Memphis City Council Regular Meeting – July 23, 2024

The Memphis City Council met on July 23, 2024, for its regular meeting. After opening with a prayer by Father Ben Bradshaw and approval of the July 9, 2024 minutes, the council adopted several proclamations, approved a third-reading rezoning on Dexter Lane and Cordova Road, withdrew a proposed MLGW charter amendment, and approved numerous grants, contracts, and consent items. The meeting included extensive public comment on zoning, MLGW, food and diaper assistance, police conduct, Memphis Animal Services, roads, and a park festival.

Consent Calendar

• Approved the July 9, 2024 meeting minutes unanimously.
• Approved the main consent agenda minus item 6: add-on item 25 (first-reading ordinance 5913, sponsored by Chairman Smiley, to amend and restate referendum ordinance 5862 regarding qualifications for mayor and city council members); item 5 (second-reading ordinance 5910, sponsored by Council Members Swearington Washington, Warren, Ford, Logan, and Spinoza); item 7 (second-reading ordinance 5912, sponsored by the administration); item 8 (second-reading ZTA 24-02, ordinance 5909, sponsored by the Division of Planning and Development); and item 9 (notations setting public hearing dates for August 20, 2024 for SUP 24-09, Outlet Road special use permit, and MJR 24-20, Union Avenue major modification).
• Approved fiscal consent item 10: a resolution accepting $1,440,000 in grant funds for in-service training of 1,800 commissioned officers.
• Approved the MLGW fiscal consent block, items 11 through 17, including: overhead storage tank painting contract 12480 to GNL Tank Sand Blasting and Coatings LLC for $2,344,410; change number two to contract 12240 for overhead water storage tank painting inspections with Mid-South Tank Consultants in a not-to-exceed amount of $511,300; change number two to contract 12518 for Trend Micro site bundle with Unistar Sparkle Computers Inc for $312,561; contract 12520 for SolarWinds enterprise hybrid cloud observability to Insight Public Sector Inc for $150,303.24; ratification of contract 12521 for Serena Business Manager maintenance to Visionary Integration Professionals LLC for $231,245.73; an annual salary of $171,000 for a candidate for director of safety; and contract 12484 for water filter system upgrades to Grinder Taber and Grinder Inc for $44,599,588.63. Councilman Warren disclosed the only person he has ever married works for Grinder Taber and Grinder, which he did not consider a conflict.
• Approved add-on item 22: a resolution amending the FY 2024 federal budget for the weatherization program LIHEAP 20-2006 grant in the amount of $1,213,267.67.
• Approved items 23 and 24: resolutions authorizing the issuance and sale of not to exceed $200 million principal amount of electric system revenue and revenue refunding bonds, series 2024.
• Approved same-night minutes for items 10, 16, 17, 22, 23, and 24.

Public Comments & Testimony

• Christine Fox and Diane McCullough opposed the Dexter Lane and Cordova Road rezoning (item 4). Fox said the item appeared pushed through with missing or incorrect documentation and complained the process was convoluted; she noted it was supposed to be held until August. Chairman Canale responded he held the item for two weeks and never said August, and no other hold request was made to him as chair of Planning and Zoning. McCullough, a nearby property owner, said she had spent countless hours researching the development and would continue to monitor it; she said a site meeting with DPD occurred, but she still doubted the drainage plan could work as shown.
• Joe Kent spoke on item 6, the proposed MLGW board expansion, urging the council not to rush it and to negotiate technical details, including an RFP for alternative power and concerns about excess cash on MLGW’s balance sheet. He said he could support board expansion if suburban partners demonstrated reciprocity, and he criticized a rental registry bill killed in the legislature.
• Reginald Alexander, director of government relations at Mid-South Food Bank, requested a council community grant for the food bank and its diaper bank. He said the food bank serves 31 counties, about 50% of distributed poundage goes to Shelby County, and the diaper bank is low on funds.
• Jasmine Jones, a diaper bank coordinator, said the Bare Needs Diaper Bank distributed 629,900 diapers in Memphis alone in the past year, roughly 53,000 per month, through about 50 partner agencies. She cited a 2023 National Diaper Bank Network report that 47% of American families struggle to afford diapers.
• Damon Curry Morris complained about Memphis Police Department incompetence and apathy, saying his house was robbed and destroyed, his car was totaled by two police cruisers, and he lost 95% use of his arm because of police negligence. He said he had spent six hours on the phone and received no resolution.
• Glenda Hicks, co-founder of Memphis or Bus, criticized the council over the MLGW board expansion and referenced a February 2022 incident in which over $773,000 went to someone other than Zeldner Construction. She said checks and balances should have prevented it. Chairman Canale said he first learned of the matter from a Daily Memphian article and agreed it was a problem.
• Joan Harp spoke about Memphis Animal Services, saying the new director has no animal experience, a healthy dog was killed the day after a large meeting, and several dogs died over the weekend because the director reportedly did not check email. She asked the council to bring MAS into a committee meeting and to use experienced volunteers.
• Steve McGall, from Hickory Hill, complained about road conditions, including driveway aprons on Shepherd Drive that force vehicles to enter at a 45-degree angle and a pothole on Kirby Parkway that caused him to be hospitalized for two days after a trike accident. He cited a 2020 complaint confirmation number 4605890. Chairman Canale said he would follow up.
• Robin Joyce, owner of a restaurant at 496 Tennessee Street, said the Smoke Slam Festival in May blocked all bluff access at Tom Lee Park, limiting foot traffic from Main Street and Front Street. She said her business lost about $3,500 over three days compared with previous years, and she questioned whether the park rental included the entire bluff. Chairman Canale said he would speak to her after the meeting.

Discussion Items

• Item 1: Resolution honoring Le Bonheur Children’s Hospital for its commitment to pediatric health care, sponsored by Councilwoman Cooper Sutton. The resolution noted Le Bonheur’s 290-bed flagship hospital, roughly 3,000 employees, more than 750 pediatric specialists in 40 areas, 13 years of continuous U.S. News and World Report recognition, Magnet nursing certification, Level One pediatric trauma center designation, teaching affiliation with the University of Tennessee Health Science Center, partnership with St. Jude Children’s Research Hospital, and 2024 care expansion. The council approved it by acclamation.
• Item 2: Resolution recognizing July 25, 2024 as World Drowning Prevention Day, sponsored by Councilwoman Logan. The resolution cited nearly 236,000 annual drowning deaths worldwide according to the World Health Organization and honored Antonio “TJ” Weston Jr. and Dior Thedford. A family member of Weston spoke, saying he drowned at the DoubleTree Hotel on January 29, 2022, and the family is partnering with the YMCA to provide swim lessons and water safety education in his honor. Approved by acclamation.
• Item 3: Resolution approving an honorary street name change designating Thomas Street from Fleming Avenue to Marble Avenue as Velma Lois Jones Street, sponsored by Councilwoman White. The resolution detailed Jones’s career as an educator, civil rights activist, first Black classroom teacher elected president of the Tennessee Education Association, first woman president of the Memphis NAACP, and longtime Alpha Kappa Alpha member. The city engineer was requested to affix signs. Approved by acclamation.
• Item 4: Zoning ordinance 5902 on third and final reading, sponsored by the Division of Planning and Development, to reclassify approximately 1,027.43 feet of land on the southeast corner of Dexter Lane and Cordova Road from Conservation Agriculture to Residential Single-Family. Discussion included Councilwoman Logan’s questions about drainage and detention requirements and Councilman Green’s question about traffic studies. Director Boleyn of Engineering said a citywide Cordova traffic study was commissioned and expected to be complete in October; initial reports included school-season counts, and specific development conditions could require further traffic studies. The ordinance passed; Councilmembers Cooper Sutton and Walker voted no, and Councilman Logan abstained. Walker requested to be recorded as no after the initial roll call.
• Item 6: Referendum ordinance 5911, sponsored by Councilman Warren, on second reading to amend the city charter regarding the composition of the MLGW Board of Commissioners. The item was pulled from the consent agenda. Several members expressed opposition or a desire for more negotiation, including Councilwoman Walker, who objected to the phrase “at least two” of seven voting members, and Councilwoman White, who noted there were already seven referendums on the ballot. Councilman Carlisle argued the city cannot legally transfer cash off MLGW’s balance sheet and predicted voters would reject the measure. Councilman Warren offered but did not pursue a friendly amendment to change the language to “only two,” then moved to withdraw the item and bring it back in six weeks. The item was withdrawn; the city attorney confirmed that if withdrawn, the ordinance must start over.
• Item 18: Ordinance 5908 on third and final reading, sponsored by Councilman Warren, to amend and restate referendum ordinance 5877 providing provisions for regulation of deadly weapons. The committee gave a favorable recommendation, and the ordinance passed.
• Item 19: Resolution approving a use agreement with Miracle League of Memphis to fundraise and project-manage construction of an accessible ball field at Toby Park. Passed.
• Items 20 and 21: Resolutions requesting additional construction funds for existing contracts to repair and rehabilitate damaged stormwater and sanitary sewer pipes using CIPP processes at various locations. Both passed.

Key Outcomes

• Minutes adopted; proclamations for Le Bonheur, World Drowning Prevention Day, and the Velma Lois Jones honorary street name approved.
• Zoning ordinance 5902 for Dexter Lane and Cordova Road passed on third reading; opponents’ concerns about drainage and traffic were heard but did not prevent approval.
• The MLGW board composition referendum ordinance was withdrawn without a vote and will have to start over if reintroduced.
• All fiscal consent, MLGW consent, contract awards, bond resolutions, and same-night minutes were approved.
• Public hearing dates of August 20, 2024 were set for SUP 24-09 and MJR 24-20.
• Follow-ups announced: Chairman Canale said he would speak with Robin Joyce and provide information to Steve McGall; Councilman Walker also said she would follow up with McGall.