Memphis City Council Regular Meeting – November 21, 2023

The Memphis City Council held its regular meeting on November 21, 2023, at 9:45 AM. The meeting included the approval of several planning and zoning items, a major ordinance establishing a smart city fiber access system, approval of funds for MATA and a behavioral health crisis center, selection of 2024 council leadership, and public comments regarding MLGW rate increases and a proposed mayoral salary increase.

Consent Calendar

• Approval of Minutes (November 7, 2023): The minutes were approved as amended to update the language of the tow ordinance (vehicle classes and weight classifications). Passed unanimously.
• Consent Agenda (Items 37–39, 8–11): Included ordinances for 2024 meeting dates, mayor salary, charter amendments, and zoning reclassification at Fuller Road; also final plat approval for Quick Trip and a supplemental agreement for a car wash. All items passed unanimously.
• Fiscal Consent Agenda (Items 12–14): Accepted grant funds from Best Friends Animal Society ($10,000), Shelby County BJA grant ($571,527), and allocated $3,250,000 in community grant funds. Approved unanimously after a brief public comment.
• MLGW Fiscal Consent Agenda (Items 15–25): Approved 11 change orders and contracts for software, engineering, chemical containment, well drilling, and groundwater programs. Passed unanimously.

Public Comments & Testimony

• Pamela Moses (on fiscal consent): Questioned the allocation of $571,527 in federal grant funds, asking for community input and a breakdown of how the money would be used. The council noted that requests for application details could be made via FOIA.
• Sharon Morning: Opposed a proposed salary increase for the mayor, stating it was a “slap in the face” to citizens given the mayor’s performance on crime and other issues.
• Dr. Ray Bauer (co-founder of MLGW Advocacy Group): Questioned where previous rate hike funds (1.2 billion dollars) had gone, given that outages have doubled. Called for transparency and an independent audit before any new rate increase.
• John Schomper: Echoed Dr. Bauer’s concerns, asking for an independent audit and guarantees that estimated billing issues would be resolved before rate increases.
• Joe Kent: Cited MLGW Commissioner Mitch Graves’ statement that the capital budget is never fully spent, and noted that CEO Doug McGowan had previously said tree trimming could be funded without a rate increase. Opposed the proposed 12% electric rate increase.
• Pamela Moses (second appearance): Criticized perceived disrespect toward women on the council, opposed the mayor’s raise, and called for changes in police leadership.
• Walter Brody: Offered a prayer and encouraged the incoming council and mayor to seek divine guidance.

Discussion Items

• Item 3 – Broad Avenue Planned Development (PD 23-24): A proposal for retail, restaurant, and coffee shop at 2977 Broad Avenue, replacing a previously rejected gas station. The Planning Division presented the revised plan (queuing moved from Sam Cooper to interior lot). Several council members expressed strong support, noting community patience had paid off. Approved unanimously.
• Item 4 – Overton Crossing Planned Development (PD 23-09): Expansion of an existing Cash America pawn shop at 3337 Overton Crossing Street. The Planning Division recommended rejection due to inconsistency with Memphis 3.0, but the Land Use Control Board recommended approval. Council attorney Alan Wade provided a legal opinion that the expansion required a planned development due to structural alterations. The applicant presented a petition of 2,601 signatures and noted that a nearby store was closing. After debate, the council approved the plan development with conditions (no guns/ammunition, hours limited to 10 a.m.–6 p.m. Mon–Fri, 10 a.m.–5 p.m. Sat, closed Sunday). Vote: 8 yes, 3 no, 2 abstentions.
• Item 5 – South Parkway East Special Use Permit (SUP 23-14): For a convenience store at 1560 South Parkway East. The council added conditions: outdoor lighting plan, hours 6 a.m.–10 p.m., and any change in ownership requires a major modification. Approved unanimously.
• Item 6 – Zoning Ordinance (RC23-01): Third reading to delete a section of the South Parkway East Residential Corridor Overlay. Passed unanimously.
• Item 26 – Smart City Fiber Access Systems Ordinance (Third Reading): Substitute ordinance presented by council attorney Wade. The ordinance creates a new classification for fiber providers, waives right-of-way fees in exchange for extending broadband to low-income areas, providing 6,000 fiber connection points and 100 free internet access locations to the city, and establishing a low-income access fund. Comcast attorney Robert Spence argued the ordinance is not competitively neutral and requested a two-week delay; the administration opposed delay. After debate, the council voted to pass the ordinance (all members present voted yes).
• Items 27 and 28: Held to the December 5, 2023 meeting.
• Item 36 – $20 million cash flow to MATA: Approved unanimously.
• Item 40 – $1 million to Alliance Healthcare Services for Behavioral Health Crisis Center: Approved unanimously.
• Item 30 – Port Security Grant ($526,580): Approved unanimously.
• Item 31 – FEMA Grant for Tennessee Task Force One ($158,004.77): Approved unanimously.
• Item 32 – Resolution to set public hearing for MLGW rate increase: Approved unanimously.
• Item 33 – Asset Purchase Agreement for 600 MHz FCC license ($27 million): Approved after public comment. Some council members questioned the investment, but the item passed.

Key Outcomes

• Approved: All consent agenda items, fiscal consent items, and MLGW consent items.
• Approved: Broad Avenue planned development (Item 3).
• Approved: Overton Crossing pawn shop expansion with conditions (Item 4).
• Approved: South Parkway East convenience store special use permit with conditions (Item 5).
• Approved: South Parkway East overlay deletion (Item 6).
• Approved: Smart city fiber ordinance (Item 26).
• Held: Items 27 and 28 to December 5, 2023.
• Approved: $20 million to MATA (Item 36).
• Approved: $1 million to Alliance Healthcare Services (Item 40).
• Approved: Port security grant, FEMA grant, and FCC license purchase.
• Elected: Councilman JB Smiley as 2024 council chair; Councilman Ford Canale as 2024 vice chair.
• Same Night Minutes: Granted for items 4, 10, 11, 12, 13, 14, 23, 33, 36, and 40.
• Public Hearing Scheduled: MLGW rate increase public hearing set for December 5, 2023.