Memphis City Council: October 6, 2026

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----: [music]

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----: United Baptist Church invited by Councilwoman Cooper Sudden. Pastor Hunter, if you would please lead us in prayer. We will follow the prayer with the pledge of allegiance.
----: Shall we pray? God, thank you for life and liberty today. We thank you for who we are. God, you woke us up this morning and we are in our right minds, which means that you have been better to us than we have ever been to ourselves. You've allowed us to make it to this place without incident or accident. You've blessed our entire day. And now, Lord, we gather here. Decisions will be made. things will be said, God, that no matter what seems to go out of control is always under your control. And so, God, because we must keep you first in everything that we do, we know that you will reign, rule, and have regency in this place on today, Lord, that despite no matter what decision is made, we know that all things work together for good to them that love the Lord and are called according to your purpose. And so today, Lord, we pray purpose. We pray the possibility for we know that your word says with you all things are possible if we believe. And so God, whatever you allow, it still will work for our good. Whatever decision is made, it still will work for our good. Show us. Give us the wisdom and understanding right now, God. If there be any who have any evil or thoughts are contrary to your will, we bind it now in the name of Jesus. God, we worry not about anybody's thoughts, anybody's harsh words. God, we move forward. We pray peace now in the midst of this meeting. God, we know that you're going to show up and show out. God, even if it doesn't go in the favor of those either way, one way or the other, you still get the glory. You still get the praise. and you are still in control. And so Lord, remind us each and every day that we must remain righteous. That we must remain righteous

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----: because if we remain righteous, your word says the effectual fervent prayer of the righteous avaleth much. And so God, today those that are here that are righteous and have decisions to make, have choices to decide on. God, their prayers will avail much on today. And now we ask that you would guide those decision makers. guide them in the right heart, in the right mind, in the right peace. Guide these constituents who are here right now that God, you are not the author of confusion, but you bring peace. You reign right now. And so God, keep us together. At the end of the day, we must live together. At the end of the day, we must hold hands together and push forward because there are generations that are coming behind us. And so God, we pray now that you would lead and guide us in the direction that only you would have us to go. Give us the strength that we need to make it through the day. We trust and believe that everything that we are saying right now is not falling on the ears of a God who cannot hear, but of a God that hears and answers prayer. We pray this now in Jesus name. Amen. Amen. Thank you for that beautiful prayer. Councilwoman Cooper Sutton, you're recognized.
----: Thank you. the city of Memphis, Tennessee by the city council. Greetings. Be it hereby known that Pastor Percy Hunter in recognition of a life of exemplary qualities, outstanding service to the city involvement of humanitarian affairs and demonstrate concern for governmental process has been appointed the chaplain of the day

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----: of the Memphis City Council and is hereby entitled to all of the honors, rights, privileges appearing to this office and to display of this certificate given under this seal this sixth day of October 2026. Our chair, honorable chair Janna Swearing Washington and presented by Councilwoman Yolanda Cooper Sutton. Thank you, pastor. Thank you so much, Councilwoman Cooper Sudden. Thank you, pastor, for that beautiful prayer. Madame Controller, if you will please call the role.
----: Thank you, Council Member Canali
----: here.
----: Carlile
----: here. Cooper Sutton,
----: Easter Thomas,
----: Ford Green,
----: Logan,
----: Smiley,
----: Spinosa,
----: Walker,
----: Warren,
----: White,
----: Chairwoman, Swearington, Washington,
----: present.
----: Madam Chair, you have a quorum.
----: Thank you, Vice Chair Carile, I believe you reviewed the minutes.
----: Yes, Madam Chair. I review the minutes and find them to be in order and I move for the adoption of the September 15th, 2026 meeting minutes.
----: It's been moved by Vice Chair Carlile, been second by Councilman Canali. Madame Controller, if you will please prepare the screens to vote to approve the minutes for the September 15, 2026 meeting. Canali, yes. Carile, yes. Cooper,

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----: Sutton, yes. Ford, yes. Logan, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Please show Council Member Green as voting. Yes. Chairwoman Swearing from Washington, yes.
----: That item passes. Welcome to the October 6, 2026 regular meeting of the Memphis City Council. Meetings of the council shall be conducted in an orderly manner to ensure that the public has the full opportunity to be heard and the deliberate process of the council is retained at all times. Our staff has meeting agendas available upfront. Allison, raise your hand. as well as comment request cards for members of the public wishing to be heard on a specific item. All those wishing to speak on an item must turn in their comment card to staff before the item is called. If you are not here to speak on a specific item, you can note your request to give comment at the end of the meeting. As chair, I will recognize citizens that have properly registered to speak by submitting a completed com comment card to our staff member upfront. Members of of the audience and persons addressing the council will not be permitted to engage in gossip, make defamatory, personal or slanderous or profane comments, or use abusive or vulgar language. The chair of the council may maintain order by giving any persons who are in violation of the stated rules of decorum a warning to cease any violative conduct in order to leave the council chambers or by giving an order for security personnel to remove any disruptive person in the council's chambers who refuses to leave voluntarily. These rules are posted on the doors as you enter the chamber and as you pick up the comment cards. We will now start with our presentations. Madame controller, if you will please

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----: call item number one.
----: Item number one is a resolution honoring Hispanic Heritage Month. This resolution is sponsored by Councilwoman Easter Thomas and Cooper Sutton.
----: Councilwoman Easter Thomas and Councilwoman Cooper Sutton, you are recognized at this time. Okay.
----: Good afternoon, council and the city of Memphis who've joined us today. um as we are elated to on October 6, so before the end of the traditional 30-day memorandum, um to be able to honor and present this honorary resolution in honor of Hispanic Heritage Month. Um before we read this resolution into record, I would like to invite up with us uh four individuals. So, Maria Oha and Hella Guerrero with Visendario's 901 as well as Amy Castanon and Grel Maldonado with University of Memphis Hispanic Student Association and they can get up here. Whereas the Memphis City Council deems it fitting to recognize and celebrate the rich histories, cultures, traditions, and contributions of the Hispanic and Latino communities whose enduring influence has strengthened the city of Memphis and communities throughout the United States. Hispanic Heritage Month is observed annually from September 15th through October 15th and

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----: [snorts] honors the histories, cultures, and contributions of Americans whose heritage is rooted in Spain, Mexico, the Caribbean, Central America, and South America. Generations of Hispanic and Latino Americans have enriched the social, cultural, and economic fabric of our nation through their achievements and contributions in business, education, public service, the arts, sciences, healthcare, entrepreneurship, and countless other fields. Whereas the Hispanic and Latino community is an important part of the fabric of Memphis with individuals, families, entrepreneurs, organizations, and community leaders contributing their talents, traditions, perspectives, and service to the continued growth and vitality of our city. Whereas the Hispanic Heritage Month provides an opportunity to celebrate the diverse cultures and traditions represented throughout the Hispanic and Latino communities while recognizing the generation whose hard work, leadership, innovation, and service have helped shaped Memphis and our nation. And whereas the Memphis City Council proudly joins communities across the count the country in celebrating Hispanic Heritage Month and recognizing the many Hispanic and Latino Memphians whose contributions continue to strengthen our neighborhoods, enrich our culture, support our economy, and help shape the future of our city. Now therefore, okay, [clears throat] now therefore, be resolved that the M Memphis City Council hereby recognizes

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----: September 15th through October 15th as Hispanic Heritage Month and honors the history, heritage, achievements, and lasting contributions of Hispanic and Latino Americans to Memphis as well as the United States. And I'd like to invite up Miss Maria Seha to offer a few words. Thank you so much. Thank you so much, Councilwoman uh Cooper Sutton and Councilwoman um Easter Thomas. I'm really grateful that you all have taken the time to honor our Hispanic community here in Memphis. Um the Hispanic community here in Memphis is the largest growing demographic in Memphis and we have made many contributions to this city. Uh we have business owners in the audience. We have nonprofit or um executive directors. We have um people who deeply care about the progress of Memphis here. We have children here. And um and I'm definitely very grateful that you all are honoring our culture. And I'm also grateful that you all are taking the time today to also present a resolution standing against ICE because ICE has caused a lot of ICS [clears throat] has caused a lot of damage in our community in this last year. And um and the Hispanic community is honestly very very um harmed by their presence. And so I am very grateful that you all are honoring our culture, but also honoring our livelihoods and our commitment and our

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----: contributions to this city. So thank you all so much for taking the time to honor our communities today. Madame Controller, if you will please show that approved by acclamation. Please call item number two. Madame controller.
----: Item number two is a resolution approving [applause] item number two is a resolution approving an honorary street name change on stage road for Bishop Gregory M. Ascu Senior District 1, Super District 9. This resolution is sponsored by Councilwoman Logan. Councilwoman Logan, you're recognized. Good afternoon, Chairwoman and colleagues, and all those in attendance. It is my great honor and pleasure to recognize with along with my colleague um such an honorary um citizen in our community. I'm going to ask Bishop and his family to come up or those that are with you to come down and join us here at the podium. [snorts] Let's you all let's give him a hand.
----: Appreciate you all your good to see you. Thank you all for coming. Everyone, I just wanted to uh we want to take this time to uh give honor where honor is due. Bishop has been a beacon of light in our community and we and his entire family and we just wanted to recognize him today with this resolution. Whereas when worthy circumstances arise, the Memphis City Council has seen fit to name certain public roles to honor citizens who have served the city of

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----: Memphis and Bishop Gregory M. Escu Senior is certainly befitting of this great honor. And whereas Bishop Gregory M. Ascu Senior is a graduate of North Side High School, the University of Arkansas at Pineluff, and the University of Memphis. Bishop Escu is known for his academic achievements, compassion, wisdom, and unwavering faith, which gave him guidance, which guided him personally and professionally right here. Whereas, Bishop Gregory M. Matthew senior received his call to preach the gospel of Jesus Christ at 19. He served under the great
----: the great leadership of the late Bishop G.E. Patterson as an assistant pastor of Temple of Deliverance. In December 2001, Bishop J. L. Maynard, the jurisdictional prelude of Tennessee 4th, appointed him as pastor of Jubilee Church of God in Christ. Under his leadership, Jubilee has grown to over 600 active members. The Jubilee Church is a beacon of light in the Riley Bartlett area of Memphis, Tennessee. And where as Bishop Gregory M. Ascu Senior during the challenging economic trials of 2010 through 2013 under Pascar Ascu's leadership Jubilee Church of God in Christ led a free feeding program that provided food for the hungry. Thousands of Memphians and people from surrounding cities benefited from the free food given daily. Bishop Ascu's leadership has not only grown the church but also made a significant impact on the community providing hope and sustenance during difficult times. And whereas Bishop Ascu senior for more than 46 years has extended his ministry beyond the walls of the church. His [snorts] service has reached hospitals,

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----: schools, college campuses, law enforcement agencies, apartment communities, nursing homes, families in need, young people pursuing their education, and individuals facing some of life's most difficult circumstances. Now, therefore, be it resolved by the Memphis City Council that Stage Road between Coleman Road and Fargo Road be declared Bishop Gregory M. ask you senior street in honor of his exceptional contributions to the Memphis community. Be it for be it further resolved that the city engineer is requested to affix suitable signs designating this public road given by my hand under the great seal of the city of Memphis this sixth day of October. Ronda Logan, Councilwoman Rhonda Logan, Memphis City Council, District 1.
----: And we pardon me. Okay. And I'm going to ask you to say words at she after councilwoman uh Cooper Sutton she wants to be a part of this as well.
----: I remember when I first moved to Memphis Tennessee and I was invited to Temple of Deliverance founder for blessing. It was you. It was Dr. Charles R. Wallace. It was Elder Buckley, Antonio Buckley, and all of you were young, and I remember um just your demeanor, and it's [clears throat] still the same. As I see you stand here, you remind me so much of Bishop, your poise, your humility that I've seen you carried almost over these 30 years that I've been here. I've come to your church. I've watched you through your leadership under um Bishop Maynard in Nashville and I've watched you so humbly stay consistent and I just wanted you to know that you and your family, your wife, you all are beautiful. So, I've

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----: been watching you all for a very long time since I've been here in Memphis. So, thank you for all you've done and your love of Christ exemplifies as you glow. Let me first say giving God glory and honor. Who would have thought a boy out of North Memphis Smoky City would achieve such heights? And I am truly humbled for this opportunity. I want to thank the city council, Miss Logan, for the opportunity to serve this city and to appreciate the service that I've given. My father, who was a pastor for 48 years during his anniversary when they were raising money, he would announce following him receiving the money, I would have done this for free. I would have done this without my name being on the street. because I love this city and I love God's people. I have a few people with me. My 85year-old mother's here. She lived long enough to see this happen. My son, son-in-law, Kevin, Officer Kevin New House, who serves as Memphis police officer. To my daughter Shelanda and Sylvia. and to my grandson in the city, one of 10, Kevin Jamal New House third. My sister Kirsten who served the city and retired in the in law enforcement as well as brother Carl. I have a few church members and I give me 10 seconds. I'll be through. I have a few church members here. Let's make some noise. Jubilee.
----: Thank you so very much and keep us in your prayers. We're going to continue to serve this great city, the greatest city

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----: in the United States of America,
----: Memphis, Tennessee.
----: All right. as well as
----: Madame Controller, if you will show that as amended with same night minutes and that that item has been approved by acclamation. If you will please call item number three. Item number three is a resolution honoring the remarkable life and notable achievements of Dr. Murray Hamburg. This resolution is sponsored by Councilman Warren.
----: Councilman Warren, you're recognized at this time. Thank you, Madam Chair. We have been trying to bring this resolution uh to the council for a while. Um and I'll begin it now. Whereas on occasion, the Memphis City Council sees fit to memorialize those who whose remarkable lives leave a lasting impact on their families, the city of Memphis, and even the world. And Dr. Murray Heimberg is one such Memphian. And whereas growing up in Brighton Beach, New York, with a father stricken with Parkinson's disease, Murray Heimberg began working to support his family at age 10. Academically gifted and graduating from high school at 16, he nevertheless had to work to support his family by working on a farm for his instruction at Cornell. And whereas shortly after

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----: entering Cornell, Mr. Heberg enlisted in the US Army at age 18 years old and was assigned to the 84th Infantry Division where he was sent to the European theater of World War II. In late 1944, his unit was decimated in a [clears throat] fight with Nazi troops in the Rhineland region of Germany. The unit surrendered and a wounded Murray Heimberg was taken along with surviving unit members to a Nazi prison of war camp. And whereas Mr. Heimberg escaped from the prison camp shortly before the end of World War II and made his way to Russian lines. He was sent to a US camp in France where he met General Dwight D. Eisenhower and then back to the United States. Whereas after his discharge from military, Murray Heimberg returned to Cornell where he earned a master's degree. He was sent to a US camp in France where he met a master's degree and then went to get a PhD in biochemistry and nutrition from Duke University and he became an assistant professor at Vanderbilt and went on to get an MD in addition to his PhD. And whereas [snorts] Dr. Murray Heimberg chaired the department of pharmarmacology at the University of Missouri and then came to Memphis in 1980 to head the pharmarmacology department at the University of Tennessee Health Science Center. And whereas Dr. Murray Heinberg helped to prove cholesterol's effect on the body and create a field of medicine for the treatment of metabolic diseases. In 1985, he and one of his former physician trainees started the first lipid clinic in Tennessee. He would go on to practice medicine until retiring at age 91. Remember, he started at age 10, and continued consulting until shortly before his death. He passed away in November of 2025,

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----: two months shy of 101 years of age. And whereas despite his considerable achievements, Dr. Dr. Heimberg remained humble, consistently showing interest in his students, colleagues, and trainees. One colleague remembered that Dr. Heinberg's office was decorated with photographs of his trainees who were practicing medicine throughout the world. He was a devoted husband, a loving father, a kind neighbor, a generous donor to charities, and a wonderful patient. And now therefore, be it resolved that though ink and parchment are most inadequate to commemorate such a life of perseverance, achievement, and contribution to humanity, the Memphis City Council nonetheless does inscribe these words with honors as we [clears throat] respect and remember Dr. Murray Heimberg and commend his example to all the citizens of Memphis. Give him my hand this day. Jeffrey Warren, Memphis. On behalf of my family, I would like to thank and everyone here showing their patience for listening to the very unusual life of my father. We thank you very much and it's deeply appreciated. Madame controller, if you will please show that approval by acclamation.
----: Thank you, Madam Chair.
----: We will now move to the regular agenda items starting with item number 21. Item number 21 is an ordinance declaring

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----: a temporary moratorium on the acceptance, processing, approval, and issuing of zoning, land use, building, and other associated infrastructure permits for data center developments within the city of Memphis. Up for third and final reading, ordinance number 5982 is sponsored by council member Smiley Green, Swarington, Washington, and Easter Thomas. This was held from September 15th.
----: Attorney Wade, did you want to add some insight? U briefly, but I will defer to the council member who sponsors this u you know we introduced an ordinance that tried to incorporate all of the various proposals and I think it's on for consent and I holy heart we you know I'll let you do whatever you want to do as far as the moratorum is concerned but but I'd be willing to work with the council member if we can if He decides not to go forward.
----: All right. Let me get a motion.
----: No, he's saying
----: I know.
----: All right.
----: It's been moved by Councilwoman Green. Let me get a second.
----: Smiley.
----: Second by Smiley. Councilman Smiley. You're recognized.
----: Thank you, Madam Chair. Um, we've been um discussing data centers in the city of Memphis for quite some time. If you all remember, I think it was Councilwoman Cooper Sutton who was adamantly against um data centers in initial. Since that time, we've we've experienced a lot of I'm going be very direct um disrespect toward the community from particular data center

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----: um organizations without lacking community engagement and also that same um lack of transparency when it comes to elected officials. Subsequent to that, the council um sponsored um a moratorum for temporary data centers in our community. What happened today upstairs? Um since that time, well, since the original data center moratorum, Councilman Spinosa offered a data center framework. Councilman Warren offered uh some comprehensive zoning language. Then the following meeting, Councilwoman Logan brought forth um an ordinance directing the Division of Planning Development to create to bring back information about um what locations are feasible and also put in some zoning regulations. Subsequent to that, Attorney Wade looked at all of the ordinances and he offered what he believed to be a comprehensive um ordinance that addressing a lot of the issues dealing with with zoning. Here's my position and I know there's going to be a subsequent motion after I finish. My position is this. I think due to the lack of transparency and the lack of community engagement, when we have 200 plus people in a room that took many of who took off work for this body to make a decision that it'll be incumbent upon us to take a final vote today. [cheering] in a in a in [clears throat] a in in addition to that not just take a final vote because I think you know many people on this body truly want a good product and I told told members who contemplate a working session starting on Thursday that I'd be committed to that committed

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----: to having a working session where we try to put forth laws that govern these data centers that are expanding without being checked. But that doesn't mean that this body should say, you know what, let's pause. Let's let's not implement a temporary moratorum. So many countless hours have gone into organizing to getting people here because there it's one thing to talk about it on social media, but it's a different thing when you're knocking on doors in communities asking people what they believe about this. It's a different thing when you're standing at the corner near John P. Freeman, seeing the traffic go up and down the street. It's a different thing when you talk to um some of the more senior citizens in our community to talk about when they walk outside, they feel like they got to wear masks at night. That is problematic. So, I'm going to get out the queue. Um and you know, we have a some rules against being loud. I just want if you are in support of the moratorum, please stand up. Wait, let me
----: Excuse me. I got
----: Excuse me. Excuse me, y'all. Yeah, I appre I appreciate the the the anger and frustration you all are voicing. I've said multiple times that our government work best when there's active engagement from the people who call this city home. I just want us to take a brief moment and see so many people in our community from every part of this city is here because this matters. They're not asking this body to to put

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----: off this moratorum. They're asking this body to vote. We can take a vote today. We can have a working session Thursday. And just here, I think it was either Councilwoman Cooper Sudden or Councilwoman White or London. One, Councilwoman White or Logan who said there's something we didn't contemplate and it's not in the it's not in the moratorum. We can entertain a motion to amend it to include it or we can discuss it at the the working session on Thursday. We need a traffic study. We need to talk about how many people who are in the areas, whether their property values will be negatively impacted if these data centers continue to expand. There's a lot of stuff that this war form doesn't contemplate, but it doesn't prevent us from passing it today and then coming back here on Thursday and working to put forth and amend this current moratorum. So, you know, with that, I just ask this body to take a vote today and stand with the people. Councilwoman Green, you're recognized.
----: Thank you, Chair. Thank you, Councilman Smiley, for helping to get us together on this moratorum. As you know, I travel the state these days and there are a lot of other places that have already put in a moratorum. There are a lot of other places that have already put it in for 12 months or even 18 months because they see the harm that is happening around the country. But I'm just talking about in Tennessee and I'm really tired of Memphis being last. So I agree with you, Councilman Smiley, and with my colleagues that we need to be thoughtful. That is the whole point of the moratorum is for us to take a pause to get the community input which was overlooked completely

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----: by Elon Musk and XAI when they came in and to make sure that we get it right. Uh Councilman Smiley and I and Councilman White, we're lawyers and so we want to look at the nitty-gritty details. I too am happy to work with you to get that right. But in the meantime, we need to take a pause and this council needs to do its duty and to take a vote. [applause] guys. We appreciate you. But look, I don't want you to get cleared out of this

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----: I madam chair if I think we need to clear the room that they do this again.
----: I think so too.
----: Okay. Thank you. So
----: council
----: vice chair vice chair you're recognized everybody say
----: hey everybody represent Pearson. Thank you guys we somebody said we're here. Listen, this is an open forum. Like many of you are here all the time. I see a lot of professional advocates in the room that have people like help us out so that we can have an open debate here. Like this is an open meeting of the council. We are trying to execute the business of the body and you're making it very difficult. I know that you all came down here.
----: What?
----: Okay. I'm not going to have a dialogue with you. Like
----: I the reality is is I see people here all the time who are professional. What? What is it? Uh policy adviserss and
----: community organizer. Thank you. Profession I understand Amber, but you tell me all the time that you're a professional community organizer. That's literally your title. Like
----: I'm sorry. Excuse me. Semantics. Thank you. Now, here's the deal. Let's get through the meeting. What do you say? Let's not turn this in the general assembly. We're get people kicked out all the time. Don't you think, represent Pearson?
----: Like I'm not going to be threatened.
----: All right, that's it. Let's recess out of here. Uh
----: Easter Thomas, you recognize Counciloman Easter Thomas.
----: Madam Chair, I have finished.
----: I'm still I'm still trying to talk.
----: Madam Chair, I'm still I'm still in what I'd like to say.
----: Go ahead. Go ahead.
----: Okay. So, as a desert, an AI desert, we do not get the funds that we can get potentially from these coming in. We will, you know, it's not going to happen. It will go other places. And if we don't get something passed by January 1st, what will end up happening is the state will pass it and we won't get it at all. So I know that's hard to think about. But what we do is we pass regulations now. We then once they're in

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----: place, we can adjust the regulations. We can bring people in for conversation. And that's what I think we should do colleagues because doing a moratorum will do damage to our future and we have to think ahead. We can't just think of the next election. We can't just think of what's going to get the biggest crowds. We have to think of what's going to be best financially and best for all of our people as we move forward. So, so I would appreciate you voting the moratorum down for that reason so we can proceed because as Mr. Wade said, "Right now, we're limited in what we could do." He took all of our proposals. He put them together in something that was legal that we could do now that we could, you know, move in three in two more readings and it could be law and then we could take a DPD. It just makes sense for us to do it. So, I would urge you to vote down this moratorum is damaging to our city in the future. Thank you, Madam Chair.
----: Thank you, Councilwoman Easter Thomas. Thank you, chair. Um, it's so good to see the city of Memphis here today. Um, to the maker of this ordinance, wonderful job. Thank you for letting me co-sponsor. Um, I have three friendly amendments. Um, so if you'll hear them and accept them. So, I'm looking at the substitute ordinance 5982. I'm on page 1, two, three, four, section four for my first amendment. Um, that section is section four, study and permanent regulatory deliverables.
----: I'm here.
----: And it reads and I'm going to read it out so folks know what I'm saying. Um, but then also talk about the amendment. So it says during the mortorium period Memphis and Shelby County Division of Planning and Development working in coordination with MGW, the Shelby County Health Department, Memphis Fire

1:00:10

----: Department, Engineering Division, Public Works Division, EDG, IDB, and such other departments, agencies or entities may be appropriate. Shall I prepare recommendations for comprehensive permanent zoning and development regulations governing data centers and highdensity computing facilities? My friendly amendment for this section is after it lists EDGE IDB to add in three mandatory spots for the inclusion of environmental organizations and community organizations.
----: Love it. Keep moving.
----: Okay. Are y'all getting this? Whoever is capturing these amendments, y'all got it. Okay. Just making sure I don't want repeating. All right. Three spots mandatory to include environmental organizations and community organizations. Um that's section four. Next page, the paragraph before section five. At the end of section four, it says 180 and 90. I think you just that just needs to be cleaned up.
----: The end of section 4, right before section five. On the next page, it says 180. In parentheses, it says 90. Y'all got that? Okay. Now, right there, I want to add in Neither. I'm talking about the substitute 5982.
----: You're good, Rob. All right. So that's 180 and then that'll be changed in parenthesis. 180 or

1:02:12

----: I don't know which one is it. Is it 180 days or is it 90 days for recommendation?
----: It should be 90.
----: It should be 90 days but still amending for it to say monthly updates. Okay. To the count. Last amendment. Last amendment. Oh, I think that might be it. Oh, no. My last amendment. Last page. Uh, section 11 where it says duration. Currently it says except as otherwise provided herein the moratorum established by this ordinance shall remain in full force and effect until the earliest to occur of the following. Number one says 12 in parentheses 12 months following the effective date of this ordinance. My friendly amendment is to say 18.
----: Council smile.
----: Are you saying up to 18 months?
----: Yes. Currently it's 12. Let's go take it to 18.
----: I'm going objection
----: and this is my reasoning
----: with your objection, right? Um this is still this is in the section of um it still has that exit
----: exit framework
----: opportunity. Yeah, exit framework.
----: So maybe it'll all get done before then.
----: However, um in 12 months, it'll be a lot going on in 12 months. There'll be another election in 12 months. Uh, we don't want to get people distracted and unfocused. So that's why I'm saying 18.
----: All right. So, Madam Chair, can I could we talk?
----: You can.
----: All right. So, you want to make it We're on the last page.
----: Last page. Section
----: 12 months following the effective date of this ordinance.
----: And you wanted to make it 18 months.
----: Correct. But if we get together, have these meetings,
----: if we do what we got to do
----: and we do our do our job figured out in six months, get it all figured out in six months or three months.
----: That's what that's what the ordinance says.

1:04:13

----: Okay. Thank you. That was just a clarifying question. Thank you. Can you take the objection back?
----: Yeah, I'll remove my objection.
----: Thank you, Spinosa. Okay, that's all, Councilman Smiley, for that those three family amendments.
----: So respectful. I'm just glad you read it. Thank you. Thank you.
----: Councilman Walker, you're recognized.
----: Thank you, Madam Chair. So, for clarity, my concern is if we do 18 instead of 12. I don't want I want us to really be working on this to finish it up. And I feel like maybe subconsciously in the back of our minds if we know we got 18 months versus the 12 months. I don't want us to move slower.
----: You don't have 18 months.
----: We have now and we just said 90 days we're ask for recommendation um in section 4. So in 90 days we should be getting recommendations. 18 months is the moratorum.
----: Okay. Does that make sense?
----: I'm clear. Thank you. Just to highlight one other thing. I think this body also most of us agreed to start working session on Thursday. So it's not that u we're not going to be doing anything. I think is incumbent upon us to hear the people, but also making sure that the laws we put forth are um will pass legal muster, but also making sure that we are putting laws in place that actually protects communities and the city of Memphis.
----: Councilman Carlile, you're recognized.
----: Thank you. And sorry for earlier. I misspoke on the word. I was genuinely looking for the help of people that are here all the time to help regulate the crowd because they kind of know the flow. So, I'm sorry. I apologize genuinely. All right. The body met all day and has met several times. We typically read in three

1:06:14

----: readings and this is how our ordinances are made. I'm just speaking on behalf of what most of the members want to do, which is to continue to evolve and work on this. They are trying their best to work quickly is to appease the desire of other members to move quickly which is the idea of having a working session on Thursday to try and bring this to resolution. This is honestly I said this earlier and for those that aren't here often you had several members bring different ordinances and laws and then start to debate them and make them into a meaningful law. That's pretty important. Like it is the process. Like it shouldn't go that fast. Uh, I think the mayor said this and I'm sure he'd be willing to make a statement or or or sign an effective order, but like there's no one coming in the near term. So, we've got a little bit of time, not all the time in the world to work this out. And so, I'm going to move to hold 19, 20, 21, and 31. And if I miss one, please help me.
----: Objection
----: to the following me to the following meeting under the precipice. And I think I've got his commitment to convene if you if I could pass the floor to Councilman Spinosa just to affirm this that we're going to convene the planning and zoning meeting.
----: Councilwoman White brought this up in committee and I'm more than happy to I mean I'm just as the chair of planning and zoning we would have a meeting Thursday at 1. So that's plenty notice.
----: So less than 36 hours from now, right?
----: We're going to meet and and try and knock this thing out before
----: it's too important. Yeah. And again, I I said this upstairs. It's it's outcome driven. It's it's what are the long-term outcomes that we're trying to go for. And so, we're working on as a body and participate the public's participation, but at the end of the day, it's the 13 of us that have to make the decision and take those things into account. So, I know there's an objection. I think there was one more thing that needed to be addressed. Yes, the public comment cards. A lot of people came down to speak. this body and this chair can certainly afford the the public an opportunity to speak on the item still. But as far as action on the item, we need to work through this and we need to do it quickly and we're

1:08:14

----: almost towards the end of this thing. And respectfully, anybody that's asking for a vote today is just asking us not to finish doing the process because someone told them that it has to happen now and we've had three readings and all that stuff. It's just not what we want to do. I mean, we want to continue to work on the document. So, that's what we're that's what the motion is. If I could have a second
----: objection. I'm still in the queue. Councilwoman [clears throat] White, you're recognized.
----: Thank you, Madam Chairwoman. So, I have um and I think people were frustrated with me doing research and asking questions and some people for whatever reason thought that that meant that I was against a moratorum, which is really not the case. The reason that I spend the time that I do asking the questions that I do, researching and looking into things is because today you all are the loudest people in the room. That's for sure. But one day you may not be the loudest people in the room. And when I take a position of not hearing all sides, looking at all things, then we end up a lot of times with haphazard what I call sometimes um legislation that ends up not accomplishing what it is that we want to accomplish. Um environmental justice is something that is near and dear to me and my family. I've expressed that to some of you all personally. Some of you all know me and my family personally and know that you know many of my family members have been over there in South Memphis Riverside. Um and I was raised myself um around the corner from Crystal Palace. We debate what neighborhood that is specifically. But what I want to say is is that I've gone to all of the the Colossus one, the Colossus 2, and I too share the sentiments of many of the people on this body about what's going on over there by John P. Freeman, the um the residential area that certain things just should not be near schools and near residences. And I completely agree. Um and so with that I say um I am not I I believe and I do

1:10:18

----: have some uh friendly amendments and I think um earlier someone came up to me and they were asking about u my my reading of the moratorum in terms of it not having um funding and experts and those things and it's not that the moratorum as written right now doesn't have some deadlines. My concern is is that we leave here today with a ceremonious loud roar about passing a moratorum which is a pause and that's great and the moratorum ordinance does provide for some things to happen. However, just by way of my experience in government recently, I know that there needs to be more. There needs to be an administrator that is responsible for the dayto-day work of this uh study convening of people, there needs to be funding allocated um to this ordinance. And so in order for it to be able to move continuously and for us to be able to meet these deadlines and potentially to even hire and retain experts, um my colleagues have agreed to meet Thursday at 1 to have an actual working session. My concern is right now we have about four or five different ordinances before us. Many of them and I will say this to my colleagues. I know that we don't agree all the time, but I am really thankful for one for you all bringing this to the forefront. It's long overdue in terms of guard rails and two I'm thankful to my colleagues for bringing other proposed ordinances. I think just about everyone on this body brought some type of proposed ordinance or either an amendment to an ordinance. So, thank you all for doing that. I think that everyone on this body that our hearts are right. I know some people have been accused of this and that, but I'm telling you all, I have been working um with these individuals up here and and

1:12:18

----: for the most part, I will say that we are aligned on what direction we need to go with these data centers and guard rails. It's my position that we do need an actual working session, not to stop or delay a vote on a moratorum, but to come up with a product that does what it is that we need it to do. We need it to be meaningful. We need it to be impactful. It needs to not be just based uh on a pause, but it needs to have progress at the end of it. The other thing that I think that people need to understand and I wanted to be clear and I'll wrap up is that in terms of we still have a lot of work to do and that includes every person in this room. We have to put our minds together in terms of people power and figure out what do we do now because at this point some things can't be undone and a moratorum won't undo some of the things that we're dealing with and we need to be strategic. We need to be intentional and we need to be on one accord about how to help the people that are impacted. So with that, um, Councilwoman, I yield. Thank you,
----: Councilman Carile. And then Councilman Smileygan.
----: Oh, Logan. Okay. I'm sorry. Councilwoman Logan. Yes, Councilwoman Logan. Thank you for recognizing me and um thank you for For those that u y'all can do that. U what I would like to share is the the will the wheelhouse and the purview of this body is land use zoning sighting. Um contrary to what you all may believe we this body does not have jurisdiction over um the environmental issues. we do not have of the electricity in those areas. I don't want anyone to be deceived in thinking that um that is our purview. Our purview is

1:14:19

----: land use. And the way that Elamus, Colossal and any other data center was able to come to Memphis, purchase some property, open up a data center is because our zoning. We do not have safeguards to protect our people. Anybody can come here and as long as the zoning is what it is right now. We have not done our due diligence and for the last two years that is the undertaking that we have um have that we have initiated. However, that is what we should be accelerating what is under our purview which is land use. And most of you, I don't know if you know, but we're um right now undergoing a UDC upgrade, which is our zoning upgrade, which is um what determines what can be in your community, what can be around our natural resources. Our natural resources are what we have and what we should cherish. And our priority is to preserve those and to determine where these places should be. The ordinance that I did was solely to instruct our divisions and our government on protecting us. The moratorum, this is not about the moratorum. This is about even if you have a moratorum and you don't put those safeguards in place, someone else can come in your community, open up shop and open up whatever they want to, until we downgrade and fix our zoning and our our sighting, we're still going to be vulnerable. And so those are the things that as a body we need to address immediately. It it doesn't matter um what else is on the books. If you don't address your zoning and determine where you want things in your city, you're always going to be vulnerable to those that have money and power and can come in and do what they want to. So at the core of what we're responsible for, we're responsible for that. And that is what uh Councilwoman White mentioned today. and some of us who were looking

1:16:21

----: at everyone put work into these to these ordinances because that's what we do. We can write the law to protect you but we need something that is comprehensive not something that is popular but something that is comprehensive and protects the people and that's where I am and so with that I yield.
----: Councilman Smiley and then we're going to move to the cards.
----: All right. Thank you. Um I'm going to I just want to address a couple things. There are some concerns about whether or not it passed legal scrutiny. Nothing within this ordinance.
----: Thank you. Thank you. Thank you. There are some questions about, you know, the legalities of the moratorum. Anything that I'm a lawyer, I read. I graduated in the top third of my law school class. I understand this. But anything in the ordinance, the moratorum that could potentially be problematic from a legal standpoint, we put in the study committee. And as it relates to the funding that Councilwoman White mentioned and as it relates to a potential administrator that Councilwoman White mentioned, that is what the working session is for. If we ultimately determine that there there's a fiscal note attached, we're we're convening on Thursday. We can say you know what that is absolutely right. We can come back before this body at the next council meeting and amend it. That is the purpose of a working session and the purpose of legislation. We can amend it. We have the authority to make amendment. There is no such thing as perfect legislation. That's why we can always continue to change it. as it relates to what Councilwoman Logan said. I wholeheartly agree. Our purview is um zoning and site selection. That's why the moratorum talks about it particularly in section 4. Our goal is to put a framework in place, but also while we're working on

1:18:22

----: that framework, have meaningful community engagement and and bringing the experts in the room so we can make sure we get it right. Nothing about temporary pausing while we're getting it right is wrong, problematic, or anti-democratic. I actually think it's the most democratic thing we can do. Slow down and bring people into the room. Um, and I I don't want to talk too long. I would love to just, and this is just to to my buddy Councilman Carile. Um, here's my position on the hold. If if the body ultimately decides that they do not want a moratorum, the body can vote it down today. There is no point of holding if if there's no
----: somebody there's there is no point of holding this moratorum if there is no intent on voting on it. I think we can vote today and if it's we're voted up, I will be thrilled. If we voted down, I'd be extremely disappointed, but it doesn't mean I'm not gonna come work tomorrow. I think we should just go ahead and vote. There's no point of holding it. The community has been waiting very long time.
----: But with that, I digress. Yes, we got to vote on the hold first. Um, what I'm what the reason I'm having a conversation with council car about the hold is I don't know what purpose the hold serves.
----: We Let me I don't So I don't understand the purpose of a hole. If we don't want a moratorum, we can vote. I digress.
----: Councilwoman Cooper Sudden, you're recognized.
----: Thank you, Chairwoman. I have been for a pause on a moratorum

1:20:23

----: since day one since I found out about it. And I'm not uh uh please I want you all to respect this. I don't need no hand claps. I don't want no pat on the back cuz y'all will beat me up tomorrow if I say something or do something you don't want. I'm here about to speak truth because that's what you've been doing on social media. We do not. The engagement part is supposed to be and what I found out as far as me and everybody else out here, we need to learn how and where things lie and the way they go. DB uh DPD DPD should be handling engagement and we got to fix that because we have been doing that as a community person. I am in total agreement of the moratorum. But what I'm not in total agreement of, I wasn't at the table when this contract was signed with XAI. So let me say this here. Let me let me let me be clear. I don't know how this is going to go, but I've been very prayerful. I got calls from uh Representative Pearson. Thank you. I got calls from um Keshan. Thank you. I've been called crazy. Thank you. And I may be a little bit of that too since I've been up here. But however, there's a contract that's lingering out there. And not one person said anything about that contract that's ling out there. And I wasn't at the table. We were not at the table when they signed that contract. There was NDAs that was signed. And you better hear me and you better hear me loud and clear. I'm not going to jeopardize my life cuz I don't know what Britt Mayo, Ted Townson that disappeared, and anybody

1:22:23

----: else that was up here that was ruining them on and cutting my mic off during that time. Now, you may not like what I'm about to say, but I'm truth to power on everything that I do. And sometime I don't say it in the best way, but one thing I do, one thing for certain and two for show. It's a contract out there. And we got a trillionaire sitting out here. And I don't know what they done said to him or what the consequences are behind this moratorum action. They sitting up here. I don't know. I'm for it. But let me tell you something. You're not gonna put my life in danger neither because the threats are real.
----: You understand me? I don't throw a rock and hide my hand. Now, where's the contract that was signed with the NDA? What What have they said behind the door that we don't know? And listen to me. This whole probably gonna pass. Listen to me clearly. But there's a contract out there. And not one not one of you all asked for the contract. You ain't asked for the contract. And I'm asking for it because you ain't going to put my life in danger.
----: Because guess what? The trillionaire here. And before we close our eyes and open our eyes, the county over there already in trouble.
----: Robert, our church had to buy our charter. You let him in. You let him in and he here now. [clears throat]
----: He here now and he regulating. So what happens is this was what happens. Brent Mayo walked away. Matt Dunn has been here from Space XAI. He's from government affairs. I ain't hiding nothing from nobody.
----: Him and Jordan has been here. I met with him talking to them trying to fill them out where they at.

1:24:24

----: where they at. I said it. But you better be careful cuz you're dealing with a trillionaire in this in this in this in this city that's here right now. And it's some stuff that went on. It was more money going out than it was coming in when XAI was here. Now XAI and space XAI are the same people.
----: I don't know how this moratory going to go 18 months. It don't take 18 months to get right what we need to get right. We should have been working from day one getting things done. I talked to a lady in Boxtown last night. Talked to been over in two lane. That's what Smiley talking about. He told me you going to have to put your shoes on and get in the streets. And I did. Stood on the corner Sunday. I saw the video. I heard what they said. Yeah, I sure do be on Facebook. But I'm trying to get us to understand this. There's a contract out there. And I don't know what was said in the contract. Did you hear what I said? Cuz I didn't sign the NDA and I didn't take the money. I'm not going to fall in the trap. I'm not I'm not about to fall in no trap with none of this stuff up here. Cuz at the end of the day, it's a contract out there and some NDAs was signed, but we going to do the work that needs to be done cuz that's all I've been saying since I said no to the water treatment plant. I know we needed one, but they gave us some leverage. But they gave our leverage away. They did it. And I'm going to say this here, and you can quote it and unquote it, but I'm sick of people with balls like quills. Either we going to do it or we not going to do it.

1:26:25

----: But y'all need to understand this. It's a contract out there that I haven't read. You don't know what's in it. And I don't know what's on the mind of that man that's here at SpaceXi. And these people up here that's saying putting a hole on it. We trying to do it to save our own lives. You may not want I live in 3A 109. I LIVE SEVEN MILES from Colossians 2. So, think about what we're doing here. I want you all to think long and hard. I think I told Miss Rucker that it's a contract out there. And y'all don't know what's in the contract cuz you wasn't there to say it. They didn't hold a meeting. They didn't invite us. And so, if the whole passes, I'mma vote for the whole until they bring me the contract. Now, if you don't bring me the contract, cuz I don't know what's in the contract, and for all I know, you done sold this city. Now, you can get mad, you can call me crazy, you can say whatever you want to say. I got took in the back. You don't make no threats to me and tell me what I better do and got to do.
----: If I don't sit here, BUT THESE FOUR YEARS, GUESS WHAT? I FOUGHT a good fight here.
----: I yield. Councilwoman [clears throat] White, are you still in the queue?
----: Yes, ma'am. I got back in the queue.
----: Councilwoman White,
----: did you want to say something? Counciloman White.
----: Yeah, I'm I'm back in the queue.
----: Councilwoman White,
----: I'm sorry. It's It's fine, Madam Chairwoman. I I just wanted I just wanted to say and and I appreciate the I appreciate of course everyone here and I always appreciate um and respect councilwoman Cooper Sutton but what I will say is and I don't know who contract NDAs those things and I

1:28:26

----: don't know what I can't speak for what other people have done and those things but I will say that since I have been on this body which I would believe it would have been during my time or tenure and I think probably this applies for a lot of people is I think we have to be clear in our speech because there is so much public distrust and I understand why because in a many areas there is a lack of transparency but I will say that I'm not familiar with any contract and have not signed any NDA um and have not taken any money. I know my salary. I know what I make at my law firm and I'm fine with that. But what I will say is is that we do have to be careful in the the way that we speak being that um you know with this body. I just I don't believe that that's the case with this body. And so I just want us to be careful with what we put out there. And I don't know who you know who you're speaking to anything. I don't want to speak for you, but I just want us to to clarify that. Thank you.
----: I didn't say you.
----: Yeah.
----: Okay. Thank you.
----: I didn't accuse you. No, I got to be truthful with my stuff.
----: Wait, wait, wait.
----: Cuz I got to lay down at night and go to sleep.
----: Madam Chair,
----: you're not in the queue.
----: I know it.
----: I'm going to get Carlile, you're recognized, Carlile.
----: Thank you, Madam Chair. Colleagues, we've had a lot of debate. We We I see Councilman Walker, I'll do my best. Can you hear me?
----: No. Can you hear me now? Yes. No. Okay. the the we've had a lot of good debate. Everybody's getting charged. Everybody's getting charged up. I think we need to bring this thing back. We have a motion on the table to hold items 19, 20, 21, and 31 to go into a working session and to bring them back on October 20th. And the motion's been properly seconded. I move the previous question.

1:30:33

----: Councilwoman Walker, you're in the queue.
----: Thank you, Madam Chair. I have some notes here that I prepared and I wanted to share. So, first of all, I want to thank everyone for coming out today. Um, I want to speak to first the $10.3 million that's sitting on the table and for some reason we hadn't been able to vote for it, vote on it. Um, it's supposed to come on the 20th, but I don't know. And what I'm talking about is the community benefits ordinance. So, we've been waiting three months to vote on the appropriations from the first year of the tax revenue from the first XAI facility. And that's 25% of the personal and property taxes, which came to $3.2 million to be spent directly into the community that's within a fivem radius of the first location. And for some reason, we haven't been able to vote on that. And although I support this moratorum, there are some things about this process that concern me. And now it's time to vote on the second year's appropriation of personal and property tax from the two locations, the first location and the Tulain location, which is $7 million to be spent directly into the two locations within a 5m radius of Memphis. So together, that's 10.3 million. And if I'm the only one that's talking about it, and barking about it, I'm okay with that. But I just want you all to know that that's what we should have been voting on first is the money that's been set aside to go directly into the into the communities to help and support the communities. I support responsible energy choices to ensure clean, safe, and healthy communities. We

1:32:34

----: must slow down the mad rush of AI data center development by slowing down the process for these data centers to interconnect to the grid, slowing down the buildout of expensive generation to meet its projected load so that Memphians don't get burned in the process. This issue is personal to me. I live closer to a data center than any member on this body. The SpaceX facility on two lane although it's not in district three is on the district three borderline the railroad track is just and Cooper Sutton is close and Ford is close as well but the space XAI facility on two-lane road is just a couple of miles from my home four miles from Graceland the second most visited home in the United States and six miles from the Fred Smith airport. Whatever is being released in South Haven, if it's blowing north, it's blowing into Memphis. If it's blowing northeast, it's blowing into White Haven and it's blowing into District 3. Whatever is going on down there, it is affecting us as well. This massive projected buildout
----: isn't some distant or hypothetical ideal. They are built in our built near many of our homes and the communities that I serve. The one that's coming to the old Fred's building on Getwell, that's in my district, too. Data centers have gone from making up 1% of TVA's industrial load in 2019 to 19% in 2025. That's an increase of 18%. In a February letter to MLGW and other local power companies, TVA described

1:34:34

----: this load growth as TVA described this now as unpredictable and very large, rapidly scaling while stating that the TVA electric system is already constrained. To serve this load, TVA is undertaking what former TVA CEO Don Mole characterized as the largest capital program in TVA's history. The current rush to build data centers is a market that is highly speculative and volatile. If the demand from these expected facilities fail to materialize or if they don't last because they're moving fast like they did in Silicon Valley, we don't know what lies in the future. They could go defunct or just like they stopped on the wastewater facility. But I'm trusting the process that that still will take place because we do need it. And the risk to local residents has already been stated many times and I know we're going to hear that in public comments. But from the massive amounts of air pollution from burning the fuel to power data center operations, diminishing water resources, noisy neighborhoods, from the mechanical hum of these facilities, and I'm almost finished, Madam Chair, but the paperwork does say I have five minutes. communities bisected by massive industrial facilities that are extremely difficult to repurpose in jobs displaced by computers. We should not commit the city to decades of costly infrastructure before the public knows who will pay, who will profit, who will bear the environmental and economic risk. Thank you, Madam Chair. I yield the floor.
----: Thank you. All right. So now the item on the table right now

1:36:36

----: is special item number one to hold item number 19 20 21 and 31 has been moved and second. Please prepare the screen for the vote. Madam Control, if you will please prepare the screen. Council, please cast your vote.
----: Canali. Yes. Carile. Yes. Easter Thomas, no. Green, no. Logan, yes. Smiley, no. Spinosa, yes. Walker, no. Warren, yes. White, yes. Chairwoman swearing in Washington, no.
----: Pardon me. Cooper.
----: Yes. Please show Cooper Sutton voting as yes, please.
----: That item passes.

1:38:39

----: Thank you.
----: That item will be held.
----: Are we still going to do these?
----: Uhuh. Uhuh. Uhuh. Uh-uh. Those items will be held. Those items will be held. We're going to have to have a recess.
----: We're going to recess the meeting.
----: Item is in recess. M meeting is in recess. That's not true. That's misleading. Can we have order?
----: That's not
----: officers. We need to clear it out.
----: Where are officers at? They in the back. Get that bullhorn. [cheering]
----: Clear out the auditorium.
----: CALL THE POLICE. THE POLICE. THE POWER OF PEOPLE

1:40:45

----: out Ain't no FIGHT BACK. Ain't no PEOPLE [screaming]

Gov901

Memphis City Council: October 6, 2026

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