contracts (Items 8-16):
  • Glenda Hicks: Provided historical data on tree trimming contracts, noting that ABC Professional Tree Services has received over $33 million since 2013 while starting pay remains $13.60/hour. Requested a pause on contracts 12420, 12428, and 12429.
  • Andrew Woods: Stated that tree overgrowth caused 60% of outages in the last four weeks and asked for a pause to investigate further.
  • Elizabeth Deerson: Argued that the city wasted $237 million on tree trimming over seven years while falling seven years behind. Suggested undergrounding lines and solar energy instead.
• On Item 17 (Appointment of John R. Butler): Joe Kent opposed the appointment, criticizing Butler’s transparency record at the AgriCenter and MLGW President Doug McGowan’s leadership.
• On Item 22 (Animals Ordinance): Susie Hollenbach questioned the inclusion of “exigent circumstances” language, arguing it gives too much discretion to animal control officers.
• General Comments: Several citizens spoke on utility reliability, communication during outages, blight, and community safety. Speakers included Nicholas Nibley (IBEW local 474), Nate Rip, Pamela Moses, Karen Spencer McGee, Raysol Katron, Joe Kent, and Walter Brody.

Discussion Items

• MLGW Tree Trimming Contracts (Items 8-16): Council members debated the need for a five-year, $220 million tree trimming program to address a seven-year backlog. President Doug McGowan explained that vegetation management is the leading cause of outages (60% recently), and the contracts (awarded to ABC Professional Tree Services, Lewis Tree Service, and Kendall Vegetation Services) will allow MLGW to catch up to a three-year cutting cycle. Council members questioned starting pay, in-house alternatives, contract performance clauses, and the cost of undergrounding lines. The contracts were approved despite public concerns.
• Item 18 (Tire Business Regulation): Ordinance 5875, aimed at curbing blight from used tire retailers, passed on third reading as a substitute. Councilman Carlisle asked for advance notice of significant floor amendments.
• Item 20 (Deadly Weapons Referendum): Ordinance 5877, a referendum to amend the city charter to allow regulation of deadly weapons, passed unanimously. Council members stated it was an opportunity for citizens to voice their views on reasonable gun safety measures, even though state law may preempt enforcement.
• Item 21 (Pension and Retirement System): Ordinance 5873 was amended on the floor by Councilwoman Robinson (changes to eligibility for deferred retirement benefits) and passed.
• Item 22 (Animals and Horse-Drawn Carriages): Ordinance 5843 was amended to change language from “animal services officer shall have the authority to apprehend” to “the animal shall be apprehended,” allowing officers discretion to return dogs to owners when feasible. Passed.

Key Outcomes

• Street naming approved: Linville Road to Fred D. Grinder Road (by acclamation).
• Item 2 (PD 23-09): Held for 30 days until August 8, 2023, without objection.
• Item 3 (SUP 23-04): Approved with conditions (revocation if property maintenance code violated; gas station brand must be disclosed and any change approved by council). Vote: 11-0.
• Item 4 (SUP23-10 solar farm): Approved with added condition requiring best efforts to allow school educational programming, subject to liability indemnification. Vote: 11-0.
• Item 5 (PD 22-21): Held for two weeks until July 25, 2023, without objection.
• MLGW Fiscal Consent (Items 8-16): Approved. Vote: 11-0 (with Councilman Ford voting yes).
• Item 17 (Appointment of John R. Butler): Approved to MLGW Commission as non-voting countywide advisory member. Vote: 11-0.
• Item 18 (Tire ordinance): Passed as substitute on third reading. Vote: 11-0.
• Item 20 (Deadly weapons referendum): Passed on third reading; will appear on the ballot. Vote: 11-0.
• Item 21 (Pension amendments): Passed as amended, with same-night minutes approved to be retroactive to June 30, 2023. Vote: 11-0.
• Item 22 (Animals ordinance): Passed as amended. Vote: 11-0.
• General comments: No actions taken.