Gov901

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8:24

Speakers: Jana Swearengen Washington, Pearl Eva Walker

Opening meeting and explaining agenda. Item 24 delayed until October 20. Speaker starts the MLGW fiscal consent agenda. Details of MLGW fiscal consent agenda.

Jana Swearengen Washington

I would like to call our October 6, 2026 council meeting out of recess. Madame Controller, if you will please call the role.

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[clears throat]

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Council members Canali

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here.

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Carlile

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here.

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Cooper Sutton.

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Easter Thomas

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Ford

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Green

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Logan

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Spinosa

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Smiley

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Walker

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Warren

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White

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Chairwoman Swearington Washington

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present. Thank you madam

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chair. forum.

Jana Swearengen Washington

Thank you. Welcome to the October 6, 2026 recessed regular meeting of the Memphis City Council. Meeting agendas and public comment cards are available at the front of the room. If you would like to speak about an item on today's agenda, please complete a comment card and give it to the staff before that item comes for discussion. If you would like to speak about something that is not on the agenda, you may sign up for general comment at the end of the meeting. Only individuals who have completed and submitted a comment card will be allowed to speak. We ask everyone to remain respectful. Personal attacks, gossip, false or harmful statements about others. Profanity and abusive or offensive language will not be allowed. Anyone who does not follow these rules may receive a warning or be asked to leave. If someone refuses to leave or continues to disrupt the meeting, security may remove them. These rules are posted at the entrance of the council chamber and near the comment cards. We appreciate your cooperation in helping us maintain a respectful and

Jana Swearengen Washington

orderly meeting where everyone's voice can be heard. For our holes, item 24 will be held until the October 20th, 2026 meeting. We will now start with our MLGW fiscal consent agenda.

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Thank you, Madam Chair. On our MLGW fiscal consent agenda, we have item number nine, a resolution approving invoice payment for Tennessee Department of Transportation, T DOT, for the Lamar phase 2 closeout balance, Lamar Avenue from Shelby Drive from South Shelby Drive to near Reigns Road, Perkins Road interchange in the amount of 1,488,000. 978.78 to relocate MLGW electric distribution facilities. Item number 10 is a resolution approving the ratification increase and renewal to contract number 12346 MLGW utility relocations for street improvement project electric with Allen and Hoshell Inc. to ratify, increase, and renew the current contract in the funded amount of $250,000. Item number 11 is a resolution approving the increase and renewal to contract number 12435, external corrosion direct assessment with Integrity Solutions Field Services, Inc. to increase and renew the current contract in the funded amount of $228,000. Item number 12 is a resolution approving the increase and extension to contract number 12286 MLGW Utility Payment Centers with First

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Tech Incorporated to increase and extend the current contract in the funded amount of $261,531. Item number 13 is a resolution awarding a purchase order for class 5 and class 8 bucket trucks to Altech Industries Incorporated in the amount of 1,686,234. Item number 14 is a resolution approving the increase and extension to contract number 12266. We co-o electric meter testing application with Radian Research Inc. to increase the contract value and extend the current contract in the funded amount of $94,479.97. Item number 15 is a resolution awarding a purchase order for water meter parts to Badger Meter Incorporated in the amount of 616,6130. And our final item number 16 is a resolution awarding contract number 12720 external auditing services for electric gas and water divisions to Clifton Larson Allen LLP CLA in the funded amount of 1,87,500. There's a request for same night minutes for item number 16. Madam Chair, that concludes your MLGW fiscal consent items.

Jana Swearengen Washington

Thank you, Madam Controller. Councilwoman Walker, you're recognized.

Pearl Eva Walker

Thank you, Madam Chair. The committee met with a favorable recommendation and I so move.

Jana Swearengen Washington

All right. It has been moved by Councilwoman Walker.

14:30

Speakers: Chase Carlisle, Jana Swearengen Washington, Philip Spinosa

Chase Carlisle

Second.

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Thank you. I'll do that electronically for you, sir.

Jana Swearengen Washington

Second by Vice Chair Carile. Madam Controller, if you will please prepare the screen for the vote.

Jana Swearengen Washington

Council members, please cast your vote.

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Hear your votes for MLTW agenda. Canali, yes. Carile, yes. Cooper Sutton, yes. Please show council member Ford as voting yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman swearing in Washington. Yes.

Jana Swearengen Washington

That item passes. Madame Controller, if you will please call the planning and development items, items four through eight.

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Thank you. They should display momentarily on our display. Item number four is a resolution directing the zoning administrator to submit an application to replace the zoning map for the city of Memphis in its entirety. This resolution is sponsored by the Division of Planning and Development.

Jana Swearengen Washington

Councilman Spinosa, you're recognized at this time.

Philip Spinosa

Thank you, Madam Chair. Committee met recommends approval and I so move.

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Item four has been moved by Councilman Spinosa, second by Councilwoman Green. There are no council in the queue to speak. Madame controller, if you will please prepare the screen for the vote before we publish the vote. I just wanted to make sure that there was that attachment and I think this is for Mr. Ragdale. That attachment letter. Is that

• division-of-planning-and-development
• mlgw-fiscal-consent-agenda

16:32

Speakers: Jana Swearengen Washington, Philip Spinosa, Brett Ragsdale

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a part of the record? I just wanted to make sure that was a part of the record.

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Okay. Thank you.

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Canal. Yes. Cooper Sutton. Yes. Easter Thomas. Yes. Ford. Yes. Green. Yes. Logan. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman Swearington Washington. Yes.

Jana Swearengen Washington

That item passes. Madame Controller, if you will please call item number five.

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Item number five is It should display momentarily. Item number five is a resolution pursuant to chapter 9.6 of the Memphis and Shelby County Unified Development Code approving a special use permit at the subject property located at 1681 East Rains Road. This resolution is sponsored by the Division of Planning and Development. The case number is SUP25-37.

Jana Swearengen Washington

Councilman Spinosa, you're recognized.

Philip Spinosa

Thank you, Madam Chair. Um, this actually, just to refresh everybody's memory, because I'm sure it would have been fresher when we were here Tuesday, this was rejected on 9:15, then approved, then rejected, came back, and they presented on Tuesday, and it did receive approval in committee. So, I'm going to say committee met, recommends approval, and I've moved it. Thank you.

Jana Swearengen Washington

We may want to look at a presentation because it is a gas station.

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Madame Chair, it's my district and the applicant is present. Okay.

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And DPD is here as well. Ragdale, if you would like to.

Brett Ragsdale

Yes. Thank you, Madam Chair. Brett

• 1681-east-rains-road
• brett-ragsdale

18:33

Speakers: Brett Ragsdale, Jana Swearengen Washington, David Bray, Pearl Eva Walker

Brett Ragsdale

Ragdale with the Division of Planning Development. So, as Councilman Spinosa mentioned, it was presented at committee and acted on. Uh, however, the applicant would did want to have a chance to present their case. So, um, they are here as Councilwoman Walker said. so they can present theirs and if you want to hear anything from us, we're here to answer any questions.

Jana Swearengen Washington

All right, we're ready to hear from the applicant at this time.

David Bray

David Bray with the Bray Firm, 2950 Stage Plaza North, Bartlett 38134. Um, representative of the applicant and the applicant are are both here as well. Um, we have worked with um, Councilwoman Walker considerably. We have some changed elevations that I can pass up to you guys. shared these with Councilwoman Walker the other day, but um I'll pass these up if you guys want them at this time or I can keep them if you don't want them. I'm looking to you, Councilwoman Walker.

Pearl Eva Walker

I'm I'm sorry. I was kind of in another conversation. Could you repeat that, please?

David Bray

Um we've got the revised elevations with everything requested from from DPD to add the transparency on both frontages of this. We worked extensively with your office and with the neighborhood meetings to to make a difference on on this whole development. As some of the council members are aware, we pulled in the other property which is under the same ownership um to um address some issues with that and clean up the overall site. Um we've changed the building, we've changed the landscaping, we've eliminated the drive-thru. Um, am I missing anything else that we've done as we've talked to you on this?

Pearl Eva Walker

Will there be any food trucks on the property?

David Bray

Food trucks? No, ma'am.

Pearl Eva Walker

So, will you all still be selling food on the inside? Because members, um, one of the things that we eliminated was a drivethru because there was just going to be too much.

David Bray

The drive-thru is eliminated. That was

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• division-of-planning-and-development
• develop901
• david-bray
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People: Philip Spinosa

20:34

Speakers: David Bray, Jana Swearengen Washington, Chase Carlisle, Pearl Eva Walker

David Bray

too complicated with the site, but yeah, they they may still have food sales inside.

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Okay, you may continue.

David Bray

That's I'm happy to answer any questions the council has. And like I said, the the owner is here and the owner's representative is here.

Jana Swearengen Washington

Councilman Carlile, you're recognized at this time.

Chase Carlisle

Thank you. Yeah, M. Br. I think I think all I wanted to surmise was and I'm playing catch up with my colleague and I'm not saying it's a bad thing but there seems to be poly

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thank you proliferation

Chase Carlisle

easy for you trucks sitting around specifically in gas station convenience store neighborhoods or or locations rather and they they become semi-permanent right it's like a de facto kind of out parcel and honestly it's probably something that we need to address but I don't want to overregulate it because in most neighborhoods they are the going concern and they're necessary. So like we don't really need to step in I think. Yeah. But my point is is I don't want her to wake up one day and all of a sudden for 60 days or 70 days a food truck has been sitting right on the four parking spaces in the front left corner. You know what I'm saying?

David Bray

Well f first of all I don't know that we have any room for a food truck. But this is a special use permit. We would be happy to add that as a as a friendly amendment that they they don't they don't have food trucks.

Chase Carlisle

Yeah. Well no I got it. I'm saying again the neighborhood may say hey we're cool with that. I just I wanted to put it out there as an option to the to the member.

Pearl Eva Walker

Councilman Carile, I do appreciate that, but as um Attorney Bray said, I don't know if we have room for that. Can the applicant come up, sir? Need to give your name and address. My name is Matana Mana. I am leaving this address with 1681 East Rains, Memphis, Tennessee 38116.

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So, can you speak to whether you had any

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• bray-firm

22:35

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plans for food trucks on the parking lot or anything else, any other type of vendor on the parking lot? This one we try we've been there abaya 2013 and then now we tried to make a gas station with just gurus and snack no beer no tobacco inside just food and jazz and

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they're asking about food trucks in the parking lot are you going to

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no no food trucking

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okay thank you for that and m did Mr. Evans, did you want to have something to share?

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Did you have something to share today with us?

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This is the direct question.

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Okay. Well, you can tell them your role in this project. Introduce yourself and tell them your role in this project.

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My name is Dean Evans. My address is 2013 Denon Cove in Germantown. U not that anyone would care, but I was with Union Planners Bank for almost 30 years. I left that position to be an independent uh mortgage broker and help people with SBA guaranteed loans and I've been doing that for 20 years. This is the kind of clientele that I have worked with for many years. We feel that this particular lot, I'll tell a simple story. Uh first of all, Councilwoman Walker has been uh very uh thorough in her research and she was not supportive when we had initially met because of the pending moratoriums, but we met in a in May uh with our trucks on the parking lot. I grew up on a farm and I can remember having meetings out of a pickup truck. Well, this was a uh plans were laid out on the parking lot uh on the hood of our truck and we had a rendering of what the new building would look like. A rendering that has since been enhanced because the planning department wanted some additional glass frontage in

24:38

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property facing Mail Branch to comply with code. That recommendation was followed. But I pointed out to Councilwoman Walker that this is about a $3 million project. It sits across the street from a very uh large uh church in the community. As they've mentioned, they're not selling alcohol in this facility, which is I think a good thing for the community. But her response was, "This is a $3 million facility, and yes, it looks beautiful, but the facility in the adjacent lot, and you can see it, uh they same family also owns that, and it to quote Councilwoman Walker, she said, "This is awful." So we agreed there initially and and this will have to be followed up in appropriate legal documents that because they own both properties, they are enhancing the frontage on range of the adjacent property to comply with the frontage with the uh development of the property around Mill Branch and Rains Road which is obviously under a much more strict uh compliance for shrub recovery and and enhancement with lighting, things like that. So, the adjacent property will be improved to to match the new property. And um we're even prepared to put some money aside to ensure that in the future, at least for a few years, there'll be money set aside in a special account that Councilwoman Walker will have access to, which would uh make sure that they are maintaining the property in a appropriate way.

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Thank you so much, sir. We appreciate your your thorough response. Councilwoman Cooper Sutton, you are recognized at this time. And then we'll have Councilwoman White.

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Thank you, Madam Chair. I'm just curious. You said there may be food inside or may not be food inside

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because I know you have eliminated the truck, the food trucks. So, will you be

26:40

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serving food or will you not be serving food?

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Yes, they will have food inside, but no food trucks.

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Okay. Thank you. Thank you, Madam Chair.

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Thank you, Councilwoman White.

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For clarity, Councilwoman Cooper sudden there were there were never any food trucks part of the plan, but a lot of these establishments have food trucks. So, that's why we were asking about the food trucks, but they also had a drive-thru and that was just going to be too too much going on. So, that's why I was asking were they still going to do food in lie of the drive-thru no longer being there. Thank you.

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Thank you, Councilwoman. Councilwoman White, you're recognized.

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Thank Thank you. This, I guess, is for DPD. It says something like about a traffic study and um a uh trip generation report. Is that something that is required or you're [clears throat] over here? Thank you. Yes.

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Is that something that's required that we need before we do this or

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Brett Ragel with the Division of Plan Development. It would be up to the uh engineering once this goes through the approval process. If they see the need for they would probably get a trip generation report and then if that would tra trigger a traffic study then they would determine that at that time.

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Okay. And then what about the sealed storm water and drainage plan addressing the neighborhood um apartment property? Well, the neighboring apartment property.

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Yes. And again that's the same. It would go through engineering review and approval. If there are any changes that need to be made or any adjustments, then the engineering department would review that and make the specific requirements.

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Okay. And this would be, I guess, for you or the applicant. Is there isn't there a gas station right across the street from this gas station

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or somewhere like right there around near?

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Yes, there there is one um to the east of this. Yes, ma'am.

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About how far?

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Uh I believe it's on the opposite corner. So

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15 lit it's across the street. That's what I thought. Okay.

28:44

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I'm fine with with them. I just wanted to know. I know Councilwoman Walker said that she had done some research and those things. I guess Councilwoman Walker, I would like to hear kind of your logic as to where you land on this because right now I'm a no. So I would like to hear what you have to say.

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Councilwoman Walker, you're recognized.

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Thank you. Counciloman, Councilwoman White, I do understand and respect that. So, as I said in the other meeting, since I've been on the council in 24, there have been multiple establishments like this that have tried to come into my district, our district, and for the most part, I have not approved them. But this one, this property has been blighted for a while. They own the adjacent property next door and thanks to Mr. Evans, they're going to be able to do some upgrades to that to match the the renovations of this property. And I don't want to seem like I'm just always anti- business or anti- gas stations, but I thought this one was worthy of my support and I ask you all for your support today.

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Thank you, Councilw. Quickly, uh, Councilwoman Cooper Sutton, and then we're ready for the vote. Matter controller.

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Thank you, Chair. That gas station that's across the street, are there some apartments like over there in that area?

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Okay.

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Just up the [clears throat] street on Rains.

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All right. How What is the crime statistic over there in that area? Have we? because I think in that area with those apartments right there, we really need to think about um what we're doing. Uh and I know and I want to support you with this, but I know the service station, you know, we've been talking about that and and it's just been overwhelmingly too many. I know it's a blighted um

30:44

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property, but however, what plans does he have to eliminate and to make sure there's no crime in the area, especially, we know what happens at gas stations normally in our communities, and right now we have fared down with that, and we want to just make sure because they they start out beautifully and then they end up They don't upkeep the property.

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Um, absolutely. You are correct with that. So, one of the things we did discuss was the lighting. Can you you all want to elaborate on that?

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Yes. I'm with 1669 East Range next to it. Next that one we want to make a gas station. I've been there from 2010. I never have a problem with this my business. when I leave no people hanging outside. I don't like a crime outside in my business. Just we make it clean.

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Okay. Mr. Bur, you want to speak to the lighting?

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Yeah. Yes. Um we will have site lighting and that will be improved across both properties um so that um so that there's better visibility on both the front and the back of the buildings. And and specifically to the question, one of the things that's already been addressed is that we won't have alcohol sales, which which knocks down a lot of um the we'll say hanging around um element that that happens at these. Um if if I could get Director Ragsdale to put up the existing picture because I I I want to make the point that um it's it's not an attractive site today. This is an improvement.

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That's Berean Baptist Church across the street. Diagonally across is the White Haven Branch Library.

32:58

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All right, we understand. Thank you, Madam Controller, if you will please prepare the screen for the vote.

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Madam Chair, I'm sorry, really quick. Um, and Counciloman Walker, I know we talked about food trucks and we said that they didn't they weren't planning to, but if you wanted to make that a condition, we can easily make that a condition that food trucks would not be permitted on the subject property. Um, if that would be uh

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sure, thank you. That would be just fine. Thank you.

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I think that would just make everything safe.

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Thank you.

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We're ready, Madam Controller. Moved by Council Spinosa, second by Councilwoman Green. Canali, yes. Carile, yes. Cooper Sutton, no. Green, yes. Logan, yes. Minosa, yes. Walker, yes. Warren. Yes. White abstained. Chairwoman Swearing in Washington. Yes.

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That item passes. Madame Controller, if you will please call item number six. Thank you, members.

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Item number six is a resolution pursuant to chapter 9.6 of the Memphis and Shelby County Unified [clears throat] Development Code approving a special use permit at the subject property located at 2451 Summer Avenue. This resolution is sponsored by the Division of Planning and Development. The case number is SUP 26-14. Councilman Spinosa, you're recognized for item number six.

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Thank you, Madam Chair. Committee bet on September 15th. This got a favorable recommendation. There were amendments made and I believe if you don't mind, Director Ragdel, could you just reference those? But I'm going to move it. And again, it got a favorable recommendation. Madam controller is calling is showing item number five.

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Yeah, I'm seeing five on there.

35:00

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There it is.

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There you go.

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All right. It has been moved by Councilman Spinosa, second by Councilman Warren. We have Councilman Ford Canali and Councilwoman Logan in the queue.

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And director Ragdale, I think, wanted to to

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Yes. Thank you, Mr. Chairman. Uh so we do have a friendly amendment that the uh applicant has asked for that we uh would like to request be added. Uh condition number two is the hours of operation and currently it states the applicant shall have li shall limit the hours of operation to 8:00 a.m. to 6:00 p.m. And we would like to revise that to 7:30 a.m. to 7:30 p.m. Do you have a picture of it, a gate? What's going to hinder people from still hanging out after 7:30?

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Well, this would be the hours of operation of the business. So, this is a car wash and so it's open um all hours. They don't have gates. They're not It's not a gated parking lot. Uh but the hours that the business would be open.

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Okay. All right. Councilman Pork Canali, you're recognized.

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Thank you, Madam Chair. Uh I believe Councilwoman Logan and I would maybe like to see a little bit more on the presentation, but also I had a question for uh not for Mr. Box, but maybe is the owner here?

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Brian Boggas with representative I know you are Mr. Box. Is the is the owner here?

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No, sir. He could not make it today uh due to the delay in the meeting.

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Okay. Uh then I'll ask a clarifying question to you. But Mr. Bra, would you Okay, thank you.

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Are you want to see the new facility or Okay. So, this is the site plan for the new facility. Summer is to the top and North Hollywood is to the right. And these are elevations.

37:00

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I think they're that. Yes. So, this Thank you, sir. Uh, Mr. Bakus,

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uh, I've spoken with you about this project. I I support this project. I just want to hear from you representing the owner that there's been a lot of new car washes that have gone in across the city and they're great and shiny and new when they first open and then they just kind of don't do any regular maintenance and they start to go downhill. I just would like to hear from you that that you're the person that you're representing is going to stay on top of that standard maintenance and that the property is going to look continue to look good. maintenance will be done on his equipment and director Rexel I don't know if there's any stipulations in there for if those you know conditions aren't met if that we have any recourse but generally I'm supportive of the project I think it's a good project

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so if the conditions are not met then the SU can be revoked so that would be a an enforcement issue that we would monitor and if we get any uh you know questions about that that that the SUP could be revoked.

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Can the SU ever be revoked because of code violations?

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Yes.

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Okay. All right. That's all there. No more council and the queue to speak. So, madam controller, if you will please prepare the screen. Council, please cast your vote for item number six. Oh, wait, wait, wait. Before you do

39:02

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that, I had one comment card from Sander Snowden.

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Madam Chairman, Miss Mr. Colonel um Colonel Snowden is not present today as well.

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Okay.

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He was in he's in support of the application.

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Okay. Oh, so this person isn't here?

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No, ma'am. He's not here.

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Oh, okay. How did I get the card?

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It was from I think it was from Tuesday.

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All right. So, we're voting as amended. Item number six. Canali. Yes. Carell. Yes. Cooper Sutton. Yes. Easter Thomas. Yes. Green. Yes. Logan. Yes. Spinosa. Yes. Warren. Yes. White. Yes. Chairwoman Swington Washington. Yes. That item passes.

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Thank you, Madam Chairman.

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Thank you, Madame Controller. If you will please call item number seven.

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Item number seven is a resolution pursuant to chapter 9.6 six of the Memphis and Shelby County Unified Development Code approving a plan development at the subject property located at 2604 Coington Pike. This resolution is sponsored by the Division of Planning and Development. This was held from September 15th. The case number is PD26-05.

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Thank you, Madam Controller.

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My pleasure.

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Councilman Spinosa, you're recognized.

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Thank you, Madam Chair. Uh looking at my notes, uh I believe this received a favorable recommendation, but I also believe now I'm going to check with the DPD. We're going to hold this item

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without objection.

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That's correct. Yes.

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Yeah. Okay. So, we're going to hold this item without objection.

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All right. So, item seven will be held until the next

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Yeah, we'll hold it until the next uh

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next council meeting, October 20th.

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Okay.

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Yeah. Please note that that item will be held until October 20th. Madame Controller, if you will please call item number eight. Item number eight is a joint ordinance to amend the Memphis and Shelby County Unified Development Code adopted by the city of Memphis on August 10th, 2010 and by Shelby County on August 9th, 2010 to establish a procedure for replacing the zoning map. Up for third and final reading, this ordinance is sponsored by the Division of Planning and Development. It was held from September 1st. The case number is ZTA26-02. Our ordinance number is 5979.

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Councilman Sposza, you're recognized.

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Thank you, Madam Chair. Committee met. It was a busy committee meeting. Uh we had a favorable recommendation and uh Director Agale's here if anybody wants to hear him speak on this again. Thank you. Move it. And Madam Chair, I would just add uh what Councilwoman White asked about a letter that would be added to the record earlier that was on this item and that has just been passed out. So we want to make that part of the record. So

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is this the 301 plan that we're voting on?

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This is the uh zoning map update that that comes from the 3.0 plan. Yes. and this letter indicates so we've been working with residents and constituents on the process for when the map and zoning update comes forward. And so we've worked with them and satisfied all their concerns and that's what this letter indicates. And so we just want to make that part of the record so it's clear. Council Cooper Sutton, you're recognized.

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Point of information, just trying to find out exactly what number eight is.

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Yes. So, if I may, Madam Chair.

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Yes, you may.

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Yes. So, this is the zoning map update that we've been talking about that will come along with the zoning code update. And so, all this does is allows us to send public notice to all the residents of Memphis and Shelby County. So, that's what this uh ordinance does. It just allows us to send the public notice that we're doing the map update.

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Okay. So is

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it's to be crystal

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okay

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to be crystal clear what you're saying I think let me let me add the concern

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the concern is that members want to make sure without a shadow of doubt that they are not approving a 3.0 plan right now.

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Absolutely not.

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There you go. We're approving. All right. And so it's a companion piece is what it is. It's a really it's a notice piece.

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Yes.

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All right. You're just sending the notices out. Thank you.

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Yes. Thank you.

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Um, thank you, Madam Chair. Thank you, Vice Chair.

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The notices, are they changing the zoning?

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The notice does. It just notifies uh people that we are going to be proposing changes that we'll be bringing to this body.

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Okay.

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So, this does not change any of the map or code or anything.

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Okay. Councilwoman White, you're recognized.

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So, in this notice, and I think we talked about this before, but now I'm a little bit confused based on what you just said. So, in the notice, will they get something else notifying them? I understand you said starting the process, but will they get something else notifying them that it's their property is potentially going to be reszoned

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or give them a specific date? Or does this notice give them the specific date?

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It does. It gives them notice that we are proposing a new zoning map. It'll give them links to uh where they can go see that zoning map. It'll give them the date of the land use control board meeting and also information to contact

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us. So, it'll go our phone number and email address. He'll have all that information included on the notice.

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All right. Thank you.

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Was this the item that we were discussing that um to give constituents an opportunity to have an appeal process in case their zoning was changed?

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That's correct. Have we finalized that to include that verbiage?

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That's what the letter actually indicates. So, we worked with several constituents and one u uh Josh Whitehead, Derek Brennan, Robert Spence, and I think that you had received a letter from them. This is what this letter does is it it resolves those issues. And so, we we worked with them. We wanted to make that part of the record and we had agreed to to do that with them. So, yes, this resolves those concerns.

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Were you a part of this project as well? Yes, sir.

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Madam Chair, thank you. Um, I'm I'm on I'm here on behalf of Attorney Britain.

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Thank you.

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To make sure the letter was submitted as part of the record.

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Yes, it was.

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Thank you, Madam Chair.

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Did you have anything else that you need to add it?

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No, ma'am.

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Okay. Oh, I did add one more thing, Madam Chair. with the study that we talked about the other day. I don't necessarily need it now for this particular vote, but I would like to receive a copy of the study that was done or I think you said it. I forgot how you characterized it. Maybe not a study or something like that, but I did want to see how you all went about the process of the resignment of the maps.

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Yes. And we can share that with you.

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Thank you, Councilwoman Walker. You're recognized.

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Thank you, Madam Chair. Director Brett B Director Brett.

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Yes.

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Um the notices that you're going to be sending out with respect to this project, can you share a copy of them with us as this moves along?

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Yes. Yes. Yes.

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I yield the floor.

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Madame controller, if you will please prepare the screen for item number eight.

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Canali. Yes. Carile. Yes. Easter Thomas. Yes. Green. Yes. Logan. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Please show chairwoman Jamma Swearing Washington voting yes on this item. That item passes. Madam council,

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thank you. Madame controller, if you will please call the consent agenda items, items 32 and 33. Thank you very much. Item number 32 on our add-ons is an ordinance to adopt zoning amendments to the unified development code relative to data centers. Up for first reading. Ordinance number 5987 is sponsored by council members Warren, Canali, Spinosa, and Carlile. There was request to add this on to the consent agenda for first reading. Our second item on the consent agenda is item 33, an ordinance amending the Memphis and Shelby County Unified Development Code as adopted by the city of Memphis on August 10th, 2010 and as amended to establish a land use and sitting framework for data centers and other resource intensive uses within the city of Memphis. Up for first reading. Ordinance number 5988 is sponsored by council members Logan, Cooper, Sutton, Swingington, Washington, Easter, Thomas, Walker, and Warren. Madame, Madam Chair, it concludes your consent agenda items. Vice Chair Carl, you're recognized at this time.

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Thank you, Madam Chairman. The committee's met and moved these items down for the excuse me, for the council's approval, and I say move. It has been moved by Vice Chair Carile, second by Council, Councilwoman Green. I have Councilwoman Easter Thomas in the queue.

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Thank you, chair. Um, can I be removed

49:25

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as co-sponsor from item number 33?

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Okay. Madam Controller, if you will please note.

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Yes, as amended. We'll wait to update a copy.

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All right. Madam Controller, if you will please prepare the screen for the vote. Canali. Yes. Carile. Yes. Easter Thomas. Yes. Green. Yes, Logan. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman swearing in Washington. Yes.

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That item passes.

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Madam controller, if you will please call on our add-on agenda and same night minute items.

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Thank you. We'll start with item number 24. Item number 24 on our add-ons is a resolution calling for the removal of ICE and the National Guard as part of the Memphis Safe Task Force from the city of Memphis. All council dis pardon me that item is that item has been healed. Madame controller, if you will please start with item number 16 and then 25. I got 16 on my script.

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Okay, start with item number 25.

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Item number 25 is our next item. It's on our add-ons. It's a resolution to transfer and appropriate $150,000

51:27

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in FY2027 funding for the Safeways initiative from city finance grants and initiative to the Memphis Police Department for the continuation of the initiative related to crime prevention and suppression in apartment complexes. All council districts, this resolution is sponsored by the administration. There is a request for same night minutes for this item number 25. Councilman Canali, you're recognized at this time.

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Thank you, Madam Chair. The committee met recommended approval and I so move.

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It has been properly moved by Councilman Corali, second by Councilman Spinosa. There are no council to speak in the queue. Madame controller, if you will please prepare the screen for the vote. Canali. Yes. Cooper Sutton. Yes. Green. Yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. Please show council member White as voting yes on this item. Chairwoman Swearing Washington. Yes. That item passes. Please call item number 26.

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Item number 26 is a resolution to accept and appropriate 1,453,600 for the Memphis Police Department in service training for commission officers in the fiscal year 2027 operating budget all council districts. This resolution is sponsored by the administration. There is a request for same night minutes for this item number 26. Councilman Hali, you're recognized.

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Thank you, Madam Chair. The committee met recommended approval and I so move.

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It has been moved by Councilman Ford Canali, second by Councilman Spinosa. Madame Controller, if you will please

53:28

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prepare the screen. Nice talking to Canali. Yes. Cooper Sutton. Yes. Easter Thomas. Yes. Green. Yes. Logan. Yes. Smiley. Yes. Spinosa. Yes. Warren. Yes. White. Yes, that item passes. Madame controller, if you will please call item number 27. Item number 27 is an appointment to the board of ethics, Myrtle Winfield. There is a request for same night minutes. Councilwoman White, you're recognized for item number 27.

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Thank you, Madam Chairman. The committee met in recommended approval and I so move. It has been moved by Councilwoman White, second by Councilwoman Green for that appointment. Madame Controller, please prepare the screen. Council members, please cast your vote for item number 27. Canali, yes. Cooper Sutton, yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman swearing in Washington, yes. That item passes. Madame controller, if you will please call item number 28.

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Item number 28 is an appointment also board of ethics chair, retired judge Lois Lambert Ryan. There is a request

55:30

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for same night minutes. Councilwoman White, you're recognized for item number 28.

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The committee met and recommended approval and I so move.

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It's been moved by Councilwoman White, second by Councilman Spinosa. Madame Controller, please prepare the screen for item number 28. Canali, yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman Swearington Washington, yes.

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If that item passes, Madame Controller, please call item number 29. Item number 29 is a resolution amending the FY27 CIP budget by accepting additional federal grant funding from the Tennessee Department of Transportation and appropriating $129,2205 to initiate construction on the range sought sidewalk enhancement project. District 7, Super District 8. This resolution is sponsored by the administration. That contract number is EN01064 and there is a request for same night minutes. It's always exciting to accept grant funds. Councilman Smiley, you're recognized at this time.

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Thank you so much, Madam Chair. I do appreciate the acknowledgement. The committee met recommended approval and I move.

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It's been moved by Councilman Smiley, second by Councilwoman Easter Thomas. Madame Controller, if you will please prepare the screen for item number 29. Canali, yes. Cooper Sutton, yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman SW

57:32

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Washington, yes.

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That item passes. Madame controller, if you will please call item number 30.

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Item number 30 is a resolution approving nominal conveyance of 3628 Summer Avenue, parcel ID 0380650019 to Broad Avenue Community and Economic Development Corporation for Social Services Community Programming District 5, Super District 9. This resolution is sponsored by the administration and there is a request for same night minutes.

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Councilman Smiley, you're recognized.

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Committee may recommend approval. I move.

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It has been moved by Councilman Smiley, second by Councilman Warren. Madame Controller, please prepare the screen for the vote. Canali. Yes. Cooper Sutton, yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman, Washington, yes. That item passes. That takes us to our regular agenda items, starting with item number 17. Madame Controller, if you will please call item number 17.

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No, I did not. Item number 17 on our regular agenda with our general ordinances is an ordinance to amend chapter 25, pension and retirement system of the city of Memphis, Tennessee, up for third and final reading. Ordinance number 5983 is sponsored by the administration.

59:32

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Councilwoman White, you're recognized. The committee met and recommended approval and I so move.

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It has been moved by Councilwoman White, second by Councilman Spinosa. Nobody in the queue ask questions. Madame Controller, if you will please prepare the screen. Canali, yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. Chairwoman swearing in Washington, yes.

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That item passes. Madam Controller, if you will please call item number 18.

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Madame uh chair, I forgot to say Cooper sudden yes on that last item. Please note that everyone.

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Thank you.

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If you please call.

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Item number 18 is a joint ordinance amending the Memphis Shelby County Building Home Program up for third and final reading. Ordinance number 5984 is sponsored by the administration. Councilman Spinosa, you're recognized at this time.

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Thank you, Madam Chair. Committee recommends approval when I so move.

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It has been moved by Councilman Spinosa, second by Councilwoman Dr. Easter Thomas. Madame Controller, if you will please prepare the screen for the vote for item 18. Canali. Yes. Easter Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. And Chairwoman Sar Washington, yes.

1:01:35

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That item passes. Madame controller, if you will please call item number 22. Item number 22 is an ordinance to amend ordinance number 5856 that establish rules and regulations relating to the operation and regulation of shortterm rentals in Memphis by amending section 8 compliance to detail enforcement of short-term rentals reported as a public nuisance. Up for third and final reading. Ordinance number 5980 is sponsored by Council Miss Spinosa. It was held from September 15th.

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Yay. Council Miss Spinosa.

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You're recognized.

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Thank you, Madam Chair. Thank you, colleague. So, committee met recommended approval. And I did move it, but real quick, just to to to summarize.

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No, please don't hold it. To summarize uh the purpose of this, I just want to make sure we get this right. This amended Memphis's existing short-term rental ordinance, ordinance number 5856. It does provide clear rules for addressing short-term rentals. There's a new three violation standard. A short-term rentals continued operation could be prohibited, prohibited, and its permit revoked after three or more separate court confirmed violations of generally applicable state or local law that directly resulted from operation of the short-term rental once appeal rights are exhausted. Existing laws remain as the enforcement foundation. Not going to read all of that, but um it does create a clear nuisance enforcement pathway. So public nuisance cases may be brought in chancery circuit criminal or qualifying environmental court. Certain government attorneys may initiate proceedings and under the ordinance cited processes, 10 or more citizens can also bring a petition for a repeat nuisance involving someone already subject to an abatement or an injunction. A court may award 1,000 to $50,000 in damages to a qualifying nearby

1:03:36

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property owner. So that's a big deal. Who can claim property value damage? Uh the city can also seek enforcement cost. This is something that we fought for to the end. Uh and for the repeat nuisance circumstances, the city can also seek recovery of the cost uh that we incur when law enforcement is called over and over and over again to the same address. So, this has taken a very long time and we've all dealt with it and I'm very excited to be here today. So, thank you.

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Y madam contra Oh, Dr. Warren is in the queue.

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Madam Chair, I would like to be added as a co-sponsor of this and I think probably everybody up here would like to do that because we think this is great work and we want to be with you.

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Great work. Thank you so much, Madam Oh, Councilwoman Logan.

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Sorry, Chair. That's what I was going to say. I wanted to be a co-sponsor. Thank you. Great work.

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Can add everyone. All right, everybody's invited to the park.

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Madame Control, if you will please call, please prepare the screen for item number 23. Number 22 votes for number 22. Thank you.

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Canali, yes. Easter, Thomas, yes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman Washington, yes. That item passes. Madame controller, if you will please call item number 23. What's this? Item number 23 is and it should display

1:05:38

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momentarily on the board is a resolution seeking approval of a 7-year init initial lease term with an option to renew for one additional 7-year period between the city of Memphis and Bluff City Athletics doing business as Bluff City Pickle Ball LLC at 940 Early Maxwell Boulevard picking Memphis Tennessee 38 104, District 4, Super District 9. This resolution is sponsored by the administration. Council Councilman Warren, you're recognized.

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Thank you, Madam Chair. Committee met recommend approval. I so move.

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It's been moved by Councilman Warren. Can I get a second? This been second by Councilwoman White. We have Councilwoman Green in the queue for the vote.

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Thank Thank you, Chair. I just want to clarify for the public that's here. Um, Councilman Warren, can you reiterate to us when we're coming back about the roller derby and what the status of that is?

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Yes. Um, Councilwoman Green, uh, we ask the parks to come and give us reports at each of our meetings until this is resolved. But at this time, we don't have a location for the

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They're still working on a potential location. I think they've got some that they're dealing with. So, it's a constant uh I think they're actively doing it. I'll get the park commissioner director to come up and talk to us. Thank you. Yeah, I I I'll let the park commissioner uh I'll I'll let the park commissioner come up and speak, but um I am going to request chair since we don't have a resolution on the ruler that we hold this

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with no objection.

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Director Boulder,

1:07:41

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it should be on now. Director Boulder.

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Yes. Justice Bowling, 2599 Avery Avenue. Um, so we do, uh, so the Memphis Parks has provided a permit to roller derby for the Davis Community Center through 2027. Um, and we'll continue to work with them on Memphis Sports and Event Center as well as Davis Community Center moving forward.

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Yeah, I don't feel like that's super clear, especially with the people here. And so it seems like we need to have some more conversations with those who will be impacted. So again, I would reiterate, chair, I would like to hold this resolution uh till the next meeting.

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Second.

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Thank you.

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It has been voted for this item has been motioned for this item to be held.

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Well, I just have one quick question, Madam Chair, for director Balden.

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Is there anything that would be affected or impacted by us holding today? No,

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thank you.

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No, we we were simply seeking approval of the term.

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Back.

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Okay. So, without objection, we will hold it. It has been had a motion from Councilwoman Green, second by Councilman Smiley. So, that item will be held

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for two weeks. So, we'll be back for the October 20th meeting. That takes us to our same night minute items. Vice Chair Carile, if you would please read the same nightm minute items into record.

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Councilman for Canali.

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Thank you, Madam Chair. same night. Minute items are 2, 16, 25, 26, 27, 28, 29, and 30. And with that, I move it to the floor. Madam chair.

1:09:42

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All right. Thank you. Councilman for Canali has moved it. It has been second by Councilman Spinosa. Madame Controller, if you will please prepare the screen to vote for the same nightm minute items. [clears throat] Since that item was held, we didn't have comments on it. Okay. Council, please prepare the screen for the vote.

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Canali, yes. Easter Thomas, yes. For the same night minutes. Green, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman Swaring, Washington, yes. That item passes. That brings us to the end of our meeting. I will No, no, no, no. It's now time for our comment cards. We will begin with Richard Massie and then Paul Klene. Uh, good evening council.

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Good evening. Nearly 500 different communities between towns, cities, and counties have moved to pause data center development all across the United States, including several examples across the state of Tennessee between Hamilton County, Nashville, and Davidson County, Knox County, Ran County, Coffee County, Shelbyville, White County, Clinton, Anderson County, Cumberland County, Morgan County, Mcmminville, Cedar Hill, Grundy County, Washington County, Johnson City, and more. There's a few interesting things to note here. The majority of the municipalities that are on that list acted preemptively before the data centers were actually developed within their communities.

1:11:42

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We're acting from behind. Memphis has become not just an example but the example of the harm that unregulated hypers scale AI data centers can cause in vulnerable communities. Also, the overwhelming majority of those municipalities with the lone exception of Nashville are substantially smaller economies in Memphis. Yet they still opted to pause development so that they have time to convene with communities and experts and conduct impact studies to establish legitimate zoning regulations that can't be exploited. You want to talk about moving haphazardly facing the threat of continued data center expansion and construction without engaging community and experts in the development of regulations is the definition of moving haphazardly. There are a range of different issue areas that we have to cover from noise to water use, distancing standards, power sources and that takes months. It took months for Nashville to develop their zoning provisions, not 45 days. The best avenue to ensure that we have ample time is through a moratorum so we have so we can work those intricacies out and mitigate the harm from future unregulated development at the same time. It's what the community has pled has pleaded for time and time again and has asked for you to enact. The same incentives that brought these companies here between low taxes, land, and water are not going to disappear within 12 months. On the other side of that 12 months, we will we will have given our community reprieve from an unregulated exploitative business model and we will have created uh zoning provisions that reflect what this community has asked for that address at a host of issues that these developments present. Thank you.

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Thank you. We'll have Paul Klein and then Jasmine Houston. Hello y'all. My name is Paul Klein. I'm here tonight as both the vice chair of the Sierra Club's Chickasaw Group and co-chair of the Climate Reality Project's Memphis chapter. Both of these national organizations are advocating for moratoriums on data centers and the

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industrialcale fossil fuel projects being built to run these facilities. We are in agreement that a one-year moratorum on data centers, not just 90 days, is necessary to give local governments a chance to carefully research and consider legislation to put important guard rails on their development. So far, nearly onethird of the counties in Tennessee have already passed moratoriums or some type of zoning restrictions. Memphis does not have to reinvent the wheel. We can learn from them. A one-year pause is not going to cost us any economic opportunities. Instead, it will give us the time to ensure that new development will work for Memphis and not just corporations. As you have surely noticed, local opposition to data centers is increasing very quickly, driven by folks concerns about their rising electric bills, increased fossil fuel generation, air pollution, water use, noise pollution, and land use. Therefore, we implore you to pass a one-year moratorum because we the people through you, our elected officials, should be directing Memphis's future and not the Chamber of Commerce. Before you pass a 90-day moratorum, please consider the message you'd be sending to these people, the constituents of yours who were here by the hundreds on Tuesday. What would it signal? I think it would signal that you really don't care about the people because [clears throat] three months is not enough for the research and due diligence necessary to create something meaningful. In closing, I want you to remember what Dr. King said. Injustice anywhere is a threat to justice everywhere. Thank you.

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Thank you, Jasmine Houston. And then Mark Wilson. Um, hello everyone and thank you Uncle

1:15:44

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Paul for giving me more courage to do this. So, this is my second time speaking and I can honestly admit that I haven't been as engaged as I should be. But I can say that coming here um Tuesday making arrangements for a babysitter and then not even hearing at least one person from the audience kind of was a slap in the face of people who actually want to engage in community and understand what's going on better. And honestly, I wouldn't even I don't say I want I don't want to participate in this, but I would like to entrust that decisions could be made on my behalf because I had to come straight from work immediately here to just see what's going on because I'm not sure if people are um really hearing the voice of the people here. And for me, that's a a big problem to me because I've been here my whole life. And if you look around, it seems as if there's no real development here. like it's um nothing to do in Memphis, but it's so much money that flows through here, but it never comes to the people like the regular regular person like me. I'm not an activist. I'm not doing anything special. I'm just a person who's been in Memphis my whole life and I love my city. So when we're talking about these things like I understand we might not know the business side of everything and all the ins and outs of zoning EPA stuff like that's why we have professionals for this but I'm simply asking can we at least have a time to take a pause for something people are going without food people are really losing quality of life so we keep on putting profit over people and quantity quantity quantity but what about like quality and a year is not a lot of time we already see Christmas things out already. We already see all these things out and it's not even time for Christmas yet. We haven't even put on costumes. So, we can't keep on being about business over people every time. So, please just consider us and hear us. I know we could get to something and I don't want to make judgments about anybody because I don't know y'all, but please just like pause and see where we are right now. Thank you.

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Thank you. We'll have Mark Wilson and then Alexa Pouncy. Okay, Mark Wilson isn't here. Alexa Pouncy. Hi everyone. I'm Alexa. Um, I was also here on Tuesday to be with the people of Memphis to get you guys to understand that we're just we're asking for you guys to actually consider what we're saying, to actually consider the facts from the experts and not just from you guys, from actual paid experts, not your opinions. Um, so that's that's honestly what we're asking for. What I really dislike is that out of the 200 plus people that were here on Tuesday, a handful of them are not allowed to come to this meeting or the meeting on the 20th and they just all happen to be black as well. Um, so I really have a lot of problems with y how y'all are handling this situation and that's what I have to say. [snorts]

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Thank you so much. We'll have Carrie Kamini and Andrea Ball. Okay. Not here. Andrea Ball and Jessica Miller. Okay. Gloria Jones.

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Crystal Holland.

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Wait.

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Gloria Jones.

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No. Jessica.

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Jessica Miller. Yes, ma'am.

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Yes, ma'am. Good evening, city council.

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Good evening. [clears throat]

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My name is Jessica Miller. Just have a few things. I was here Tuesday. I've also been here since the day that the moratorum was introduced. I've been to every committee meeting and I've been to every council meeting. I am highly disappointed

1:19:46

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because there were comments made that the people that were here Tuesday were the loudest in the room. And I see a bunch of empty seats up here. And I just want to say as somebody who has been here for everything that we've gone through since the moratorum was introduced. I've not seen one person come up here and beg y'all to p to not pass this moratorum. Not one person. And that concerns me because we're not just the loudest in the room. We're the only people in the room begging y'all to do this. And it doesn't make sense to me. I'm so sick of hearing about AI deserts. You know what I do hear when people get up here? I hear about food deserts. I hear about opportunity deserts. I hear about public transportation deserts. But I have not not one time heard somebody mention an AI desert. But you know where there is an AI desert? At Mara Lago. I also want to reference something that was said um about because by the way I meant to introduce myself. My name is Jessica Miller. I'm a professional activist. Um and I shouldn't be shamed for coming to every meeting. I encourage the community to come. They're scared to come. People have to take off work, get babysitters to come. And I help them. I help them come and know what's going on because this process does not make sense to anybody. And I am super disappointed that they were made to feel shamed for coming on Tuesday. And they should not feel shamed for coming to voice an opinion. And really, in all actuality, their voices in those comment cards should have been heard before there was a hold voted on. And y'all know that. And if we're going to hold the public accountable, we need to hold everybody accountable. Thank you. Alexa Pouncy here. Sophia Mason.

1:21:50

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Hello. My name is Sophia Mason. Uh I am one of Councilman Spinosa's uh constituents and I've learned a lot from being around a lot of these people who come frequently to these meetings. Uh, it's been a long week already. I'm sure many of us will be glad to get out and enjoy our weekend soon. Perhaps even frequent some of the black businesses that you all awarded with awards a month ago. Um, so I wasn't quite sure what was bringing me to the meeting today. I knew I wanted to get here. Um, I couldn't imagine there could be anything new for me to say that I haven't already heard from so many of the professionals behind me. Uh, but I realized that I was deeply moved by the public comment that Maria translated for us last month regarding how so many Memphis families are being torn apart by the task force. I was also deeply moved by the connection that you councilwoman uh Cooper Sutton drew for us between their recent traumas and your own grandmother's uh trauma being forcefully separated from her siblings. Many of you were moved by this Memphian's comments uh and her pleas to remove ICE and the National Guard as part of the task force from the city of Memphis. her comments last month. All of the comments translated for us brought me to the meeting today. I know this resolution may only be words, but it will also be hope. [clears throat] You have the immense privilege of voting for a resolution that will give your constituents across the city because every single one of us is connected to another 200 plus people. You will give all of those people hope. I'm humbled by how much that would mean to me on October 20th.

1:23:54

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Uh, Councilman Spinosa, I would also like to continue. I'll save that for another time, but thank you.

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Thank you. We will now have Brandy Price and then Alexander Perkins.

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[clears throat]

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Hello, my name is Brandy Price at 30109. I have a question for Councilman Spanosa. Uh my question is, uh does any of those ordinances

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We don't address specific council members comment. It's it's about the uh the what's in the an ordinance with the ordinance that he introduced. I want to know I just want to ask does those ordinance includes anything about heat distribution? That's what my question is heat distribution and the monitoring of the data that's collected. The reason why I asked that this is probably one of the hottest summers of the year and all those data centers regardless if it's clean, quiet, loud or dirty still generates heat. You cannot escape uh the laws of thermodynamics. So I I just want to know does that include any of that any thing with how the heat distributed because in other data centers in Denmark other countries through meta and such they take and redistribute that heat to houses and homes and warming centers for the community and like that is something that constitutes a legislative reason for why this moratorum need to be put in place if y'all had not thought about it and you know and that's using the language of your lawyer uh Alan Wade saying that hey there's a legislative reasoning for the moratorum because y'all those things had not been included and that also I'm just a layman so that

1:25:54

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means that hey there's a whole city out here who not been has not been included in the conversation of these ordinances which means I'm pretty much going off the cuff. Uh uh is anyone here on the council a expert in thermodynamics uh chemical engineering, mechanical engineering or physics? If not, then y'all need to have the time to actually get those experts in place and we can have a meaningful conversation about uh data centers and that's going to take time. So vote yes on a moratorum. So that's my question. Can you answer the questions?

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Thank you so much for your insight. That was part of the meeting and discussion today to include make sure we're including experts. Councilosa, you're recognized.

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Yeah. So, thank you for allowing me to do this, Madam Chair. We will f we have a meeting and I don't have the agenda in front of me. Maybe Gia can tell me, but it's uh Thursday or Monday, October 19th. So, heat distribution and then what happens with the data? I'll specifically get you an answer because we're going to have people there that can answer that. have like expert to speak on that.

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We're going to bring in people and I will 100% answer that question.

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Did you ever prior to me saying this, do you ever I just want to ask I just want to ask did you think of think of that cuz like I think I'm just

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Thank you.

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No, we are not going to have that. The uh schedule will be posted and you will know all of that information. Thank you Alexander Perkins

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and thank you for asking the question. really

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Alexander and then Amber Sherman.

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My name is Alexander Perkins. Earlier today, Councilwoman Walker requested that the media publish more stories about renewable energy data centers. So, I'd like to start by mentioning how in 2019, Apple opened a data center in Denmark that runs entirely on wind. And in 2021, Meta opened a renewable Der

1:27:56

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Sander in Utah. Two months ago, Independence County, Arkansas, located about 100 miles from Memphis and lay partly at top the same Mississippi embainment that draws water from Memphis's aquafier, voted unanimously to enact a 5-year moratorium on data centers, specifically citing the strain on their local water supply. They were not deterred by concerns about legalities or becoming an AI desert. nor were the 29 jurisdictions in Tennessee that have enacted moratoria, 12 of which have lower annual median per capita income than Memphis City proper. Whether people see annual median income as a factor of how strong an economy is, any discussion of the potential economic benefits of data centers in Memphis deserves greater scrutiny. Last year, XAI Colossus 1 paid a combined 24.5 million in city and county property taxes. But per the Southern Environmental Law Center, the gas turbines of Colossus 2 are expected to cause more than $30 million per year in environmental damages. Not only is the environment more important than the economy in general, but here's a specific mathematical example of how potential harms could outweigh potential benefits. I agree with attorney Wade's ordinances about preferring wind over gas turbines. But given the number of nearby jurisdictions that that have enacted moratoria of lengths between 18 months and 5 years, I think that fears of Memphis missing out on permanent economic opportunities due to enacting a 12-month moratorum are overblown. Thank you.

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Thank you, Amber Sherman. And then Justin Pearson. My name is Amber Sherman. Um, I sat through the work session today and I wanted to clip some of the misinformation that I constantly heard folks pushing. So, one of the main things I heard is that people think that the moratorum will stop the current data centers. Folks don't think that. Because

1:29:57

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I'm an organizer in this community, we've been organizing for almost a year now, holding community meetings, doing the work that actually you should have been doing as a city council, canvasing the folks, phone banking, and letting them know what actually would happen with the moratorum. And that's why so many people showed up in support of it. They understand that it won't stop the data center that's currently here. They also don't think that it's a ban on data centers like Councilman uh Jeff Warren told Richard earlier. And I think it's really trifling to lie on me and say that I've been spreading misinformation telling folks that this is a ban on data centers. I've never said that. I have told folks over and over again that this is a pause that we're asking for aka a moratorum. I also noticed how y'all kept pushing zoning and needing to do this immediately and quickly but that really just you know ignores the community voice. The main thing we have asked for is that our community be heard that we are having community listening sessions and that's why we're in support of Councilman Smiley's moratorum because then it will require studies to be done and then also you would go into the community and hear from people and I think it's really important because this is my dual inhaler that I have to carry now and I don't have asthma but last year I had to get an inhaler because the air quality is so bad in Memphis and continues to get worseer and worseer after these data centers have come here and so There are studies that need to be done on the air quality, the traffic studies y'all mentioned in the work session, the water, and the use of that water because I shouldn't be using an inhaler. And it doesn't make sense that I of course I have insurance fortunately, so I can afford the inhaler, but there's so many elders in Westwood and South Memphis that can't that are at home and having extreme respiratory issues and cannot afford the medications they're telling them they have to have. This is a dual inhaler. It's like $800. That is an extremely expensive inhaler that I have to carry and it's due to the air quality. My doctor said that the air quality has gotten worse and worse over the last two years and that's why I have to carry it. So do the right thing and pass the mortorium.

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Thank you. Justin Pearson named Kashan Pearson.

1:32:12

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Um, Chairwoman, if I may ask a question. I was told that there was some paperwork that said I might be banned from council meetings. Do you know anything about that?

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Yes.

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Okay. I have not received that, but I did want to get some clarification because it said that in the letters I've seen that there were I was being disruptive or whoever gets the letter is being disruptive, but I was not being disruptive. So, I just want clarity there. I was just standing over there. Um, so I just want to see like who said that, what documentation they have. Some council members went live and you can see exactly what I was doing during that meeting. And so I think the blanket letters out to people is not a good idea. And I think we really need to make sure that if you were trying to penalize people that it'd be equitable, that it' be fair, that it' be rooted in facts. But I just want to talk about that.

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We do welcome comments and we want the community to have input, but we want to have a professional uh meeting without bull horns, without standing in chairs and hollering and screaming. want to be able to have a professional meeting.

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So, there was some correspondence that was sent out and I'm more than happy to talk with you after the meeting to follow.

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And this is just my last point on that and I do understand that this desire that folks have for decorum and things like that, but it can't come at the expense of a chilling effect on people's right to speak, right to have their first amendment. And particularly, and I've seen this at the state house, after the body goes into recess for people to be penalized after the fact is no longer a disruption of a public meeting because the public meeting had officially ended. But if charges or something like that were being brought, that would be different.

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And that's why we had to go into recess because it was so chaotic.

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I do understand what you're saying, but I'm just saying for me, even the comments that I made at the end, no one was up here because the meeting was completely over with. Thank you.

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Thank you. So to my uh comment for today, uh I again am concerned about uh

1:34:15

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the chilling effect that we are having on the public to be able to express and to speak about the concerns that they have in and to uh the people who uh are elected. As an elected official, our job, right, is to represent the people and we must never forget that we work for them. It is not the other way around. For 855 days since the announcement of Elon Musk being in our community, Westwood, Foxtown, White Haven now have been under siege by this billionaire seeking his profits over people. And the facts remain that our cancer risk is 4.1 times the national average that we have in F in air quality and [clears throat] the need.

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I've been courteous, but your time is up.

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Oh, I'm sorry. I was I thought our dialogue was was not included in that time. No, sir.

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Because that's what I was asking you at the beginning.

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Oh, no sir.

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Okay. Well, can I just finish those last two sentences? Sorry about that. I really thought we were having a dialogue ahead of that. Thank you so much. I appreciate it.

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A pause is a signal to the community that this body is going to be intentional about taking time to actually meet with the community that is being impacted. That's the job. That's what a pause does. It says you're not going to have people who don't live in the community who are not proximate making decisions about us without us. It's saying you will actually listen to the people. Thank you.

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Thank you Kashan Pearson and then Isaac. [laughter] All right. Keshan Pearson, 38109, executive director of Memphis Community Against Pollution. It has been two years, two years of community meetings, two years of writing letters, two years of the Southern Environmental Law Center

1:36:16

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presenting information to this body. Two years. It's been nearly three months since this legislation was first brought to you. Three. And to practice political dilution by bringing forward more legislation that is corrosive, that does not serve what the people have continued to ask for is ridiculous. What the community has continued demand has continued to demand from you all is a pause on data centers that prevents Elon Musk and XAI from continuing to build and establish more of a footprint in this city. That is not too much to ask. Where are your alliances? on October 20th, the expectation is that the folks who elected you will be who you align yourselves with. We've talked about the pollution. We talked about how much water is being used. Our our rates for electricity continue to skyrocket. What will you do? How will you answer? How will you meet this moment? So far, it has been a complete failure. and the people of the city of Memphis deserve better. Thank you.

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Thank you. Our last comment card is Mr. Isaac Freeman.

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Good evening.

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Good evening. [clears throat]

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I'm Isaac V. Freeman III and I am the former president of Tennessee Young Democrats. I took a break from working in politics for about three years because I wanted to decompress from everything that was going on. But when I learned that we had a data

1:38:17

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center entering into the city of Memphis, I had a little pause. And as the president of Tennessee Young Democrats uh during my term, [snorts] I always tried my best to advise political officials of what is it that they should do as they are leading and serving their community. And my advice is always to lead with an open mind and an open heart. But as a citizen here in Memphis, I am not seeing that currently. And so I am absolutely disturbed. Right. We have over 600,000 residents here in the city of Memphis. Many of those are suffering from ailments and new ailments because of the poor air quality here in Memphis. Why is that? That is because of the overarching poor legislation that we have not passed regarding air quality. We're having a discussion about data centers. But the overarching issue that we need to address is the air quality environmental justice that we have not addressed here in the city. We have people for decades, industries for decades that have been here affecting the air quality. So yes, let's pass the moratorum and then also let's look at policies that you all can pass [snorts] that will help the citizens with better air quality here. Thank you.

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Thank you. That concludes our meeting. I will entertain a motion to adjurnn.

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Been moved by Councilman Smiley, second by Councilwoman Walker. Thank you all

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for coming out. Have [clears throat] a great evening.