2026-10-08 - Memphis City Council

00:17[music]

01:59>> Mhm.

05:49>> Mhm.

08:24>> I would like to call our October 6th,

08:272026

08:29Council meeting out of recess. Madam

08:32Controller, if you will please call the

08:34roll.

08:38>> [clears throat]

08:40>> Council members Canale

08:42Carlisle

08:44Cooper-Sutton

08:46Easter-Thomas

08:48Ford

08:49Green

08:51Logan

08:53Spinosa

08:54Smiley

08:56Walker

08:58Warren

08:59White

09:01Chairwoman Swearingen-Washington

09:03Present. Thank you, Madam Chair.

09:05Thank you.

09:07Welcome to the October 6th, 2026

09:11recessed regular meeting of the Memphis

09:14City Council. Meeting agendas and public

09:17comment cards are available at the front

09:18of the room.

09:20If you would like to speak about an item

09:23on today's agenda, please complete a

09:25comment card and give it to the staff

09:27before that item comes for discussion.

09:30If you would like to speak about

09:31something that is not on the agenda, you

09:33may sign up for general comment at the

09:36end of the meeting. Only individuals who

09:38have completed and submitted a comment

09:41card will be allowed to speak.

09:43We ask everyone

09:50to remain respectful. Personal attacks,

09:53gossip, false or harmful statements

09:55about others,

09:57profanity and abusive or offensive

09:59language will not be allowed.

10:01Anyone who does not follow these rules

10:03may receive a warning or be asked to

10:06leave.

10:07If someone refuses to leave or continues

10:09to disrupt the meeting, security may

10:12remove them.

10:14These rules are posted at the entrance

10:15of the council chamber and near the

10:18comment cards.

10:20We appreciate your cooperation in

10:22helping us maintain a respectful and

10:25orderly meeting where everyone's voice

10:28can be heard.

10:30For our whole's item 24

10:33will be held until the October 20th,

10:362026 meeting.

10:38We will now start with our MLGW fiscal

10:41consent agenda.

10:44Thank you, Madam Chair.

10:52On our MLGW fiscal consent agenda, we

10:54have item number nine, a resolution

10:57approving invoice payment for Tennessee

11:00Department of Transportation TDOT for

11:03the Lamar phase two closeout balance.

11:07Lamar Avenue from Shelby Drive from

11:10South Shelby Drive to near Raines Road,

11:12Perkins Road interchange in the amount

11:14of $1,488,978.78

11:21to relocate MLGW electric distribution

11:26facilities.

11:27Item number 10 is a resolution approving

11:31the ratification increase and renewal to

11:34contract number 12346

11:37MLGW utility relocations for street

11:40improvement project electric with Allen

11:43& Hoshall Inc. To ratify, increase, and

11:46renew the current contract in the funded

11:49amount of $250,000.

11:53Item number 11 is a resolution approving

11:56the increase and renewal to contract

11:59number 12

12:01435 external corrosion direct assessment

12:05with Integrity Solutions Field Services

12:08Inc. To increase and renew the current

12:10contract in the funded amount of

12:13$228,000.

12:16Item number 12 is a resolution approving

12:19the increase and extension to contract

12:22number 12286

12:25MLGW utility payment centers with First

12:29Tech Incorporated to

12:32increase and extend the current contract

12:35in the funded amount of $261,531.

12:41Item number 13 is a resolution awarding

12:44a purchase order for class 5 and class 8

12:48bucket trucks to Alltec Industries

12:51Incorporated in the amount of

12:53$1,686,234.

12:58Item number 14 is a resolution approving

13:02the increase and extension to contract

13:04number 12266

13:07WEC electric meter testing application

13:10with Radian Research Inc. To increase

13:13the contract value and extend the

13:15current contract in the funded amount of

13:17$94,479.97.

13:22Item number 15 is a resolution awarding

13:26a purchase order for water meter parts

13:29to Badger Meter Incorporated in the

13:32amount of $616,601.30.

13:38And our final item, number 16, is a

13:41resolution awarding contract number

13:4312720,

13:45external auditing services for electric,

13:48gas, and water divisions to Clifton

13:51Larson Allen LLP CLA in the funded

13:54amount of $1,087,500.

13:59There was a request for same-night

14:00minutes for item number 16. Madam Chair,

14:03that concludes your MLGW fiscal consent

14:06items.

14:07>> Thank you, Madam Controller.

14:08Councilwoman Walker, you're recognized.

14:11>> Thank you, Madam Chair. The committee

14:12met with a favorable recommendation, and

14:15I so move.

14:26>> All right, it has been moved by

14:27Councilwoman Walker.

14:30>> Second.

14:31>> Thank you, I'll do that electronically

14:32for you, sir. Seconded by Vice Chair

14:34Carlisle. Madam Controller, if you will

14:36please prepare the screen for the vote.

14:51Council members, please cast your vote.

14:54Here are your votes for MLGW agenda.

14:56Canale, yes. Carlisle, yes.

14:58Cooper-Sutton, yes. Please show

15:00Councilmember Ford as voting yes.

15:03Easter-Thomas, yes. Green, yes. Logan,

15:06yes. Smiley, yes. Espinosa, yes. Walker,

15:11yes. Warren, yes. White, yes. Chairwoman

15:14Swearingen-Washington, yes.

15:18That item passes. Madam Controller, if

15:20you will please call the planning and

15:22development items, items 4 through 8.

15:26Thank you.

15:27They should display momentarily on our

15:29display.

15:35Item number four is a resolution

15:37directing the zoning administrator

15:40to submit an application to replace the

15:42zoning map for the city of Memphis in

15:45its entirety. This resolution is

15:48sponsored by the division of planning

15:50and development.

15:56Councilman Espinosa, you're recognized

15:58at this time.

15:58>> Thank you, Madam Chair. Committee met,

16:00recommends approval, and I so move.

16:05>> Item four has been moved by Councilman

16:07Espinosa, second by Councilwoman Green.

16:09There no council in the queue to speak.

16:11Madam Controller, if you will please

16:13prepare the screen for the vote.

16:24>> Before we publish the vote, I just

16:26wanted to make sure that there was that

16:27attachment, and I think this is for Mr.

16:29Ragsdale,

16:30that attachment letter. Is that a part

16:32of the record? I just wanted to make

16:33sure that was a part of the record.

16:37Okay.

16:39Thank you.

16:50>> Canale, yes. Cooper, Sutton, yes.

16:53Easter-Thomas, yes. Ford, yes. Green,

16:55yes. Logan, yes. Espinosa, yes. Walker,

17:00yes. Warren, yes. White, yes. Chairwoman

17:04Swearingen-Washington, yes.

17:07>> That item passes. Madam Controller, if

17:09you will please call item number five.

17:17Item number five is it should display

17:19momentarily.

17:22Item number five is a resolution

17:24pursuant to chapter 9.6 of the Memphis

17:27and Shelby County Unified Development

17:29Code approving a special use permit at

17:33the subject property located at 1681

17:36East Raines Road. This resolution is

17:38sponsored by the division of planning

17:40and development. The case number is SUP

17:4325-37.

17:47Councilman Espinosa, you're recognized.

17:50>> Thank you, Madam Chair.

17:52This actually, just to refresh

17:54everybody's memory because I'm sure it

17:56would have been fresher when we were

17:58here Tuesday, this was rejected on 9/15.

18:03Then approved, then rejected, came back,

18:05and they presented on Tuesday, and it

18:08did receive approval in committee. So,

18:11I'm going to say committee met,

18:12recommends approval, and I've moved it.

18:15Thank you.

18:18>> We may want to look at a presentation

18:19cuz it is a gas station.

18:23>> Madam Chair, it's my district and the

18:25applicant is present.

18:26>> Okay.

18:28>> And DPD is here as well. Uh Ragdale, if

18:31you would like to

18:31>> Yes, thank you, Madam Chair. Brett

18:32Ragdale with the Division of Planning

18:34and Development. So, as Councilman

18:35Espinosa mentioned, it was presented at

18:37committee and acted on. Uh however, the

18:40applicant would did want to have a

18:42chance to present their case. So,

18:44um they are here as Councilwoman Walker

18:45said, so they can present theirs and if

18:47you want to hear anything from us, we're

18:49here to answer any questions.

18:50>> All right, we're ready to hear from the

18:51applicant at this time.

18:57>> David Bray with the Bray Firm, 2950

18:59Stage Plaza North, Bartlett,

19:0138134. Um

19:03representative of the applicant and the

19:04applicant are are both here as well. Um

19:07we have worked with um Councilwoman

19:09Walker considerably. We have some

19:11changed elevations that I can pass up to

19:14you guys. Shared these with Councilwoman

19:16Walker the other day but I'll pass these

19:18up if you guys want them at this time or

19:20I can keep them if you don't want them.

19:22I'm looking to you Councilwoman Walker.

19:24>> I'm sorry I was Yeah, yeah. Kind of in

19:26another conversation. Could you repeat

19:28that please?

19:29>> We've got the revised elevations with

19:31everything requested from from DPD to

19:34add the transparency on both frontages

19:36of this. We've worked extensively with

19:38your office and with the neighborhood

19:40meetings to to make a difference on

19:43this whole development as some of the

19:45council members are aware. We pulled in

19:47the other property which is under the

19:48same ownership

19:50to

19:52address some issues with that and clean

19:54up the overall site.

19:56We've changed the building. We've

19:59changed the landscaping. We've

20:00eliminated the drive-thru.

20:04Am I missing anything else that we've

20:05done as we've talked to you on this?

20:14>> Will there be any food trucks on the

20:16property?

20:17>> Food trucks, no ma'am.

20:20>> So will you all still be selling food on

20:22the inside cuz members one of the things

20:25that

20:26we eliminated was a drive-thru cuz that

20:30was just going to be too much

20:31>> The drive-thru is eliminated and it was

20:33never too compatible with the site but

20:35yeah, they they may still have food food

20:37sales inside.

20:39>> Okay, you may continue.

20:42>> That's

20:42I'm happy to answer any questions the

20:44council has and like I said the owner is

20:46here and the owner's representative is

20:48here.

20:48>> Councilman Carlisle, you're recognized

20:50at this time.

20:51>> Thank you. Yeah, Miss Brady I think I

20:52think all I wanted to surmise was and

20:55then I'm I'm playing catch up with my

20:56colleague.

20:59And I'm not saying it's a bad thing but

21:00there seems to be a

21:02proliferation.

21:04Thank you. Proliferation.

21:06>> Easy for you to say.

21:07>> sitting around specifically in gas

21:09station convenience store neighborhoods

21:11or locations rather and they they become

21:13semi-permanent, right? It's like a de

21:15facto kind of out parcel and honestly

21:17it's probably something that we need to

21:19address but I don't want to over

21:20regulate it because I

21:21in most neighborhoods they are the going

21:23concern and then in their necessary. So

21:24like we don't really need to step in I

21:26think. Yeah, but my point is is I don't

21:27want her to wake up one day and all of a

21:30sudden for 60 days or 70 days a food

21:32truck has been sitting right on the four

21:34parking spaces in the front left corner.

21:36You know what I'm saying?

21:36>> Well, fir- first of all, I don't know

21:38that we have any room for a food truck

21:40but this is a special use permits. We

21:42would be happy to add that as a as a

21:44friendly amendment that they they don't

21:45want they don't have food trucks.

21:47>> Yeah. Well, no I got it. I'm saying

21:49again the neighborhood may say hey we're

21:50cool with that. I just I wanted to put

21:51it out there as an option to the to the

21:53member.

21:55>> Councilman Carlisle, I do appreciate

21:58that but as um Attorney Bray said, I

22:00don't know if we have room for that. Can

22:02the applicant come up, sir?

22:14>> You need to give your name and address

22:16for the

22:18>> My name is Mutana Mutana and

22:21living

22:23this address was 16 81

22:26East Raines

22:27Memphis, Tennessee 38116.

22:32>> So, can you speak to whether you had any

22:35plans for food trucks on the parking lot

22:39or anything else any other type of

22:41vendor on the parking lot?

22:44>> This one we try we been there

22:47about 2013

22:49and then now we try to make a gas

22:52station with

22:54just grocery and snack no beer no

22:57tobacco inside just food and jazz and

23:02grocery.

23:03>> They're asking about food trucks in the

23:05parking lot. Are you going to allow

23:06>> No, no food trucks in this.

23:09>> Okay, thank you for that. And Mr. Did

23:13Mr. Evans Did you want to have something

23:15to share? Did you have something to

23:16share today with us?

23:20Okay, well you can tell them your role

23:22in this project. Introduce yourself and

23:24tell them your role in this project.

23:28>> My name's Dean Evans. My address is 2013

23:31Dalton Cove in Germantown.

23:34Not that anyone would care, but I was

23:36with Union Planters Bank for almost 30

23:38years. I left that position to be an

23:41independent uh

23:43mortgage broker and help people with SBA

23:46guaranteed loans. And I've been doing

23:48that for 20 years. This is the kind of

23:50clientele that I have worked with for

23:52many years. We feel that this particular

23:56lot

23:57I'll tell a simple story.

23:59Uh first, Councilwoman Walker has been

24:02uh very uh thorough in her research and

24:05she was not supportive when we initially

24:08met because of the pending moratoriums,

24:11but we met in a

24:14in May

24:15uh with our trucks on the parking lot. I

24:18grew up on a farm and I can remember

24:19having

24:20meetings out of a pickup truck. Well,

24:22this was a uh

24:24plans were laid out on the parking lot

24:26uh

24:27on the hood of our truck and we had a

24:29rendering of what the new building would

24:31look like. A rendering that has since

24:33been enhanced because the planning

24:35department wanted some additional uh

24:37glass frontage in property facing Mill

24:39Branch to comply with code.

24:42That recommendation was followed, but I

24:44pointed out to

24:46Councilwoman Walker that this is about a

24:48$3 million project. It sits across the

24:50street from a very large church in the

24:54community. As I've mentioned, they're

24:55not selling alcohol in this uh facility,

24:58which is uh I think a a good thing for

25:00the community.

25:01But, her response was, "This is a $3

25:04million facility, and yes, it looks

25:06beautiful." But, the facility and the

25:08adjacent lot, and you can see it, uh

25:11they same family also owns that, and it

25:14to quote Councilwoman Walker, she said,

25:17"This is awful."

25:19So,

25:20we agreed there initially, and and this

25:23will have to be followed up in in proper

25:25legal documents, that because they own

25:29both properties, they are enhancing the

25:32frontage on Raines of the adjacent

25:35property to comply with the

25:38frontage with the uh

25:40development of the property around Mill

25:42Branch and Raines Road, which is

25:43obviously under a much more strict uh

25:47compliance for shrubbery and and

25:48enhancement with lighting, things like

25:50that. So,

25:53the adjacent property will be improved

25:55to to match the new property, and um

25:59we're even prepared to put some money

26:01aside to ensure that in the future, at

26:04least for a few years, there'll be money

26:06set aside in a special account that

26:08Councilwoman Walker will have access to,

26:11which would uh make sure that they are

26:13maintaining the property in a in a

26:16appropriate manner.

26:16>> Thank you so much, sir. We appreciate

26:18your your thorough response.

26:21Councilwoman Cooper-Seddon, you are

26:22recognized at this time, and then we'll

26:24have Councilwoman White.

26:26>> Thank you, Madam Chair. I'm just

26:28curious, you said there may be food

26:31inside or may not be food inside.

26:35Cuz I know you have eliminated the

26:37truck, the food trucks. So, will you be

26:40serving food, or will you not be serving

26:42food?

26:43>> Yes, they will have food inside, but no

26:45food trucks.

26:46>> Okay. Thank you. Thank you, Madam Chair.

26:48>> Thank you. Councilwoman White.

26:49>> For clarity, Councilwoman Cooper-Seddon,

26:51there there there were never any food

26:54trucks

26:55part of the plan, but

26:57a lot of these establishments have food

27:00trucks, so that's why we were asking

27:02about the food trucks, but they also had

27:04a drive-thru. And that was just going to

27:06be too too much going on, so that's why

27:08I was asking were they still going to do

27:11food in lieu of the drive-thru no longer

27:13being there. Thank you.

27:15>> Thank you, Councilwoman. Councilwoman

27:16White, you're recognized.

27:18>> Thank Thank you. This, I guess, is for

27:21DPD.

27:23It says something like about a traffic

27:25study and um

27:27a uh trip generation report. Is that

27:31something that is required or uh you're

27:34[clears throat] only here Thank you. Is

27:35that something that's required that we

27:37need before we do this or

27:40>> Brett Ragsdale with the Division of

27:41Planning Development. It would be up to

27:42the uh engineering once this goes

27:44through the approval process. If they

27:46see the need for they would probably get

27:48a trip generation report or and then if

27:50that would try trigger a traffic study,

27:52then they would determine that at that

27:54time.

27:55>> Okay, and then what about the sealed

27:57stormwater and drainage plan addressing

27:59the neighborhood

28:01um apartment property with the

28:03neighboring apartment property?

28:04>> Yes, and again, that's the same. It

28:06would go through engineering review and

28:07approval. If there are any changes that

28:09need to be made or any adjustments, then

28:11the engineering department would review

28:13that and make the specific requirements.

28:15>> Okay, and this would be, I guess, for

28:18you or the applicant. Is there isn't

28:19there a gas station right across the

28:21street from this gas station?

28:24Or somewhere like right here in the land

28:25area?

28:26>> Yes, there there is one um to the east

28:28of this. Yes, ma'am.

28:30>> About how far?

28:31>> Uh I believe it's on the opposite

28:33corner, so 150 ft.

28:36>> it across the street? That's what I

28:37thought. Okay.

28:43I'm fine with them. I just wanted to

28:46know I know Councilwoman Walker said

28:47that she had done um

28:50research and those things. I guess

28:52Councilwoman Walker, I would like to

28:53hear kind of your logic as to where you

28:56land on this cuz right now I'm a no. So,

28:59I would like to hear what you have to

29:01say.

29:01>> Councilwoman Walker, you're recognized.

29:02>> Thank you, Councilwoman Councilwoman

29:05White. I do understand and respect that.

29:07So, as I said in the other

29:10meeting,

29:12since I've been on the council in 2004,

29:15there have been multiple establishments

29:18like this

29:19that have tried to come into my

29:22district, our district. And for the most

29:24part, I have not approved them.

29:27But, this one, this property has been

29:30blighted for a while. They own the

29:32adjacent property next door. And thanks

29:36to Mr. Evans, they're going to be able

29:38to do some upgrades to that to match the

29:42the renovations of this property. And

29:47I don't want to seem like I'm just

29:48always anti-business or anti-gas

29:51stations, but I thought this one was

29:53worthy of my support. And I ask you all

29:55for your support today.

29:58>> Thank you, Councilwoman Walker.

30:00>> Quickly, uh Councilwoman Cooper-Sedden,

30:02and then we're ready for the vote, Madam

30:04Controller.

30:05>> Thank you, Chair.

30:08That gas station that's across the

30:09street, are there some apartments like

30:11over there in that area?

30:15Okay.

30:15>> Just up the street [clears throat] on

30:16Raines.

30:17>> All right. How What is the crime

30:20statistic over there

30:22in that area? Have we cuz I think in

30:24that area with those apartments right

30:25there, we really need to think about um

30:28what we're doing.

30:31Uh and I know and I want to support you

30:33with this, but I know the service

30:35station,

30:36the you know, we've been talking about

30:38that. And And it's just been

30:40overwhelmingly too many. and I know it's

30:42a blighted um property,

30:46but however,

30:48what plans

30:51does

30:52he have to eliminate and to make sure

30:55there's no crime in the area?

30:58Especially, we know what happens at gas

31:01stations normally in our communities.

31:04And right now we have paired down with

31:06that, and we want to just make sure

31:07because they they start out beautifully,

31:10and then they end up they don't upkeep

31:12the property.

31:14>> Um absolutely, you are correct with

31:16that. So, one of the things we did

31:18discuss was the lighting. Can you you

31:21all want to elaborate on that?

31:24>> Yes, I'm with 1669 East Range next to

31:27it. Next to the one we want to make a

31:30gas station. I've been there from 2010.

31:34I never have a problem with this my

31:37business.

31:38They got

31:39When I leave, nobody will be hanging

31:41outside. I don't like a crime outside in

31:44my business.

31:46Just we make it clean.

31:48>> Okay, Mr. Berry, you want to speak to

31:50the lighting?

31:50>> Yeah, yes, we will have site lighting,

31:53and that will be improved across both

31:54properties.

31:56So, that

31:58so that there's better visibility on

32:00both the front and the back of the

32:01buildings. And and specifically to the

32:04question, one of the things that's

32:05already been addressed is that we won't

32:07have alcohol sales, which which knocks

32:09down a lot of the

32:12we'll say hanging around

32:14element that happens at these.

32:17Um

32:18if if I could get Director Ragsdale to

32:21put up the existing picture cuz I I

32:24I want to make the point that um

32:27it's

32:29it's not an attractive site today. This

32:31is an improvement.

32:36>> That's Berean Baptist Church across the

32:39street. Diagonally across is the

32:42Whitehaven Branch Library.

32:58All right, we understand. Thank you.

33:00Madam Controller, will you please

33:01prepare the screen for the vote?

33:03>> Madam Chair, I'm sorry, really quick. Uh

33:05and Councilwoman Walker, I know we

33:07talked about food trucks and we said

33:09that they didn't they weren't planning

33:10to, but if you wanted to make that a

33:11condition, we can easily make that a

33:13condition that food trucks would not be

33:15permitted on the subject property.

33:17Um if that would be

33:19uh amenable to you.

33:20>> you. That would be just fine. Thank you.

33:22>> that would just make everything safe.

33:24>> Thank you.

33:26We're ready, Madam Controller.

33:28Move by Councilwoman Espinosa, second by

33:31Councilwoman Green.

33:47>> Canale, yes. Carlisle, yes.

33:49Cooper-Sutton, no. Green, yes. Logan,

33:52yes. Espinosa, yes. Walker, yes. Warren,

33:57yes. White, abstained.

34:00Chairwoman Swearingen-Washington, yes.

34:03>> That item passes. Madam Controller, if

34:05you will please call item number six.

34:07>> Thank you, members.

34:10>> Item number six is a resolution pursuant

34:12to Chapter 9.6 of the Memphis and Shelby

34:15County Unified Development

34:16[clears throat] Code approving a special

34:19use permit at the subject property

34:21located at 2451

34:24Summer Avenue. This resolution is

34:26sponsored by the Division of Planning

34:29and Development. The case number is SUP

34:3226-14.

34:36Councilman Espinosa, you're recognized

34:38for item number six.

34:39>> Thank you, Madam Chair. Committee met on

34:41September 15th. This got a favorable

34:43recommendation. There were amendments

34:45made and I believe, if you don't mind,

34:47Director Ragsdale, could you just

34:48reference those, but I'm going to move

34:50it and again, it got a favorable

34:51recommendation.

34:52>> Madam Controller is calling is showing

34:54item number five.

34:56>> five on there.

34:59There it is. That's item number

35:01>> All right.

35:03It has been moved by Councilman

35:04Espinosa, seconded by Councilman Warren.

35:07We have Councilman Ford Canale and

35:09Councilwoman Logan in the queue.

35:11>> And Director Ragsdale, I think wanted to

35:13to

35:14>> Yes, thank you, Mr. Chairman. So, we do

35:16have a friendly amendment that the

35:18applicant has asked for that we would

35:20like to request be added. Condition

35:24number two is the hours of operation and

35:25currently it states the applicant shall

35:27have shall limit the hours of operation

35:30to 8:00 a.m. to 6:00 p.m. and we would

35:33like to revise that to 7:30 a.m. to 7:30

35:36p.m.

35:47>> Do you have a picture of it?

35:49A gate was going to hinder people from

35:51still hanging out after 7:30.

35:55>> Well, this would be the hours of

35:57operation of the business. So, this is a

35:58car wash and so, it's open

36:02all hours. They don't have gates.

36:04They're not It's not a gated parking

36:06lot,

36:07but it's the hours that the business

36:09would be open.

36:09>> Okay.

36:11All right.

36:12Councilman Ford Canale, you're

36:13recognized.

36:15>> Thank you, Madam Chair.

36:17I believe Councilwoman Logan and I would

36:20maybe like to see a little bit more on

36:21the presentation, but also I had a

36:23question for

36:25Uh for Mr. Box, but maybe is the owner

36:27here?

36:29>> Uh Brian Bacchus with representative

36:32>> I know I know you are, Mr. Bacchus. Is

36:34the

36:35Is the owner here?

36:36>> No, sir. He could not make it today uh

36:38due to the delay in the meeting.

36:39>> Okay. I I

36:40then I'll ask a clarifying question to

36:42you, but

36:43Mr. Bacchus, are you with you? Okay,

36:44thank you.

36:47>> You want to see the new facility?

36:50Or

36:50>> Okay.

36:51>> So, this is the site plan for the new

36:53facility. Summer is to the top and North

36:56Hollywood is to the right.

36:58And these are elevations.

37:00I think they're not Yes.

37:04So, this

37:23>> Thank you, sir. Uh Mr. Bacchus

37:33Uh

37:34I've spoken with you about this project.

37:35I I support this project. I just want uh

37:39to hear from you representing the owner

37:41that

37:42there's been a lot of new car washes

37:44that have gone in across the city and

37:47they're they're great and shiny and new

37:48when they first open and then they just

37:50kind of don't do any regular maintenance

37:52and they start to go downhill.

37:54I just would like to hear from you that

37:56that your the person that you're

37:58representing is going to stay on top of

37:59that, standard maintenance, and that the

38:01property is going to look continue to

38:02look good. Maintenance will be done on

38:04this equipment and

38:06Director Racio, I don't know if there's

38:07any stipulations in there for

38:10if those, you know,

38:13conditions aren't met, if that we have

38:15any recourse, but

38:16generally, I'm a supporter of the

38:18project. I think it's a good project.

38:22>> Uh so, if the conditions are not met,

38:24then the SUP can be revoked. So, that

38:27would be a an enforcement issue that we

38:29would monitor, and if we get any uh you

38:32know, questions about that, that uh the

38:34SUP could be revoked.

38:37>> Can the SUP ever be revoked because of

38:39code violations?

38:41>> Yes.

38:42>> Okay.

38:43All right, that's all I have.

38:49>> There are no more council in the queue

38:50to speak. So, Madam Controller, if you

38:53will please prepare the screen.

38:55Council, please cast your vote for item

38:57number six.

39:00Oh, wait. Wait. Wait. Before you do

39:02that, I had one comment card from Sander

39:05Snow- Snowden.

39:07>> Madam Chairman,

39:09Mr. Carlos um Carlos Snowden is not

39:12present today as well.

39:14>> Okay.

39:14>> He was at He's in support of the

39:16application.

39:16>> Okay. Oh, so this person isn't here?

39:19>> No, ma'am. He's not here.

39:21>> Oh, okay. Okay, well, how did I get the

39:22card?

39:25>> It was from

39:26I think it was from Tuesday.

39:27>> All right, so we're voting as amended,

39:29item number six.

39:44>> Canale, yes. Carlisle, yes.

39:46Cooper-Sutton, yes. Easter-Thomas, yes.

39:49Green, yes. Logan, yes. Espinosa, yes.

39:53Warren, yes. White, yes. Chairwoman

39:56Swearingen-Washington, yes.

40:03That item passes.

40:04>> Thank Thank you, Madam Chairman.

40:05>> Thank you.

40:06Madam Controller, if you will please

40:07call item number seven.

40:12Item number seven is a resolution

40:14pursuant to chapter 9.6 of the Memphis

40:17and Shelby County Unified Development

40:19Code.

40:22Approving a plan development at the

40:25subject property located at 2604

40:27Covington Pike. This resolution is

40:30sponsored by the Division of Planning

40:32and Development. This was held from

40:34September 15th. The case number is

40:36PD26-05.

40:40Thank you, Madam Controller.

40:41>> My pleasure.

40:42>> Councilwoman Espinosa, you're

40:43recognized.

40:44>> Thank you, Madam Chair. Looking at my

40:46notes, I believe this received a

40:48favorable recommendation, but I also

40:50believe now I'm going to check with the

40:51DPD. We're going to hold this item.

40:53Without objection?

40:55>> That's correct, yes.

40:55>> Yeah, okay. So, we're going to hold this

40:57item without objection.

40:59>> All right. So, item seven will be held

41:01until the next

41:02>> Yeah, we'll hold it until the next next

41:03Council meeting, October 20th.

41:05>> Okay.

41:05>> Yeah.

41:10>> Please note that that item will be held

41:12until October 20th.

41:15Madam Controller, will you please call

41:17item number eight.

41:22Item number eight is a joint ordinance

41:25to amend the Memphis and Shelby County

41:27Unified Development Code adopted by the

41:29City of Memphis on August 10th, 2010 and

41:32by Shelby County on August 9th, 2010 to

41:36establish a procedure for replacing the

41:39zoning map. Up for third and final

41:42reading, this ordinance is sponsored by

41:44the Division of Planning and

41:45Development. It was held from September

41:481st. The case number is ETA26-02.

41:52Our ordinance number is 5979.

41:56Councilwoman Espinosa, you're

41:57recognized.

41:58>> Thank you, Madam Chair. Committee met.

41:59It was a busy committee meeting.

42:02We had a favorable recommendation and

42:04Director Axedale's here if anybody wants

42:06to hear him speak on this again. Thank

42:08you. Move it.

42:11>> And Madam Chair, I would add uh

42:13what uh Councilwoman White asked about a

42:15letter that would be added to the record

42:17earlier. That was on this item and that

42:20has just been passed out. So, we want to

42:22make that part of the record. So.

42:24>> Is this the 3.0 plan that we're voting

42:26on?

42:27>> This is the uh zoning map update that

42:29that comes from the 3.0 plan. Yes.

42:32And this letter indicates so we've been

42:34working with residents and constituents

42:37on a process for when the map and zoning

42:40uh update comes forward. And so, we've

42:42worked with them and satisfied all their

42:44concerns and that's what this letter

42:45indicates. And so,

42:47we just want to make that part of the

42:48record so it's clear.

43:01>> Councilwoman Cooper-Sutton, you're

43:02recognized.

43:04Point of information, just trying to

43:05find out exactly what number eight is.

43:10>> Yes, so if I may, Madam Chair.

43:12>> Yes, you may.

43:13>> Yes. So, this is the zoning map update

43:16that we've been talking about that will

43:18come along with the zoning code update.

43:20And so, all this does is allows us to

43:22send send public notice to all the

43:25residents of Memphis and Shelby County.

43:27So, that's what this uh ordinance does.

43:29It just allows us to send the public

43:31notice that we're doing the map update.

43:35>> Okay. So, is

43:38It's

43:40Okay.

43:41>> To be crystal clear, what you're saying

43:42I think let me let me get to add the

43:44concern.

43:45The concern is that members want to make

43:47sure without a shadow of doubt that they

43:49are not approving a Memphis 3.0 plan

43:51right now.

43:52>> Absolutely not.

43:52>> There you go.

43:53>> We're approving, yeah.

43:54>> All right. And so, it's a companion

43:55piece is what it is. It's a notice It's

43:57really it's a notice piece.

43:58>> Yes.

43:58>> All right, you're just sending the

43:59notices out. Thank you.

44:01>> Yes, thank you.

44:01>> Um Thank you, Madam Chair. Thank you,

44:04Vice Chair.

44:05The notices, are they changing the

44:07zoning?

44:08>> The notice doesn't. It just uh notifies

44:11people that we are going to be proposing

44:13changes that we'll be bringing to this

44:15body.

44:16>> Okay.

44:17>> So, this does not change any of the map

44:20or code or anything.

44:23>> Okay. Councilwoman White, you're

44:25recognized.

44:26>> So, in this notice, and I think we kind

44:28of talked about this before, but now I'm

44:29a little bit confused based on what you

44:31just said.

44:32So, in the notice, will they get

44:34something else notifying them

44:37I know I understand you said it's

44:38starting the process, but will they get

44:39something else notifying them

44:42that

44:43it's their property is potentially going

44:46to be rezoned?

44:47Or give them a specific date? Or does

44:49this notice give them the specific date?

44:51>> It does. It gives them notice that we

44:54are proposing a new zoning map. It'll

44:55give them links to

44:57where they can go see that zoning map.

44:59It'll give them the date of the Land Use

45:01Control Board meeting and also

45:03information to contact us. So, it'll go

45:05in our our phone number and email

45:06address.

45:08I'll have all that information included

45:09on the notice.

45:10>> All right, thank you.

45:12Was this the item that we were

45:13discussing that um

45:15to give constituents an opportunity to

45:18have an appeal process in case their

45:20zoning was changed?

45:21>> That's correct.

45:22>> And we finalize that to include that

45:24verbage?

45:25>> That's what the letter actually

45:27indicates. So, we worked with several

45:28constituents and one

45:31Josh Whitehead, Derek Brittan,

45:33Robert Spence, and I think that you had

45:34received a letter from them. This what

45:36this letter does is it

45:38resolves those issues. And so, we we

45:41worked with them. We wanted to make that

45:42part of the record. And we had agreed to

45:44to do that with them. So, yes, this

45:46resolves those concerns.

45:48>> Were you brought in this project as

45:49well?

45:53Yes, sir.

45:55>> Madam Chair, thank you.

45:57I'm on I'm here on behalf of Attorney

45:59Brittan

46:00>> Thank you.

46:00>> to make sure the letter was submitted

46:02part of the record.

46:03>> Yes, it was.

46:04>> Thank you, Madam Chair.

46:05>> Did you have anything else that you

46:06needed added?

46:07>> No, ma'am.

46:08>> Okay.

46:08>> Oh, I did have one more thing,

46:10Madam Chair.

46:12With the study that we talked about the

46:14other day,

46:16I don't necessarily need it now for this

46:19particular vote, but I would like to

46:21receive a copy of the study that was

46:23done. Or I think you said it

46:26I forgot how you characterized it, maybe

46:27not a study or something like that, but

46:29I did want to see

46:30how you all went about the process of

46:32the rezoning of the maps.

46:34>> Yes, and we can share that with you.

46:35>> Thank you. Councilwoman Walker, you're

46:37recognized.

46:40>> Thank you, Madam Chair. Director Brett,

46:42back to

46:43Director Brett.

46:45>> Yes.

46:46>> Um the notices that you're going to be

46:47sending out with respect to this

46:50project, can you share a copy of them

46:52with us as

46:54this moves along?

46:55>> Yes. Yes, we will do that. Yes.

46:57>> I yield the floor.

46:59Madam Comptroller, if you will please

47:00prepare the screen for item number

47:02eight.

47:24Canales, yes. Carlisle, yes. Easter,

47:26Thomas, yes. Green, yes. Logan, yes.

47:30Spinosa, yes. Walker, yes. Warren, yes.

47:33White, yes. Please show Chairwoman Jenna

47:36Swaringen Washington voting yes on this

47:38item.

47:40That item passes. Madam Comptroller,

47:43Thank you. Madam Comptroller, if you

47:45will please call the consent agenda

47:47items, items 32 and 33.

47:51Thank you very much. Item number 32 on

47:55our add-ons is an ordinance to adopt

47:58zoning amendments to the unified

47:59development code relative to data

48:02centers up for first reading ordinance

48:05number 5987

48:07is sponsored by council members Warren,

48:10Canali, Espinosa, and Carlisle. There

48:12was a request to add this on to the

48:14consent agenda for first reading. Our

48:17second item on the consent agenda is

48:20item 33 an ordinance amending the

48:24Memphis and Shelby County unified

48:25development code as adopted by the city

48:29of Memphis on August 10th, 2010 and as

48:33amended to establish a land use and

48:36sitting framework for data centers and

48:40other resource intensive uses within the

48:44city of Memphis up for first reading

48:47ordinance number 5988 is sponsored by

48:50council members Logan, Cooper, Sutton,

48:53Swearingen, Washington, Easter,

48:57and Warren.

48:59Madam Madam Chair, that concludes your

49:02consent agenda items.

49:04Vice Chair Carlisle, you're recognized

49:05this time.

49:06>> Thank you, Madam Chairman. The The

49:07committees met and moved these items

49:09down for the Excuse me, for the

49:10council's approval and I second move.

49:13>> It has been moved by Vice Chair

49:15Carlisle, seconded by Council

49:17Councilwoman Green. I have Councilwoman

49:19Easter-Thomas in the queue.

49:22>> Thank you, Chair. Um

49:24can I be removed as co-sponsor from item

49:26number 33?

49:27>> Okay.

49:29Madam Comptroller, if you will please

49:31note.

49:31>> Yes, as amended.

49:32>> Thank you.

49:33>> We'll We'll wait to update the copy.

49:36>> All right. Madam Comptroller, if you

49:38will please prepare the screen for the

49:39vote.

49:47>> Yeah, keep going.

49:52>> Council member please vote.

50:06>> Canali, yes. Carlile, yes. Easter,

50:08Thomas, yes. Green, yes. Logan, yes.

50:12Spinosa, yes. Walker, yes. Warren, yes.

50:15White, yes. Chairwoman

50:17Swearingen-Washington, yes.

50:22That item passes.

50:25Madam Controller, if you will please

50:27call on our add-on agenda and same-night

50:29minute items. Thank you. We'll start

50:32with item number 24.

50:37Item number 24 on our add-ons is a

50:40resolution calling for the removal of

50:42ICE and the National Guard as part of

50:45the Memphis Safe Task Force from the

50:47City of Memphis. All Council dis-

50:50Pardon me. That item is

50:52That item has been held.

50:54Madam Controller, you will please start

50:56with item number 16 and then 25.

51:07I got 16 on my script.

51:11Okay, start with item number 25.

51:18Item number 25 is our next item. It's on

51:20our add-ons. It's a resolution to

51:23transfer and appropriate $150,000

51:27in FY 2027 funding for the Safe Ways

51:31Initiative from City Finance Grants and

51:34Initiative to the Memphis Police

51:36Department for the continuation of the

51:38initiative related to crime prevention

51:41and suppression in apartment complexes.

51:45All Council districts. This resolution

51:47is sponsored by the administration.

51:49There is a request for same night

51:51minutes for this item number 25.

51:55Councilman Canale, you're recognized at

51:57this time.

51:58>> Thank you, Madam Chair. The committee

51:59met, recommended approval, and uh so

52:02move.

52:03>> It has been properly moved by Councilman

52:04Ford Canale, seconded by Councilman

52:06Espinosa. There are no council to speak

52:09in the queue. Madam Controller, if you

52:10will please prepare the screen for the

52:12vote.

52:21Canale, yes. Cooper-Sutton, yes. Green,

52:24yes. Logan, yes. Smiley, yes. Espinosa,

52:28yes. Walker, yes. Warren, yes. Please

52:32show Council Member White as a voting

52:34yes on this item. Chairwoman

52:36Swearingen-Washington,

52:38yes.

52:43That item passes. Please call item

52:45number 26.

52:48Item number 26 is a resolution to accept

52:50and appropriate $1,453,600

52:57for the Memphis Police Department

52:58in-service training for commissioned

53:01officers in the fiscal year 2027

53:04operating budget. All council districts,

53:07this resolution is sponsored by the

53:08administration. There is a request for

53:10same night minutes for this item number

53:1326.

53:15Councilman Ford Canale, you're

53:16recognized.

53:17>> Thank you, Madam Chair. The committee

53:18met, recommended approval, and I so

53:20move.

53:22>> It has been moved by Councilman Ford

53:24Canale, seconded by Councilman Espinosa.

53:26Madam Controller, if you will please

53:28prepare the screen.

53:50>> It's nice talking to her.

53:52>> Canales, yes. Cooper-Sutton, yes.

53:55Easter-Thomas, yes.

53:57Green, yes. Logan, yes. Smiley, yes.

54:02Spinosa, yes. Warren, yes. White, yes.

54:08That item passes. Madam Controller, if

54:10you will please call item number 27.

54:17Item number 27 is an appointment to the

54:21Board of Ethics, Myrtle Winfield. There

54:24is a request for same-night minutes.

54:27Councilwoman White, you are recognized

54:28for item number 27.

54:30>> Thank you, Madam Chairwoman. The

54:31committee met and recommended approval,

54:32and I so move.

54:35>> It has been moved by Councilwoman White,

54:37seconded by Councilwoman Green, for that

54:39appointment.

54:41Madam Controller, please prepare the

54:42screen. Council members, please cast

54:44your vote for item number 27.

54:57Canales, yes. Cooper-Sutton, yes.

55:00Easter-Thomas, yes. Green, yes. Logan,

55:03yes. Smiley, yes. Spinosa, yes. Walker,

55:07yes. Warren, yes. White, yes. Chairwoman

55:11Tarington-Washington, yes. That item

55:13passes. Madam Controller, if you will

55:15please call item number 28.

55:20Item number 28 is an appointment also,

55:24Board of Ethics Chair, retired Judge

55:27Lois Lambert Ryan. There is a request

55:29for same-night minutes.

55:32Councilwoman White, you are recognized

55:34for item number 28.

55:37>> The committee met and recommended

55:38approval and I so move.

55:40It's been moved by Councilwoman White,

55:42seconded by Councilman Espinosa. Madam

55:44Controller, please prepare the screen

55:46for item number 28.

55:54Canale, yes. Easter-Thomas, yes. Green,

55:57yes. Logan, yes. Smiley, yes. Espinosa,

56:00yes. Walker, yes. Warren, yes. White,

56:04yes. Chairwoman Swaringen-Washington,

56:07yes. That item passes. Madam Controller,

56:09please call item number 29.

56:12>> Item number 29 is a resolution amending

56:15the FY17 CIP budget by accepting

56:19additional federal grant funding from

56:21the Tennessee Department of

56:23Transportation and appropriating

56:25$129,220.45

56:30to initiate construction on the

56:33Rangeline sought sidewalk enhancement

56:36project. District 7, Super District 8.

56:39This resolution is sponsored by the

56:41administration. That contract number is

56:43EN01064

56:46and there is a request for same-night

56:47minutes.

56:48>> It's always exciting to accept grant

56:50funds. Councilman Smiley, you're

56:51recognized at this time.

56:53>> Thank you so much, Madam Chair. I do

56:55appreciate the acknowledgement. The

56:56committee met and recommended approval

56:58and I so move.

56:59>> It's been moved by Councilman Smiley,

57:01seconded by Councilwoman Easter-Thomas.

57:03Madam Controller, if you will please

57:05prepare the screen for item number 29.

57:18Canale, yes. Cooper-Sudduth, yes.

57:20Easter-Thomas, yes. Green, yes. Logan,

57:23yes. Smiley, yes. Espinosa, yes. Walker,

57:27yes. Warren, yes. White, yes. Chairwoman

57:31Swaringen-Washington, yes.

57:33That item passes. Madam Controller, if

57:35you will please call item number 30.

57:39Item number 30 is a resolution approving

57:42nominal conveyance of 3628 Summer

57:45Avenue, parcel ID 0380650019

57:52to Broad Avenue Community and Economic

57:54Development Corporation for social

57:57services, community programming.

58:00District 5, Superdistrict 9. This

58:02resolution is sponsored by the

58:04administration and there is a request

58:06for same night minutes. Councilman

58:08Smiley, you're recognized.

58:10>> Committee may recommend approval on said

58:11motion.

58:15>> It has been moved by Councilman Smiley,

58:17seconded by Councilman Warren. Madam

58:19Controller, please prepare the screen

58:21for the vote.

58:35Canale, yes. Cooper-Sutton, yes.

58:37Easter-Thomas, yes.

58:40Green, yes. Logan, yes. Smiley, yes.

58:43Espinosa, yes. Walker, yes. Warren, yes.

58:47White, yes. Chairwoman Swearingen

58:49Washington, yes.

58:51That item passes. That takes us to our

58:53regular agenda items starting with item

58:56number 17.

59:01Madam Controller, if you will please

59:02call item number 17.

59:08No, I did not.

59:13Item number 17 on our regular agenda

59:16with our general ordinances is an

59:18ordinance to amend chapter 25, pension

59:21and retirement system of the City of

59:24Memphis, Tennessee up for third and

59:26final reading. Ordinance number 5983

59:29is sponsored by the administration.

59:32>> Councilwoman White, you're recognized.

59:36The committee met and recommended

59:37approval, and I so move.

59:42>> It has been moved by Councilwoman White,

59:44seconded by Councilman Espinosa.

59:48Nobody in the queue to ask questions?

59:50Madam Controller, if you will please

59:52prepare the screen.

1:00:06Canale, yes. Easter-Thomas, yes. Green,

1:00:09yes. Logan, yes. Smiley, yes. Espinosa,

1:00:13yes. Walker, yes. Warren, yes.

1:00:16Chairwoman Swearingen-Washington, yes.

1:00:20That item passes. Madam Controller, if

1:00:22you will please call item number 18.

1:00:25>> Madam uh Chair, I forgot to say

1:00:26Cooper-Sudduth, yes, on that last item.

1:00:28Please note that, everyone.

1:00:31Thank you.

1:00:35If you will please call item

1:00:36>> Item number 18 is

1:00:41a joint ordinance amending the

1:00:43Memphis-Shelby County Building Home

1:00:44Program, up for third and final reading.

1:00:47Ordinance number 5984 is sponsored by

1:00:50the administration.

1:00:52>> Councilman Espinosa, you're recognized

1:00:54at this time.

1:00:55>> Thank you, Madam Chair. Committee met,

1:00:56recommends approval, and I so move.

1:00:59>> It has been moved by Councilman

1:01:00Espinosa, seconded by Councilwoman Dr.

1:01:02Easter-Thomas. Madam Controller, if you

1:01:04will please prepare the screen for the

1:01:06vote

1:01:07for item 18.

1:01:22Canale, yes. Easter-Thomas, yes. Green,

1:01:25yes. Logan, yes. Smiley, yes. Smith, No

1:01:28Say, yes. Walker, yes. Warren, yes.

1:01:31White, yes. And Chairwoman

1:01:33Swearengen-Washington, yes.

1:01:35That item passes. Madam Controller, if

1:01:38you will please call item number 22.

1:01:47Item number 22 is an ordinance to amend

1:01:50ordinance number 5856

1:01:52that established rules and regulations

1:01:54relating to the operation and regulation

1:01:57of short-term rentals in Memphis by

1:02:00amending section 8 compliance to detail

1:02:03enforcement of short-term rentals

1:02:06reported as a public nuisance. Up for

1:02:09third and final reading, ordinance

1:02:11number 5980

1:02:13is sponsored by Councilwoman Espinosa.

1:02:15It was held from September 15th.

1:02:18Yay! Councilwoman Espinosa.

1:02:22You're recognized. Woo!

1:02:24>> Thank you, Madam Chair. Thank you,

1:02:26colleagues. So, committee met,

1:02:28recommended approval, and I didn't move

1:02:30it, but real quick, just to

1:02:32to summarize

1:02:33>> don't hold it.

1:02:34>> To summarize

1:02:36uh the purpose of this is to make sure

1:02:38we get this right. This amended

1:02:39Memphis's existing short-term rental

1:02:41ordinance, ordinance number 5856

1:02:43it does provide clear rules for

1:02:45addressing short-term rentals. There's a

1:02:46new three-violation standard.

1:02:49A short-term rental's continued

1:02:50operation could be prohibited prohibited

1:02:52and its permit revoked after three or

1:02:54more separate court-confirmed violations

1:02:56of generally applicable state or local

1:02:58law that directly resulted from

1:02:59operation of the short-term rental once

1:03:01appeal rights are exhausted.

1:03:03Existing laws remain as the enforcement

1:03:06foundation.

1:03:07I'm not going to read all of that, but

1:03:09it does create a clear nuisance

1:03:10enforcement pathway. So, public nuisance

1:03:12cases may be brought in Chancery,

1:03:14Circuit, Criminal, Qualifying

1:03:16Environmental Court.

1:03:17Certain government attorneys may

1:03:19initiate proceedings and under the

1:03:21ordinance cited processes 10 or more

1:03:23citizens can also bring a petition

1:03:25for a repeat nuisance involving someone

1:03:27already subject to an abatement or an

1:03:29injunction, a court may award $1,000 to

1:03:32$50,000

1:03:34in damages to a qualifying nearby

1:03:36property owners. So, that's a big deal

1:03:38who can claim property value damage. Uh

1:03:40the city can also seek enforcement

1:03:42costs. This is something that we fought

1:03:45to the end uh and for the repeat

1:03:47nuisance circumstances, the city can

1:03:49also seek recovery

1:03:51of the cost uh that we incur when law

1:03:53enforcement is called over and over and

1:03:55over again

1:03:57to the same address.

1:03:58So, this has taken a very long time and

1:04:01we've all dealt with it and I'm very

1:04:03excited to be here today. So, thank you.

1:04:07>> Yay!

1:04:11Madam Control Oh, Dr. Warren is in the

1:04:13queue.

1:04:15>> Madam Chair, I would like to be added as

1:04:18a co-sponsor of this and I think

1:04:20probably everybody up here would like to

1:04:22do that because we think this is great

1:04:24work and we want to be with you.

1:04:25>> Yeah.

1:04:26Great work.

1:04:29Thank you so much.

1:04:31Madam Oh, Councilwoman Logan.

1:04:36Madam Chair, that's what I was going to

1:04:37say. I want to be a co-sponsor. Thank

1:04:39you. Great work. We're going to add

1:04:40everyone. All right. Everybody's invited

1:04:43to the party.

1:04:47Madam Control, if you will please call

1:04:50please prepare the screen for item

1:04:52number 23.

1:04:59>> Item number 22.

1:05:01>> for number 22.

1:05:03Thank you.

1:05:05Canales, yes. Easter, Thomas, yes.

1:05:08Green, yes. Logan, yes. Smiley, yes.

1:05:11Espinosa, yes.

1:05:12Walker, yes. Warren, yes. White, yes.

1:05:16Chairwoman Swearingen-Washington, yes.

1:05:20That item passes.

1:05:22Madam Controller, if you will please

1:05:23call item number 23.

1:05:28What's this say?

1:05:35Item number 23 is and it should display

1:05:38momentarily on the board.

1:05:41It's a resolution seeking approval of a

1:05:447-year

1:05:45initial lease term with an option to

1:05:48renew for one additional 7-year period

1:05:50between the City of Memphis and Bluff

1:05:53City Athletics doing business as Bluff

1:05:55City Pickleball LLC at 940 Early Maxwell

1:05:59Boulevard, Pickin Billy, Memphis,

1:06:01Tennessee 38104,

1:06:04District 4, Super District 9. This

1:06:06resolution is sponsored by the

1:06:07administration.

1:06:09Councilman Warren, you're recognized.

1:06:12>> Thank you, Madam Chair. Committee met,

1:06:14recommend approval. I'll so move.

1:06:17>> It's been moved by Councilman Warren.

1:06:19Can I get a second?

1:06:22It's been seconded by Councilwoman

1:06:24White.

1:06:25We have Councilwoman Green in the queue

1:06:27for the vote.

1:06:28>> Thank Thank you, Chair. I just want to

1:06:30clarify for

1:06:32the public that's here.

1:06:34Um Councilman Warren, can you reiterate

1:06:37to us when we're coming back about the

1:06:41roller derby and what the status of that

1:06:43is?

1:06:46>> Yes, um

1:06:47Councilwoman Green, uh uh we asked the

1:06:49parks to come and give us a report at

1:06:52each of our meetings until this is

1:06:54resolved.

1:06:56>> But at this time, we don't have a

1:06:59location for the

1:07:01>> They're still working on a potential

1:07:03location. I think they've got some that

1:07:05they're dealing with, so it's a constant

1:07:08uh I think they're actively doing it.

1:07:10I'll get the park commissioner director

1:07:12to come up and talk to us.

1:07:14Thank you.

1:07:14>> Yeah, I I I

1:07:16I'll let the park commissioner uh

1:07:18I'll I'll let the park commissioner come

1:07:20up and speak, but um I am going to

1:07:22request chair, since we don't have a

1:07:24resolution on the roller derby, that we

1:07:26hold this.

1:07:27>> Second.

1:07:29>> With no objection.

1:07:33Director Bolden?

1:07:37>> Um

1:07:39Is this my phone?

1:07:40>> It should be on now. Director Bolden?

1:07:42>> Yes.

1:07:45Justice Bolden, 2599 Avery Avenue. Um so

1:07:49we do uh

1:07:51so the Memphis Parks has provided a

1:07:53permit to roller derby for the Davis

1:07:55Community Center through 2027, um and

1:07:58we'll continue to work with them on

1:08:00Memphis Sports and Events Center, as

1:08:01well as Davis Community Center moving

1:08:03forward.

1:08:05>> Yeah, I don't feel like that's super

1:08:08clear, especially with the people here,

1:08:10and so it seems like we need to have

1:08:12some more conversations with those who

1:08:14will be impacted. So again, I would

1:08:16reiterate chair, I would like to hold

1:08:19this resolution uh till the next

1:08:21meeting.

1:08:21>> Second.

1:08:23>> Thank you.

1:08:24>> It has been voted for this item has been

1:08:26motioned for this item to be held.

1:08:28>> What I had just had one quick question,

1:08:30Madam Chair, for Director Bolden.

1:08:33It is there anything that would be

1:08:37affected or impacted by us holding

1:08:39today?

1:08:42>> No.

1:08:45>> Thank you.

1:08:45>> No, we we were simply seeking approval

1:08:48of the term.

1:08:51>> Back to the agenda.

1:08:53>> Okay. So, without an objection, we will

1:08:55hold it as it has been had a motion from

1:08:58Councilwoman Green, seconded by

1:08:59Councilman Smiley. So, that item will be

1:09:01held

1:09:03for 2 weeks. So, we'll be back

1:09:07for the October 20th meeting.

1:09:17That takes us to our same night minute

1:09:19items.

1:09:21Vice Chair Carlisle, if you would please

1:09:23read the same night minute items into

1:09:25record.

1:09:29Councilman Forkanelli.

1:09:31>> Thank you, Madam Chair. The same night

1:09:32minute items are 2, 25,

1:09:3526, 27, 28, 29, and 30.

1:09:39And with that, I move it to the floor,

1:09:41Madam Chair.

1:09:42>> All right. Thank you.

1:09:44Councilman Forkanelli has moved it. It

1:09:46has been seconded by Councilman

1:09:47Espinosa.

1:09:49Madam Comptroller, if you will please

1:09:51prepare the screen to vote for the same

1:09:53night minute items. [clears throat]

1:09:56Since that item was held, we didn't have

1:09:58comments on that.

1:10:00Okay.

1:10:04Council, please prepare the screen for

1:10:05the vote.

1:10:14Canali, yes.

1:10:16Easter, Thomas, yes for the same night

1:10:18minutes. Green, yes.

1:10:21Logan, yes. Smiley, yes. Espinosa, yes.

1:10:24Walker, yes. Moran, yes. White, yes.

1:10:27Chairwoman Swearingen-Washington, yes.

1:10:29That item passes.

1:10:33That brings us to the end of our

1:10:35meeting. I will No, no, no, no. It's now

1:10:38time for our comment cards.

1:10:42We will begin with Richard Massey and

1:10:44then Paul Klein.

1:11:05>> Uh, good evening, Council.

1:11:07>> Good evening.

1:11:08>> Nearly 500 different communities between

1:11:11towns, cities, and counties have moved

1:11:13to pause data center development all

1:11:15across the United States, including

1:11:16several examples across the state of

1:11:18Tennessee between Hamilton County,

1:11:20Nashville and Davidson County, Knox

1:11:22County, Roane County, Coffee County,

1:11:24Shelbyville, White County, Clinton,

1:11:26Anderson County, Cumberland County,

1:11:28Morgan County, McMinnville, Cedar Hill,

1:11:30Grundy County, Washington County,

1:11:31Johnson City, and more. There's a few

1:11:33interesting things to note here. The

1:11:35majority of the municipalities that are

1:11:37on that list acted preemptively before

1:11:39the data centers are actually developed

1:11:41within their communities. We're acting

1:11:42from behind. Memphis has become not just

1:11:45an example, but the example of the harm

1:11:48that unregulated hyperscale AI data

1:11:49centers can cause in vulnerable

1:11:51communities.

1:11:52Also, the overwhelming majority of those

1:11:54municipalities, with the lone exception

1:11:55of Nashville, are substantially smaller

1:11:58economies than Memphis. Yet, they still

1:12:00opted to pause development so that they

1:12:02have time to convene with communities

1:12:03and experts and conduct impact studies

1:12:05to establish legitimate zoning

1:12:07regulations that can't be exploited.

1:12:09You want to talk about moving

1:12:10haphazardly? Facing the threat of

1:12:12continued data center expansion and

1:12:14construction without engaging community

1:12:16and experts in the development of

1:12:17regulations is the definition of moving

1:12:19haphazardly.

1:12:21There are a range of different issue

1:12:22areas that we have to cover from noise

1:12:24to water use, distancing standards,

1:12:26power sources, and that takes months. It

1:12:28took months for Nashville to develop

1:12:30their zoning provisions, not 45 days.

1:12:34The best avenue to ensure that we have

1:12:35ample time is through a moratorium, so

1:12:38we have so we can work those intricacies

1:12:40out and mitigate the harm from future

1:12:41unregulated development at the same

1:12:43time. It's what the community has played

1:12:45has pleaded for time and time again and

1:12:47has asked for you to enact. The same

1:12:49incentives that brought these companies

1:12:51here between low taxes, land, and water

1:12:54are not going to disappear within 12

1:12:55months.

1:12:56On the other side of that 12 months, we

1:12:58will we will have given our community

1:12:59reprieve from an unregulated,

1:13:01exploitative business model, and we will

1:13:03have created uh zoning provisions that

1:13:05reflect what this community has asked

1:13:06for, that address that a host of issues

1:13:08that these developments present. Thank

1:13:10you.

1:13:12>> Thank you. We'll have Paul Klein and

1:13:14then Jasmine Houston.

1:13:25>> Hello, y'all. My name is Paul Klein. I'm

1:13:27here tonight as both the vice chair of

1:13:30the Sierra Club's Chickasaw Group and

1:13:32co-chair of the Climate Reality

1:13:34Project's Memphis chapter. Both of these

1:13:36national organizations are advocating

1:13:39for moratoriums on data centers and the

1:13:42industrial-scale fossil fuel projects

1:13:45being built to run these facilities. We

1:13:47are in agreement that a 1-year

1:13:49moratorium on data centers, not just 90

1:13:52days, is necessary to give local

1:13:55governments a chance to carefully

1:13:56research and consider legislation to put

1:13:59important guardrails on their

1:14:02development. So far, nearly 1/3 of the

1:14:05counties in Tennessee have already

1:14:07passed moratoriums or some type of

1:14:09zoning restrictions. Memphis does not

1:14:12have to reinvent the wheel. We can learn

1:14:14from them. A 1-year pause is not going

1:14:17to cost us any economic opportunities.

1:14:20Instead, it will give us the time to

1:14:22ensure that new development will work

1:14:25for Memphis and not just corporations.

1:14:28As you have surely noticed, local

1:14:31opposition to data centers is increasing

1:14:33very quickly, driven by folks' concerns

1:14:35about their rising electric bills,

1:14:37increased fossil fuel generation, air

1:14:39pollution, water use, noise pollution,

1:14:41and land use. Therefore, we implore you

1:14:44to pass It's

1:14:45moratorium because we, the people,

1:14:48through you, our elected officials,

1:14:50should be directing Memphis' future and

1:14:53not the Chamber of Commerce. Before you

1:14:56pass a 90-day moratorium, please

1:14:58consider the message you'd be sending to

1:15:00these people, the constituents of yours

1:15:02who were here by the hundreds on

1:15:04Tuesday.

1:15:05What would it signal? I think it would

1:15:07signal that you really don't care about

1:15:09the people because 3 [clears throat]

1:15:10months is not enough for the research

1:15:13and due diligence necessary to create

1:15:16something meaningful. In closing,

1:15:19I want you to remember what Dr. King

1:15:21said, "Injustice anywhere is a threat to

1:15:25justice everywhere." Thank you.

1:15:28>> Thank you.

1:15:29Jasmine Houston and then Mark Wilson.

1:15:41>> Um, hello everyone and thank you Uncle

1:15:44Pal for giving me more courage to do

1:15:46these.

1:15:47So, this is my second time speaking and

1:15:50I could honestly admit that I haven't

1:15:52been as engaged as I should be, but I

1:15:55can say that coming here

1:15:57um Tuesday, making arrangements for a

1:15:59babysitter and then not even hearing at

1:16:01least one person from the audience kind

1:16:03of was a slap in the face to people who

1:16:05actually want to engage in community and

1:16:07understand what's going on better. And

1:16:09honestly, I wouldn't even I don't say I

1:16:12want to I don't want to participate in

1:16:13this, but I would like to interested

1:16:15decisions could be made on my behalf

1:16:17because I had to come straight from work

1:16:19immediately here to just see what's

1:16:21going on because I'm not sure if people

1:16:23are

1:16:24really hearing the voice of the people

1:16:25here and for me that's a a big problem

1:16:29to me because I've been here my whole

1:16:30life and if you look around, it seems as

1:16:33if there's no real development here.

1:16:35Like it's nothing to do in Memphis, but

1:16:38it's so much money that flows through

1:16:40here, but it never comes to the people

1:16:42like the regular smegular person like

1:16:44me. I'm not an activist. I'm not doing

1:16:47anything special. I'm just a person

1:16:49who's been in Memphis my whole life, and

1:16:50I love my city. So, when we're talking

1:16:53about these things, like I understand we

1:16:55might not know the business side of

1:16:57everything, and all the ins and outs of

1:16:59zoning, EPA stuff. Like that's why we

1:17:02have professionals for this, but I'm

1:17:04simply asking, can we at least have a

1:17:06time to take a pause for something?

1:17:09People are going without food. People

1:17:11are really losing quality of life. So,

1:17:14we keep on putting profit over people

1:17:15and quantity, quantity, quantity. What

1:17:18about like quality? And a year is not a

1:17:20lot of time. We already see Christmas

1:17:22things out already. We already see all

1:17:24these things out, and it's not even time

1:17:26for Christmas yet. We haven't even put

1:17:27on costumes. So, it can't keep on being

1:17:30about business over people every time.

1:17:32So, please just consider us and hear us.

1:17:35I know we could get to something, and I

1:17:36don't want to make judgments about

1:17:37anybody because I don't know y'all, but

1:17:39please just like pause and see where we

1:17:41are right now. Thank you.

1:17:45>> Thank you. We'll have Mark Wilson and

1:17:47then Alexa Pouncy.

1:17:56Okay. Mark Wilson isn't here. Alexa

1:17:58Pouncy.

1:18:06>> Hi, everyone. I'm Alexa. Um I was also

1:18:08here on Tuesday to be with the people of

1:18:11Memphis, to get you guys to understand

1:18:13that we're just we're asking for you

1:18:14guys to actually consider what we're

1:18:16saying. To actually consider the facts

1:18:19from the experts, and not just from you

1:18:21guys. From actual paid experts, not your

1:18:23opinions.

1:18:25Um so, that's that's honestly what we're

1:18:27asking for. What I really dislike is

1:18:29that out of the 200 plus people that

1:18:31were here on Tuesday, a handful of them

1:18:34are not allowed to come to this meeting

1:18:36or the meeting on the 20th and they just

1:18:38all happen to be black as well.

1:18:40Um so I really have a lot of problems

1:18:42with how y'all are handling this

1:18:44situation and that's what I have to say.

1:18:47>> [snorts]

1:18:47>> Thank you so much. We'll have Carrie

1:18:49Iacomini and Andrea Ball.

1:18:56Okay, not here. Andrea Ball

1:18:59and Jessica Miller.

1:19:03Okay, Gloria Jones.

1:19:08Crystal Hollins.

1:19:12>> Wait, did you call Jessica Miller?

1:19:16>> Gloria Jones.

1:19:18>> No, Jessica Miller.

1:19:19>> Jessica Miller, yes ma'am.

1:19:20>> Is it my turn?

1:19:21>> Yes, ma'am.

1:19:27>> Good evening city council.

1:19:29>> Good evening.

1:19:30>> [clears throat]

1:19:30>> My name is Jessica Miller.

1:19:32Just have a few things. I was here

1:19:34Tuesday. I've also been here since the

1:19:37day that the moratorium was introduced.

1:19:40I've been to every committee meeting and

1:19:41I've been to every council meeting.

1:19:44I am highly disappointed

1:19:46because there were comments made that

1:19:49the people that were here Tuesday were

1:19:51the loudest in the room.

1:19:53And I see a bunch of empty seats up here

1:19:56and I just want to say as somebody who

1:19:57has been here for everything that we've

1:19:59gone through since the moratorium was

1:20:01introduced.

1:20:03I've not seen one person come up here

1:20:06and beg y'all to to not pass this

1:20:08moratorium. Not one person and that

1:20:11concerns me because we're not just the

1:20:14loudest in the room, we're the only

1:20:15people in the room begging y'all to do

1:20:17this.

1:20:18And it doesn't make sense to me. I'm so

1:20:21sick of hearing about AI deserts. You

1:20:24know what I do hear when people get up

1:20:26here? I hear about food deserts. I hear

1:20:29about opportunity deserts. I hear about

1:20:31public transportation deserts, but I

1:20:34have not not one time heard somebody

1:20:36mention an AI desert. But, you know

1:20:38where there is an AI desert? At

1:20:40Mar-a-Lago.

1:20:44I also want to reference something that

1:20:46was said

1:20:48um

1:20:49about because By the way, I meant to

1:20:51introduce myself. My name is Jessica

1:20:53Miller. I'm a professional activist.

1:20:55Um and I shouldn't be shamed for coming

1:20:58to every meeting.

1:21:00I encourage the community to come.

1:21:02They're scared to come. People have to

1:21:04take off work, get babysitters to come,

1:21:07and I help them I help them come and

1:21:09know what's going on because this

1:21:11process does not make sense to anybody.

1:21:14And I am super disappointed that they

1:21:16were made to feel shamed for coming on

1:21:18Tuesday.

1:21:20And they should not feel shamed for

1:21:22coming to voice an opinion. And really,

1:21:24in all actuality, their voices in those

1:21:26comment cards should have been heard

1:21:27before there was a hold voted on.

1:21:30And y'all know that. And if we're going

1:21:32to hold the public accountable, we need

1:21:34to hold everybody accountable.

1:21:36Thank you.

1:21:36>> Alexa Pouncy.

1:21:40Not here. Sophia Mason.

1:21:50>> Hello. My name is Sophia Mason.

1:21:53Uh I am one of Councilman Espinosa's uh

1:21:57constituents.

1:21:58And I've learned a lot from being around

1:22:01a lot of these people who come

1:22:02frequently to these meetings.

1:22:05Uh it's been a long week already. I'm

1:22:07sure many of us will be glad to get out

1:22:10and and enjoy our weekend soon.

1:22:13Perhaps even frequent some of the black

1:22:15businesses that you all awarded with

1:22:16awards a month ago.

1:22:19Um so, I wasn't quite sure what was

1:22:22bringing me to the meeting today. I knew

1:22:24I wanted to get here. Um

1:22:26I

1:22:27couldn't imagine there could be anything

1:22:29new for me to say that I haven't already

1:22:31heard from so many of the professionals

1:22:33behind me.

1:22:35Uh, but I realized that I was deeply

1:22:37moved by the public comment that Maria

1:22:40translated for us last month

1:22:43regarding how so many Memphis families

1:22:46are being torn apart by the task force.

1:22:49I was also deeply moved by the

1:22:51connection that you Councilwoman

1:22:54uh Cooper-Sudden drew for us between

1:22:56their recent traumas and your own

1:22:59grandmother's

1:23:00uh trauma

1:23:02being forcefully separated from her

1:23:03siblings.

1:23:05And many of you were moved by this

1:23:07Memphian's comments

1:23:09uh and her plea to remove ICE and the

1:23:12National Guard as part of the task force

1:23:16from the city of Memphis.

1:23:18Her comments last month, all of the

1:23:20comments translated for us brought me to

1:23:24the

1:23:25meeting today.

1:23:27I know this resolution may only be

1:23:30words, but it will also be hope.

1:23:33>> [clears throat]

1:23:34>> You have the immense privilege of voting

1:23:36for a resolution that will give your

1:23:37constituents across the city because

1:23:40every single one of us is connected to

1:23:42another 200-plus people,

1:23:45you will give all of those people hope.

1:23:48I'm humbled by how much that would mean

1:23:50to me on October 20th.

1:23:54Uh Councilwoman Minosa, I would also

1:23:56like to continue

1:23:59I'll save that for another time. Thank

1:24:00you.

1:24:02>> Thank you. We will now have Brandy Price

1:24:05and then Alex Alexander Perkins.

1:24:20>> [clears throat]

1:24:25>> Hello, my name is Brandy Price at 30109.

1:24:28I have a question for Councilman

1:24:30Spano's.

1:24:31My question is does any of those

1:24:34ordinances

1:24:35>> address specific council members with

1:24:37comments. Just make a comment.

1:24:39>> It's about the the what's in the

1:24:41ordinance. What the ordinance that he

1:24:43introduced. I want to know I just want

1:24:46to ask does those ordinances include

1:24:48anything about heat distribution? That's

1:24:50what my question is. Heat distribution

1:24:52and the monitoring of the data that is

1:24:54collected.

1:24:56The reason why I asked that this is

1:24:58probably one of the hottest summers of

1:24:59the year and all those data centers

1:25:02where regardless if it's clean, quiet,

1:25:05loud, or dirty still generates heat. You

1:25:08cannot escape

1:25:10the laws of thermodynamics. So I I just

1:25:13want to know does that include any of

1:25:15that? Anything with how the heat

1:25:17distributed? Because in other data

1:25:19centers in Denmark, other countries

1:25:22through meta and such they take and

1:25:24redistribute that heat to houses and

1:25:26homes and warming centers for the

1:25:29community. And like that is something

1:25:31that constitutes a legislative reason

1:25:34for why this moratorium needed to be put

1:25:36in place if y'all had not thought about

1:25:38it. And you know, and that's using the

1:25:40language

1:25:42of your lawyer Alan Wade saying that

1:25:45hey, there's a legislative reasoning for

1:25:48the moratorium because y'all those

1:25:50things had not been included. And that

1:25:52also I'm just a layman. So that means

1:25:55that hey, there's a whole

1:25:57city out here who now been has not been

1:25:59included in the conversation of these

1:26:01ordinances which means y'all are pretty

1:26:03much going off the cuff.

1:26:05Is anyone here on the council a expert

1:26:08in thermodynamics,

1:26:10chemical engineering, mechanical

1:26:11engineering, or physics? If not, then

1:26:14y'all need to have the time to actually

1:26:17get those experts in place and we can

1:26:19have a meaningful conversation about

1:26:22data centers and that's going to take

1:26:23time. So, vote yes on the moratorium.

1:26:26So, that's my question. Can you answer

1:26:27the question, Ms. Minosa?

1:26:29>> Thank you so much for your insight. That

1:26:30was part of the

1:26:32meeting and discussion today to make

1:26:34sure we're including experts.

1:26:36Councilwoman Minosa, you're recognized.

1:26:37>> Yes, so thank you for allowing me to do

1:26:39this, Madam Chair.

1:26:42We will find We have a meeting and I

1:26:43don't have the agenda in front of me.

1:26:45Maybe Gia can tell me, but it's

1:26:47uh

1:26:48Thursday

1:26:50or Monday, October 19th. So, heat

1:26:53distribution and then what happens with

1:26:55the data, I'll specifically get you an

1:26:57answer because we're going to have

1:26:58people there that can answer that.

1:27:01>> Do you have like uh expert to speak on

1:27:03that?

1:27:04>> We're going to bring in people and I

1:27:05will 100% answer that question.

1:27:07>> ever was prior to me saying this, did

1:27:09you ever Oh, I just want I just want to

1:27:10ask I just want to ask did you think

1:27:12think of that cuz like I think I'm just

1:27:14>> Thank you.

1:27:15>> No, we are not going to have that. The

1:27:18uh schedule will be posted and you will

1:27:21know all of that information. Thank you.

1:27:23Alexander Perkins.

1:27:24>> And thank you for asking the question,

1:27:26really. And thank you for allowing

1:27:28>> and then Amber Sherman.

1:27:39>> My name is Alexander Perkins.

1:27:41Earlier today, Councilwoman Walker

1:27:43requested that the media publish more

1:27:44stories about renewable energy data

1:27:46centers. So, I'd like to start by

1:27:48mentioning how in 2019, Apple opened a

1:27:51data center in Denmark that runs

1:27:52entirely on wind and in 2021, Meta

1:27:55opened a renewable data center in Utah.

1:27:59Two months ago, Independence County,

1:28:01Arkansas, located about 100 miles from

1:28:03Memphis and made partly atop the same

1:28:05Mississippi Embayment that draws water

1:28:07from Memphis's aquifer,

1:28:10voted unanimously to enact a 5-year

1:28:12moratorium on data centers, specifically

1:28:15citing the strain on their local water

1:28:16supply.

1:28:17They were not deterred by concerns about

1:28:19legalities or becoming an AI desert, nor

1:28:23were the 29 jurisdictions in Tennessee

1:28:24that have enacted moratoria, 12 of which

1:28:27have lower annual median per capita

1:28:28income than Memphis City proper.

1:28:32Whether people see annual median income

1:28:33as a factor of how strong an economy is,

1:28:36any discussion of the potential economic

1:28:38benefits of data centers in Memphis

1:28:40deserves greater scrutiny.

1:28:42Last year, XAI Colossus 1 paid a

1:28:45combined 24 and 1/2 million dollars in

1:28:47city and county property taxes, but per

1:28:49the Southern Environmental Law Center,

1:28:51the gas turbines of Colossus 2 are

1:28:53expected to cause more than 30 million

1:28:55dollars per year in environmental

1:28:57damages.

1:28:58Not only is the environment more

1:28:59important than the economy in general,

1:29:01but here's a specific mathematical

1:29:02example of how potential harms could

1:29:04outweigh potential benefits.

1:29:07I agree with Attorney Wade's ordinances

1:29:09about preferring wind over gas turbines,

1:29:12but given the number of nearby

1:29:13jurisdictions that have that have

1:29:14enacted moratoria of lengths between 18

1:29:17months and 5 years, I think that fears

1:29:19of Memphis missing out on permanent

1:29:21economic opportunities due to enacting a

1:29:2312-month moratorium are overblown. Thank

1:29:25you.

1:29:27>> Thank you. Amber Sherman and then Justin

1:29:30Pearson.

1:29:42>> My name is Amber Sherman. Um I sat

1:29:44through the work session today and I

1:29:46want to clear some of the misinformation

1:29:48that I constantly heard folks pushing.

1:29:50So, one of the main things I heard is

1:29:52that people think that the moratorium

1:29:53will stop the current data centers.

1:29:56Folks don't think that. Because I'm an

1:29:57organizer in this community, we've been

1:29:59organizing for almost a year now,

1:30:01holding community meetings, doing the

1:30:02work that actually you should have been

1:30:03doing as a city council.

1:30:05Canvassing the folks, phone banking, and

1:30:07letting them know what actually would

1:30:08happen with the moratorium. And that's

1:30:10why so many people showed up in support

1:30:12of it. They understand that it won't

1:30:13stop the data centers currently here.

1:30:15They also don't think that it's a ban on

1:30:16data centers like Councilman Jeff Warren

1:30:18told Richard earlier. And I think it's

1:30:20really trifling to lie on me and say

1:30:22that I've been spreading misinformation

1:30:23telling folks that this is a ban on data

1:30:25centers. I've never said that. I have

1:30:27told folks over and over again that this

1:30:28is a pause that we're asking for, aka a

1:30:31moratorium. I also noticed how y'all

1:30:34kept pushing zoning and needing to do

1:30:36this immediately and quickly, but that

1:30:39really just, you know, ignores the

1:30:40community voice. The main thing we have

1:30:42asked for is that our community be

1:30:44heard, that we are having community

1:30:46listening sessions, and that's why we're

1:30:47in support of Councilman Smiley's

1:30:49moratorium because then it will require

1:30:50studies to be done, and then also you

1:30:52would go into the community and hear

1:30:54from people. And I think it's really

1:30:56important because this is my dual

1:30:58inhaler that I have to carry now, and I

1:31:00don't have asthma. But last year I had

1:31:02to get an inhaler because the air

1:31:04quality is so bad in Memphis, and it's

1:31:06continued to get worser and worser after

1:31:09these data centers have come here. And

1:31:10so there are studies that need to be

1:31:12done on the air quality, the traffic

1:31:14studies y'all mentioned in the work

1:31:15session, the water and the use of that

1:31:17water because I shouldn't be using an

1:31:18inhaler.

1:31:20And it doesn't make sense that I Of

1:31:21course Of course I have insurance,

1:31:23fortunately, so I can afford the

1:31:24inhaler, but there's so many elders in

1:31:26Westwood and South Memphis that can't,

1:31:29that are at home and having extreme

1:31:30respiratory issues and cannot afford the

1:31:32medication they're telling me they have

1:31:33to have. This is a dual inhaler. It's

1:31:35like $800. That is an extremely

1:31:38expensive inhaler that I have to carry,

1:31:41and it's due to the air quality. My

1:31:42doctor said that the air quality has

1:31:44gotten worse and worse over the last 2

1:31:46years, and that's why I have to carry

1:31:47it. So do the right thing and pass the

1:31:49moratorium.

1:31:50>> Thank you. Justin Pearson, and then

1:31:52Keshawn Pearson.

1:32:12>> Um, chairwoman, if I may ask a question.

1:32:15I was told that there was some paperwork

1:32:17that said I might be banned from council

1:32:19meetings. Do you know anything about

1:32:20that?

1:32:22>> Yes.

1:32:23>> Okay, I have not received that, but I

1:32:25did want to get some clarification

1:32:26because it said that in the letters I've

1:32:29seen that I was being disruptive or

1:32:31whoever gets the letter is being

1:32:32disruptive. But I was not being

1:32:34disruptive. So, I just want to clarity

1:32:35there. I was just standing over there.

1:32:38Um, so I just want to see like who said

1:32:40that, what documentation they have. Some

1:32:42council members went live and you can

1:32:44see exactly what I was doing uh during

1:32:46that meeting. And so, I think the

1:32:48blanket letters out to people is not a

1:32:51good uh idea. And I think we really need

1:32:55to make sure that if you were trying to

1:32:57penalize people, that'd be equitable,

1:33:00that'd be fair, that'd be rooted in

1:33:01facts. But I just want to talk about

1:33:04that.

1:33:04>> but we do welcome comments.

1:33:06And we want the community to have input,

1:33:09but we want to have a professional uh

1:33:12meeting without bullhorns, without

1:33:14standing in chairs, and hollering and

1:33:15screaming. We want to be able to have a

1:33:18professional meeting.

1:33:20>> And chairwoman,

1:33:20>> So, there was some correspondence that

1:33:22was sent out and I'm more than happy to

1:33:24talk with you after the meeting to

1:33:26follow up.

1:33:27>> this is my last point on that and I do

1:33:28understand that this desire that folks

1:33:30have for decorum and things like that,

1:33:32but it can't come at the expense of a

1:33:35chilling effect on people's right to

1:33:36speak, right to have their first

1:33:38amendment and particularly, and I've

1:33:40seen this at the state house, after the

1:33:43body goes into recess for people to be

1:33:45penalized after the fact is no longer a

1:33:48disruption of a public meeting because

1:33:49the public meeting had officially ended.

1:33:51But if charges or something like that

1:33:52were being brought, that would be

1:33:53different.

1:33:54>> why we had to go into recess because it

1:33:56was so chaotic.

1:33:57>> I do understand what you're saying, but

1:33:58I'm just saying for me

1:34:01even the comments that I made at the

1:34:03end, no one was up here because the

1:34:05meeting was completely over with.

1:34:08>> Thank you.

1:34:09>> Thank you. So, to my comment for today,

1:34:12I again am concerned about

1:34:15the chilling effect that we're having on

1:34:17the public to be able to express and to

1:34:19speak about the concerns that they have

1:34:21and and to the people who

1:34:24are elected. As an elected official, our

1:34:27job, right, is to represent the people

1:34:30and we must never forget that we work

1:34:32for them. It is not the other way

1:34:33around. For 855 days since the

1:34:37announcement of Elon Musk being in our

1:34:38community, Westwood, Boxtown, Whitehaven

1:34:42now have been under siege by this

1:34:44billionaire seeking his profits over

1:34:46people. And the facts remain that our

1:34:49cancer risk is 4.1 times the national

1:34:51average, that we have an F in air

1:34:53quality.

1:34:54>> Thank you.

1:34:54>> And the [clears throat] need

1:34:55>> I've been courteous, but your time is

1:34:56up.

1:34:57>> Oh, I'm sorry. I was I thought our

1:34:59dialogue was was not included in that

1:35:02time.

1:35:03No, sir. Cuz that's what I was asking

1:35:05you at the beginning.

1:35:06>> Oh, no, sir.

1:35:07>> Okay. Well, can I just finish these last

1:35:09two sentences?

1:35:10Sorry about that. I really thought we

1:35:12were having a dialogue ahead of that.

1:35:13Thank you so much. I appreciate it. A

1:35:16pause is a signal to the community that

1:35:19this body is going to be intentional

1:35:21about taking time to actually meet with

1:35:23the community that is being impacted.

1:35:25That's the job. That's what a pause

1:35:27does. It says you're not going to have

1:35:29people who don't live in the community,

1:35:31who are not proximate making decisions

1:35:33about us without us.

1:35:35It's saying you will actually listen to

1:35:37the people. Thank you.

1:35:38>> Keshaun Pearson and then Isaac Green.

1:35:48>> [laughter]

1:36:01>> I like Keisha and Pearson 38109

1:36:04executive director of Memphis Community

1:36:05Against Pollution.

1:36:06It has been 2 years.

1:36:092 years of community meetings, 2 years

1:36:11of writing letters, 2 years of the

1:36:13Southern Environmental Law Center

1:36:15presenting information to this body. 2

1:36:18years.

1:36:21It's been nearly 3 months since this

1:36:24legislation was first brought to you.

1:36:26Three.

1:36:28And to practice political dilution

1:36:32by bringing forward more

1:36:34legislation

1:36:36that is corrosive

1:36:39that does not serve what the people have

1:36:41continued to ask for

1:36:43is ridiculous.

1:36:44What

1:36:45the community has continued to demand

1:36:47has continued to demand from you all

1:36:50is a pause on data centers that prevents

1:36:53Elon Musk and XAI from continuing to

1:36:56build and establish more of a footprint

1:36:59in this city.

1:37:01That is not too much to ask.

1:37:06Where are your alliances?

1:37:09On October 20th

1:37:12the expectation is that the folks who

1:37:14elected you

1:37:17will be who you align yourselves with.

1:37:19We've talked about the pollution. We've

1:37:21talked about how much water is being

1:37:22used. Our our rates for electricity

1:37:25continue to skyrocket.

1:37:28What will you do?

1:37:30How will you answer?

1:37:32How will you meet this moment?

1:37:34So far

1:37:36it has been a complete failure.

1:37:39And the people of the city of Memphis

1:37:41deserve better.

1:37:43Thank you.

1:37:46>> Thank you. Our last comment card is Mr.

1:37:48Isaac Freeman.

1:37:52>> Good evening.

1:37:53>> Good evening.

1:37:54>> I'm [clears throat] Isaac V. Freeman the

1:37:56III, and I am the former president of

1:37:59Tennessee Young Democrats.

1:38:02I took a break from working in politics

1:38:05for about 3 years because I wanted to

1:38:09decompress from everything that was

1:38:11going on.

1:38:13But,

1:38:15when I learned that we had a data center

1:38:17entering into the city of Memphis, I had

1:38:20a little pause.

1:38:22And as the president of Tennessee Young

1:38:25Democrats uh during my term,

1:38:28>> [snorts]

1:38:29>> I always tried my best to advise

1:38:32political officials of what is it that

1:38:35they should do as they are leading and

1:38:38serving their community.

1:38:40And my advice is always to lead with an

1:38:45open mind and an open heart.

1:38:48But, as a citizen here in Memphis,

1:38:53I am not seeing that currently. And so,

1:38:55I am absolutely disturbed.

1:38:58Right?

1:38:59We have over 600,000

1:39:02residents here in the city of Memphis.

1:39:05Many of those are suffering from

1:39:09ailments and new ailments because of the

1:39:12poor air quality here in Memphis.

1:39:16Why is that? That is because of the

1:39:19overarching

1:39:21poor legislation that we have not passed

1:39:24regarding air quality.

1:39:27We're having a discussion about data

1:39:30centers, but the overarching issue that

1:39:33we need to address is the air quality

1:39:36environmental justice that we have not

1:39:39addressed

1:39:40here in the city.

1:39:42We have people for decades, industries

1:39:45for decades that have been here

1:39:47affecting the air quality. So, yes,

1:39:49let's pass the moratorium, and then also

1:39:53let's look at policies that you all can

1:39:55pass

1:39:56>> [snorts]

1:39:56>> that will help the citizens with better

1:40:00air quality here. Thank you.

1:40:09>> Thank you. That concludes our meeting. I

1:40:10will entertain a motion to adjourn.

1:40:14Been moved by Councilman Smiley, second

1:40:15by Councilwoman Walker. Thank you all

1:40:17for coming out. Have a great

1:40:18[clears throat] evening.