Memphis City Council Regular Meeting – December 5, 2023

The Memphis City Council convened on December 5, 2023, at 9:30 AM. The meeting included routine approvals, a lengthy debate on two election referendums, and a contentious vote on a three-year, 4% annual electric rate increase for Memphis Light, Gas and Water (MLGW). The council also recognized community leaders and approved several land-use and budgetary items.

Consent Calendar

• Minutes Approval: The November 21, 2023 meeting minutes were approved after a brief discussion about a website glitch that had posted incorrect documents. The council’s attorney clarified that public posting of minutes is not required.
• Recognition: Resolution honoring Lachelle Bond, MLGW Vice President and CIO, as one of the top 50 women leaders of Tennessee for 2023, passed by acclamation.
• Honorary Street Designation: Resolution to rename Monroe Avenue between Riverside Drive and South 2nd Street as “Attorney Ricky E. Wilkins Avenue” was approved by acclamation.
• Land-Use and Zoning Resolutions: Items 4, 5, 6, 7, and 8 – approving planned developments, alley closure, special use permit, and zoning reclassification – all passed unanimously.
• Consent Agenda (Items 9-17): Approved, including ordinance setting 2024 council meeting dates, zoning reclassification at 5516 Reigns Road (first reading), and engineering public improvement acceptances with same-night minutes.
• Fiscal Consent Agendas: Both the general fiscal (grant acceptance) and MLGW fiscal consent (20 items covering contracts, change orders, and purchases) passed unanimously.

Public Comments & Testimony

• Joe Kent (511 Flamingo): Raised concern that the minutes and add-on agenda were not properly posted from the last meeting, and reiterated opposition to the $27 million MLGW spectrum purchase, arguing it would not benefit ratepayers for 40 years.
• Pamela Moses (2383 Jackson): Criticized the council’s frequent use of “same night minutes” requests, stating it denies public adequate notice. She warned of seeking an injunction.
• Keishon Pearson (110 Starline): Representing Memphis Community Against Pollution, opposed the MLGW rate hike, citing lack of proof of past improvements and the need to address billing and infrastructure issues.
• Glenda Hicks (3090 Wood Thrush Drive): Retired MLGW billing specialist, stated the delayed bill fiasco has not been fully resolved and urged the council to address billing accuracy before approving rate increases.
• Richard Massey (3615 Central Avenue): Argued MLGW should leverage Inflation Reduction Act funding for clean energy rather than impose rate hikes, which disproportionately affect low-income Black Memphians.
• Dr. Ray Bauer: Requested a delay of the MLGW rate vote, claiming the budget was not available 10 days prior as required by Tennessee law (TCA 6-56-206).
• Joe Kent (second card): Reiterated that the budget was only released one day before the vote, calling any vote illegal.
• Kimberly Owens Pearson (1110 Starline): Asked for a delay, citing an elderly relative who struggles with bills.
• Yolanda Spinks: Urged the council to reject the rate increase, noting MLGW has unspent funds and that residential customers should not subsidize industry.
• Walter Brody (4256 Letbetter Cove): Offered a prayer and blessings for the council and community.

Discussion Items

• Partisan Elections Referendum (Item 35): Chairman Jones presented data showing large voter drop-off between general and runoff elections in single-member council districts (79-85% in 2015, 72-84% in 2019, 75-84% in 2023). He argued for a referendum to adopt partisan elections for mayor and council to eliminate runoffs. Council debated legal implications, including the need to seek federal court modification of a consent decree. The resolution failed 5-7.
• Majority Runoff for Mayor Referendum (Item 36): Vice Chairman Smiley introduced an amendment to allow plurality for council races and 50%+1 runoff for mayor, but later withdrew it. After procedural moves, the council voted on the original proposal—to place on the ballot whether the mayor’s race should require a runoff (with the runoff held on the third Thursday in November). Debate centered on voter apathy, fairness, and cost. The motion passed 7-5, sending the question to voters.
• MLGW Electric Rate Increase (Item 39): President Doug McGowan presented the need for a 4% annual increase from 2024–2026, totaling 12% over three years, to fund infrastructure improvements, tree trimming, and distribution automation. He noted MLGW had only one 4.7% rate increase in 38 years (since 1985) despite 286% inflation. The average residential bill would rise approximately $5 per year, reaching about $15 more per month after three years. Council members questioned reliability metrics, tree crew additions, billing issues, and specific projects in Orange Mound, Castalia Heights, and Sherwood Forest. Critics argued MLGW has not spent previous allocations and should delay. The rate increase was approved 9-4.
• MLGW 2024 Budget (Item 40): Following the rate vote, the budget was approved 10-2 (one absent) after brief public comment and a motion to hold was unsuccessful.

Key Outcomes

• Minutes Approved: November 21 meeting minutes were confirmed.
• Recognition Resolutions: Lachelle Bond and Attorney Ricky Wilkins honored.
• Planned Developments: Three planned developments (2000 Sycamore View, 7689 US Highway 64, 8851 Rocky Point) approved with conditions.
• Partisan Elections Referendum: Rejected.
• Mayor Runoff Referendum: Placed on ballot; voters will decide whether the mayor’s race requires a runoff (50%+1), with the runoff held on the third Thursday in November.
• Driver’s License Reinstatement Program (Item 44): $150,000 allocated to fund a program to help residents clear license suspensions, passed unanimously.
• MLGW Electric Rate Increase: Approved 9-4. Rates will increase by 4% in January 2024, 2025, and 2026.
• MLGW 2024 Budget: Approved 10-2.
• Same-Night Minutes: Granted for multiple items (15, 16, 17, 18, 19, 45, 47, 48).