Memphis City Council Regular Meeting - October 10, 2023

The Memphis City Council convened on October 10, 2023, at 9:45 AM for its regular meeting. The meeting included adoption of previous minutes, approval of resolutions commemorating Hispanic Heritage Month and Pro Bono Month, honorary street name changes, a contested height variance appeal for a senior living project, consent agendas, multiple appropriations, and public comments on various issues.

Consent Calendar

• Adoption of the September 26, 2023, meeting minutes (unanimous).
• Resolutions approved by acclamation:
  • Commemorating September 15–October 15 as Hispanic Heritage Month (sponsored by Councilwoman Easter Thomas).
  • Acknowledging pro bono legal work and declaring October as Pro Bono Month (sponsored by Councilwoman Easter Thomas).
  • Honorary street name change for Walter Cleveland Casey Sr. on Tillman Street between Mimosa and Yale (sponsored by Councilman Morgan).
  • Honorary street name change for Nat D. Williams on Mississippi Boulevard between East Georgia and E.H. Crump (sponsored by Councilwoman Johnson).
  • Honoring the 75th anniversary of WDIA radio station (sponsored by the full council).

Discussion Items

• Height Variance Appeal (Item 6 and Substitute): The council considered an appeal by Robert Gordon (Midtown Memphis.org) to overturn the Land Use Control Board’s approval of a special exception allowing four stories (75 feet) at 3440–48 S. McLean Boulevard for a senior living project. The original resolution to deny the appeal failed (unanimous no vote, upholding the LUCB decision). A substitute motion was introduced to allow the height variance. Councilman Warren successfully amended the height to 88 feet. The amendment passed with one no vote (Councilwoman Johnson). The substituted resolution as amended then passed unanimously (10-0). Speakers: Lillian Dykes (supporter, age 77, stressed need for senior housing) and Ellie Dooner (supporter, age 87) spoke in favor; Robert Gordon opposed, arguing the project conflicted with the Midtown Overlay and city plans.
• Consent Agenda Items (8-12): Approved (unanimous). Included first readings of ordinances on partisan elections, charter amendments, a police advisory and review committee, and a zoning reclassification for heavy industrial use on Cornell Street.
• Fiscal Consent Agenda (Item 13): Approved $5,805,282 grant from the State of Tennessee Office of Criminal Justice Programs for the FY2024 Violent Crime Intervention Fund Hotspot grant (unanimous).
• MLGW Fiscal Consent Agenda (Items 14-17): Approved change orders for various contracts totaling approximately $3,158,577 (unanimous).
• Item 33: Approved a $350 million state grant for sports facility improvements (unanimous).
• Item 18: Appointments of Cliff Henderson and Katie Schoss to the Health Education and Housing Facility Board approved (unanimous).
• Items 21-32: Approved various appropriations and fund transfers, including:
  • $400,000 for FY24 Urban Art Plan (CIP EN-4301, districts 4,5).
  • $150,000 for sidewalk improvements at North Lake Apartments (district 1).
  • $153,000 for EMA sirens.
  • $2 million for Coke Adaptive Reuse project (district 4).
  • $2 million for City Hall improvements (district 7).
  • $8 million for new Mount Moriah police station (district 4).
  • $1 million for in-car video systems.
  • $1.5 million for police academy renovation (district 7).
  • $8 million for Axon Enterprise solutions.
  • $92,692 for stormwater improvements at East Shelby Drive/Tulahoma Road (Oak Haven, Accelerate Memphis).
  • $143,432 for stormwater improvements on Valentine Avenue (Klondike, Accelerate Memphis).
  • $771,086 for stormwater improvements on Park Avenue (Orange Mound, Accelerate Memphis).

Public Comments & Testimony

• Kamiko Swain (5119 Breaker Drive): Complained about MLGW smart meters causing inflated bills, stating her daily bill is $30-$40 and she received a bill for days when power was out. Requested assistance and investigation.
• Pastor Ricky Varner (3335 Powell Avenue): Objected to street closures in Highland Heights for the Urban Art Plan, claiming emergency response times are compromised; cited six deaths that might have been prevented with better access. Presented approximately 130-150 signatures against closures.
• Matthew Houston (3330 Lampier, 3327 Henry): Criticized the Highland Heights project for lack of community input, street closures, and increased crime. Requested a slumlord registry and higher taxes on out-of-town landlords.
• Jose Romero (3377 Powell Avenue): Representing Hispanic homeowners near National Street, opposed street closures due to dangers for children walking to school and emergency access concerns. Presented 165 signatures.
• Marvus Rogers (3059 Victoria Park): Opposed rezoning for a truck parking business at 3887 Felt Station Road (Item 12, zoning case Z-23-11), citing increased crime and incompatibility with the Frayser neighborhood.
• Vera Harmon (3887 Felt Station Road): Also opposed the rezoning, fearing it would bring a truck stop with semi-truck parking, attracting predators and crime, and endangering children.
• Anora Brown (4589 Sunnybrook): Expressed strong opposition to the rezoning for heavy industrial use, arguing it could lead to a dump or other undesirable uses and contradicting Frayser’s revitalization.

Key Outcomes

• Approved: All resolutions on the consent calendar, fiscal consent agendas, and most individual items were approved by acclamation or unanimous vote.
• Height Variance Approved: The substitute resolution allowing 88 feet (up to 4-5 stories) for a senior living project at 3440-48 S. McLean Boulevard passed after amendment (10-0 on final vote).
• Public Comments Acknowledged: Council members noted concerns about MLGW billing and Highland Heights street closures, promising follow-up (e.g., contact information for MLGW assistance, referral to staff).
• Next Steps: The council will meet again on October 24, 2023; items 7 and 19 were held until that date.