2026-10-06 - Memphis City Council

00:13[music]

16:06United Baptist Church invited by

16:08Councilwoman Cooper Sudden. Pastor

16:11Hunter, if you would please lead us in

16:12prayer. We will follow the prayer with

16:15the pledge of allegiance.

16:18>> Shall we pray?

16:19God, thank you for life and liberty

16:21today. We thank you for who we are. God,

16:24you woke us up this morning and we are

16:26in our right minds, which means that you

16:28have been better to us than we have ever

16:30been to ourselves. You've allowed us to

16:32make it to this place without incident

16:34or accident. You've blessed our entire

16:37day. And now, Lord, we gather here.

16:40Decisions will be made. things will be

16:42said, God, that no matter what seems to

16:45go out of control is always under your

16:48control. And so, God, because we must

16:50keep you first in everything that we do,

16:53we know that you will reign, rule, and

16:55have regency in this place on today,

16:58Lord, that despite no matter what

17:00decision is made, we know that all

17:02things work together for good to them

17:05that love the Lord and are called

17:07according to your purpose. And so today,

17:09Lord, we pray purpose. We pray the

17:12possibility for we know that your word

17:14says with you all things are possible if

17:18we believe. And so God, whatever you

17:21allow, it still will work for our good.

17:23Whatever decision is made, it still will

17:26work for our good. Show us. Give us the

17:28wisdom and understanding right now, God.

17:30If there be any who have any evil or

17:34thoughts are contrary to your will, we

17:36bind it now in the name of Jesus. God,

17:39we worry not about anybody's thoughts,

17:42anybody's harsh words. God, we move

17:44forward. We pray peace now in the midst

17:47of this meeting. God, we know that

17:49you're going to show up and show out.

17:51God, even if it doesn't go in the favor

17:53of those either way, one way or the

17:56other, you still get the glory. You

17:58still get the praise. and you are still

18:00in control. And so Lord, remind us each

18:02and every day that we must remain

18:04righteous. That we must remain righteous

18:07because if we remain righteous, your

18:08word says the effectual fervent prayer

18:11of the righteous avaleth much. And so

18:13God, today those that are here that are

18:15righteous and have decisions to make,

18:18have choices to decide on. God, their

18:20prayers will avail much on today. And

18:23now we ask that you would guide those

18:26decision makers. guide them in the right

18:28heart, in the right mind, in the right

18:30peace. Guide these constituents who are

18:33here right now that God, you are not the

18:36author of confusion, but you bring

18:38peace. You reign right now. And so God,

18:41keep us together. At the end of the day,

18:43we must live together. At the end of the

18:46day, we must hold hands together and

18:48push forward because there are

18:50generations that are coming behind us.

18:52And so God, we pray now that you would

18:54lead and guide us in the direction that

18:55only you would have us to go. Give us

18:57the strength that we need to make it

18:59through the day. We trust and believe

19:01that everything that we are saying right

19:03now is not falling on the ears of a God

19:05who cannot hear, but of a God that hears

19:08and answers prayer. We pray this now in

19:11Jesus name. Amen. Amen.

19:31Thank you for that beautiful prayer.

19:34Councilwoman Cooper Sutton, you're

19:36recognized.

19:43>> Thank you. the city of Memphis,

19:45Tennessee by the city council.

19:48Greetings. Be it hereby known that

19:50Pastor Percy Hunter in recognition of a

19:54life of exemplary qualities, outstanding

19:58service to the city involvement of

20:00humanitarian affairs and demonstrate

20:03concern for governmental process has

20:05been appointed the chaplain of the day

20:08of the Memphis City Council and is

20:11hereby entitled to all of the honors,

20:14rights, privileges

20:17appearing to this office and to display

20:20of this certificate given under this

20:23seal this sixth day of October 2026. Our

20:27chair, honorable chair Janna Swearing

20:30Washington and presented by Councilwoman

20:33Yolanda Cooper Sutton. Thank you,

20:35pastor.

20:50Thank you so much, Councilwoman Cooper

20:52Sudden. Thank you, pastor, for that

20:53beautiful prayer. Madame Controller, if

20:55you will please call the role.

20:57>> Thank you, Council Member Canali

21:00>> here.

21:01>> Carlile

21:02>> here. Cooper Sutton,

21:05>> Easter Thomas,

21:08>> Ford Green,

21:11>> Logan,

21:12>> Smiley,

21:14>> Spinosa,

21:15>> Walker,

21:17>> Warren,

21:18>> White,

21:20>> Chairwoman, Swearington, Washington,

21:22>> present.

21:23>> Madam Chair, you have a quorum.

21:26>> Thank you, Vice Chair Carile, I believe

21:28you reviewed the minutes.

21:31>> Yes, Madam Chair. I review the minutes

21:32and find them to be in order and I move

21:33for the adoption of the September 15th,

21:352026 meeting minutes.

21:37>> It's been moved by Vice Chair Carlile,

21:40been second by Councilman Canali. Madame

21:43Controller, if you will please prepare

21:44the screens to vote to approve the

21:47minutes for the September 15, 2026

21:50meeting.

22:06Canali, yes. Carile, yes. Cooper,

22:09Sutton, yes. Ford, yes. Logan, yes.

22:13Smiley, yes. Spinosa, yes. Walker, yes.

22:16Warren, yes. White, yes. Please show

22:20Council Member Green as voting. Yes.

22:23Chairwoman Swearing from Washington,

22:25yes.

22:26>> That item passes. Welcome to the October

22:296, 2026 regular meeting of the Memphis

22:32City Council. Meetings of the council

22:35shall be conducted in an orderly manner

22:38to ensure that the public has the full

22:40opportunity to be heard and the

22:42deliberate process of the council is

22:44retained at all times. Our staff has

22:47meeting agendas available upfront.

22:51Allison, raise your hand. as well as

22:54comment request cards for members of the

22:56public wishing to be heard on a specific

22:59item. All those wishing to speak on an

23:01item must turn in their comment card to

23:04staff before the item is called. If you

23:07are not here to speak on a specific

23:09item, you can note your request to give

23:12comment at the end of the meeting. As

23:14chair, I will recognize citizens that

23:16have properly registered to speak by

23:19submitting a completed com comment card

23:21to our staff member upfront. Members of

23:24of the audience and persons addressing

23:27the council will not be permitted to

23:29engage in gossip, make defamatory,

23:32personal or slanderous or profane

23:34comments, or use abusive or vulgar

23:37language. The chair of the council may

23:40maintain order by giving any persons who

23:42are in violation of the stated rules of

23:45decorum a warning to cease any violative

23:49conduct in order to leave the council

23:52chambers or by giving an order for

23:54security personnel to remove any

23:56disruptive person in the council's

23:58chambers who refuses to leave

24:00voluntarily. These rules are posted on

24:02the doors as you enter the chamber and

24:04as you pick up the comment cards. We

24:07will now start with our presentations.

24:09Madame controller, if you will please

24:11call item number one.

24:12>> Item number one is a resolution honoring

24:15Hispanic Heritage Month. This resolution

24:18is sponsored by Councilwoman Easter

24:20Thomas and Cooper Sutton.

24:23>> Councilwoman Easter Thomas and

24:25Councilwoman Cooper Sutton, you are

24:28recognized at this time.

24:47Okay.

24:49>> Good afternoon, council and the city of

24:51Memphis who've joined us today. um as we

24:55are elated to on October 6, so before

24:58the end of the traditional 30-day

25:01memorandum,

25:03um to be able to honor and present this

25:06honorary resolution in honor of Hispanic

25:09Heritage Month. Um before we read this

25:11resolution into record, I would like to

25:15invite up with us uh four individuals.

25:18So, Maria Oha and Hella Guerrero with

25:22Visendario's 901 as well as Amy Castanon

25:27and Grel Maldonado with University of

25:31Memphis Hispanic Student Association

25:43and they can get up here.

25:48Whereas the Memphis City Council deems

25:50it fitting to recognize and celebrate

25:51the rich histories, cultures,

25:53traditions, and contributions of the

25:56Hispanic and Latino communities whose

25:58enduring influence has strengthened the

26:01city of Memphis and communities

26:02throughout the United States. Hispanic

26:06Heritage Month is observed annually from

26:08September 15th through October 15th and

26:12[snorts] honors the histories, cultures,

26:15and contributions of Americans whose

26:18heritage is rooted in Spain, Mexico, the

26:20Caribbean, Central America, and South

26:23America.

26:25Generations of Hispanic and Latino

26:27Americans have enriched the social,

26:29cultural, and economic fabric of our

26:31nation through their achievements and

26:34contributions in business, education,

26:37public service, the arts, sciences,

26:40healthcare, entrepreneurship, and

26:42countless other fields.

26:44Whereas the Hispanic and Latino

26:46community is an important part of the

26:48fabric of Memphis with individuals,

26:52families, entrepreneurs, organizations,

26:55and community leaders contributing their

26:58talents, traditions, perspectives, and

27:01service to the continued growth and

27:04vitality of our city.

27:08Whereas the Hispanic Heritage Month

27:11provides an opportunity to celebrate the

27:14diverse cultures and traditions

27:17represented throughout the Hispanic and

27:20Latino communities while recognizing

27:24the generation whose hard work,

27:28leadership, innovation, and service have

27:31helped shaped Memphis and our nation.

27:34And whereas the Memphis City Council

27:37proudly joins communities across the

27:42count the country in celebrating

27:44Hispanic Heritage Month and recognizing

27:48the many Hispanic and Latino Memphians

27:52whose contributions continue to

27:55strengthen our neighborhoods, enrich our

27:58culture, support our economy, and help

28:02shape the future of our city.

28:04Now therefore, okay, [clears throat] now

28:07therefore, be resolved that the M

28:10Memphis City Council hereby recognizes

28:13September 15th through October 15th as

28:18Hispanic Heritage Month and honors the

28:21history, heritage, achievements, and

28:23lasting contributions of Hispanic and

28:25Latino Americans to Memphis as well as

28:27the United States. And I'd like to

28:30invite up Miss Maria Seha to offer a few

28:32words.

28:56Thank you so much. Thank you so much,

28:58Councilwoman uh Cooper Sutton and

29:00Councilwoman um Easter Thomas. I'm

29:03really grateful that you all have taken

29:05the time to honor our Hispanic community

29:08here in Memphis. Um the Hispanic

29:10community here in Memphis is the largest

29:12growing demographic in Memphis and we

29:14have made many contributions to this

29:16city. Uh we have business owners in the

29:18audience. We have nonprofit or um

29:21executive directors. We have um people

29:24who deeply care about the progress of

29:26Memphis here. We have children here. And

29:30um and I'm definitely very grateful that

29:32you all are honoring our culture. And

29:34I'm also grateful that you all are

29:36taking the time today to also present a

29:38resolution standing against ICE because

29:41ICE has caused a lot of

29:53ICS [clears throat] has caused a lot of

29:54damage in our community in this last

29:56year. And um and the Hispanic community

30:00is honestly very very

30:04um harmed by their presence. And so I am

30:06very grateful that you all are honoring

30:08our culture, but also honoring our

30:10livelihoods and our commitment and our

30:13contributions to this city. So thank you

30:16all so much for taking the time to honor

30:18our communities today.

30:28Madame Controller, if you will please

30:30show that approved by acclamation.

30:33Please call item number two. Madame

30:36controller.

30:37>> Item number two is a resolution

30:39approving

30:41[applause]

30:45item number two is a resolution

30:47approving an honorary

30:50street name change on stage road for

30:54Bishop Gregory M. Ascu Senior District

30:581, Super District 9. This resolution is

31:01sponsored by Councilwoman Logan.

31:06Councilwoman Logan, you're recognized.

31:13Good afternoon, Chairwoman and

31:16colleagues, and all those in attendance.

31:18It is my great honor and pleasure to

31:21recognize with along with my colleague

31:24um such an honorary

31:27um citizen in our community. I'm going

31:29to ask Bishop and his family to come up

31:32or those that are with you to come down

31:34and join us here at the podium. [snorts]

31:38Let's you all let's give him a hand.

31:47>> Appreciate you all your good to see you.

31:50Thank you all for coming. Everyone, I

31:52just wanted to uh we want to take this

31:54time to uh give honor where honor is

31:56due. Bishop has been a beacon of light

31:59in our community and we and his entire

32:01family and we just wanted to recognize

32:03him today with this resolution. Whereas

32:06when worthy circumstances arise, the

32:09Memphis City Council has seen fit to

32:11name certain public roles to honor

32:13citizens who have served the city of

32:15Memphis and Bishop Gregory M. Escu

32:17Senior is certainly befitting of this

32:20great honor. And whereas Bishop Gregory

32:23M. Ascu Senior is a graduate of North

32:26Side High School, the University of

32:28Arkansas at Pineluff, and the University

32:30of Memphis. Bishop Escu is known for his

32:33academic achievements, compassion,

32:36wisdom, and unwavering faith, which gave

32:39him guidance, which guided him

32:41personally and professionally

32:45right here. Whereas, Bishop Gregory M.

32:48Matthew senior received his call to

32:51preach the gospel of Jesus Christ at 19.

32:55He served under the great

32:58>> the great leadership of the late Bishop

33:01G.E. Patterson as an assistant pastor of

33:05Temple of Deliverance. In December 2001,

33:10Bishop J. L. Maynard, the jurisdictional

33:14prelude of Tennessee 4th, appointed him

33:17as pastor of Jubilee Church of God in

33:19Christ. Under his leadership, Jubilee

33:22has grown to over 600 active members.

33:25The Jubilee Church is a beacon of light

33:28in the Riley Bartlett area of Memphis,

33:31Tennessee.

33:33And where as Bishop Gregory M. Ascu

33:36Senior during the challenging economic

33:38trials of 2010 through 2013 under Pascar

33:42Ascu's leadership Jubilee Church of God

33:44in Christ led a free feeding program

33:47that provided food for the hungry.

33:49Thousands of Memphians and people from

33:51surrounding cities benefited from the

33:53free food given daily. Bishop Ascu's

33:56leadership has not only grown the church

33:58but also made a significant impact on

34:01the community providing hope and

34:03sustenance during difficult times. And

34:06whereas Bishop Ascu senior for more than

34:1046 years has extended his ministry

34:12beyond the walls of the church. His

34:14[snorts] service has reached hospitals,

34:17schools, college campuses, law

34:19enforcement agencies, apartment

34:21communities, nursing homes, families in

34:24need, young people pursuing their

34:26education, and individuals facing some

34:28of life's most difficult circumstances.

34:31Now, therefore, be it resolved by the

34:33Memphis City Council that Stage Road

34:36between Coleman Road and Fargo Road be

34:38declared Bishop Gregory M. ask you

34:41senior street in honor of his

34:44exceptional contributions to the Memphis

34:46community. Be it for be it further

34:49resolved that the city engineer is

34:51requested to affix suitable signs

34:53designating this public road given by my

34:57hand under the great seal of the city of

34:59Memphis this sixth day of October.

35:03Ronda Logan, Councilwoman Rhonda Logan,

35:05Memphis City Council, District 1.

35:09>> And we pardon me.

35:15Okay. And I'm going to ask you to say

35:18words at she after councilwoman uh

35:21Cooper Sutton she wants to be a part of

35:23this as well.

35:24>> I remember when I first moved to Memphis

35:27Tennessee and I was invited to Temple of

35:31Deliverance founder for blessing. It was

35:34you. It was Dr. Charles R. Wallace. It

35:38was Elder Buckley, Antonio Buckley, and

35:42all of you were young, and I remember um

35:45just your demeanor, and it's

35:47[clears throat] still the same. As I see

35:49you stand here, you remind me so much of

35:52Bishop, your poise, your humility that

35:58I've seen you carried almost over these

36:0030 years that I've been here. I've come

36:02to your church. I've watched you through

36:03your leadership under um Bishop Maynard

36:07in Nashville and I've watched you so

36:09humbly

36:11stay consistent and I just wanted you to

36:14know that you and your family, your

36:16wife, you all are beautiful. So, I've

36:18been watching you all for a very long

36:20time since I've been here in Memphis.

36:22So, thank you for all you've done and

36:25your love of Christ exemplifies as you

36:27glow.

36:31Let me first say

36:34giving God glory and honor.

36:37Who would have thought a boy out of

36:39North Memphis Smoky City would achieve

36:42such heights?

36:44And I am truly humbled for this

36:47opportunity.

36:49I want to thank the city council,

36:53Miss Logan, for the opportunity to

36:57serve this city and to appreciate the

37:00service that I've given.

37:03My father, who was a pastor for 48 years

37:06during his anniversary when they were

37:07raising money, he would announce

37:09following him receiving the money, I

37:12would have done this for free.

37:15I would have done this without my name

37:16being on the street.

37:18because I love this city and I love

37:21God's people. I have a few people with

37:23me. My 85year-old mother's here. She

37:26lived long enough to see this happen.

37:34My son, son-in-law, Kevin, Officer Kevin

37:38New House, who serves as Memphis police

37:41officer. To my daughter Shelanda and

37:44Sylvia. and to my grandson in the city,

37:47one of 10,

37:49Kevin Jamal New House third. My sister

37:51Kirsten who served the city and retired

37:54in the in law enforcement as well as

37:57brother Carl. I have a few church

37:59members and I give me 10 seconds. I'll

38:01be through. I have a few church members

38:02here. Let's make some noise. Jubilee.

38:11>> Thank you so very much and keep us in

38:14your prayers. We're going to continue to

38:17serve this great city, the greatest city

38:19in the United States of America,

38:21>> Memphis, Tennessee.

38:24>> All right.

38:28as well as

38:31>> Madame Controller, if you will show that

38:33as amended with same night minutes and

38:36that that item has been approved by

38:38acclamation.

38:39If you will please call item number

38:41three.

38:45Item number three is a resolution

38:47honoring the remarkable life and notable

38:51achievements of Dr. Murray Hamburg. This

38:55resolution is sponsored by Councilman

38:57Warren.

39:06>> Councilman Warren, you're recognized at

39:08this time.

39:27Thank you, Madam Chair.

39:29We have been trying to bring this

39:31resolution

39:33uh to the council for a while. Um and

39:37I'll begin it now. Whereas on occasion,

39:40the Memphis City Council sees fit to

39:42memorialize those who whose remarkable

39:46lives leave a lasting impact on their

39:49families, the city of Memphis, and even

39:52the world. And Dr. Murray Heimberg is

39:56one such Memphian. And whereas growing

39:59up in Brighton Beach, New York, with a

40:02father stricken with Parkinson's

40:03disease, Murray Heimberg began working

40:06to support his family at age 10.

40:10Academically gifted and graduating from

40:12high school at 16, he nevertheless had

40:15to work to support his family by working

40:17on a farm for his instruction at

40:19Cornell. And whereas shortly after

40:22entering Cornell, Mr. Heberg enlisted in

40:26the US Army at age 18 years old and was

40:29assigned to the 84th Infantry Division

40:32where he was sent to the European

40:33theater of World War II. In late 1944,

40:38his unit was decimated in a

40:40[clears throat] fight with Nazi troops

40:42in the Rhineland region of Germany. The

40:44unit surrendered and a wounded Murray

40:47Heimberg was taken along with surviving

40:50unit members to a Nazi prison of war

40:52camp. And whereas Mr. Heimberg escaped

40:56from the prison camp shortly before the

40:58end of World War II and made his way to

41:01Russian lines. He was sent to a US camp

41:04in France where he met General Dwight D.

41:07Eisenhower and then back to the United

41:10States. Whereas after his discharge from

41:12military, Murray Heimberg returned to

41:15Cornell where he earned a master's

41:17degree.

41:19He was sent to a US camp in France where

41:22he met a master's degree and then went

41:25to get a PhD in biochemistry and

41:28nutrition from Duke University and he

41:30became an assistant professor at

41:32Vanderbilt and went on to get an MD in

41:36addition to his PhD. And whereas

41:38[snorts] Dr. Murray Heimberg chaired the

41:41department of pharmarmacology at the

41:43University of Missouri and then came to

41:45Memphis in 1980 to head the

41:47pharmarmacology department at the

41:49University of Tennessee Health Science

41:51Center. And whereas Dr. Murray Heinberg

41:54helped to prove cholesterol's effect on

41:57the body and create a field of medicine

42:00for the treatment of metabolic diseases.

42:03In 1985, he and one of his former

42:05physician trainees started the first

42:07lipid clinic in Tennessee. He would go

42:11on to practice medicine until retiring

42:13at age 91. Remember, he started at age

42:1610, and continued consulting until

42:18shortly before his death. He passed away

42:21in November of 2025,

42:24two months shy of 101 years of age. And

42:27whereas despite his considerable

42:29achievements, Dr. Dr. Heimberg remained

42:31humble, consistently showing interest in

42:34his students, colleagues, and trainees.

42:38One colleague remembered that Dr.

42:39Heinberg's office was decorated with

42:41photographs of his trainees who were

42:45practicing medicine throughout the

42:46world. He was a devoted husband, a

42:49loving father, a kind neighbor, a

42:52generous donor to charities, and a

42:55wonderful patient. And now therefore, be

42:58it resolved that though ink and

43:00parchment are most inadequate to

43:02commemorate such a life of perseverance,

43:05achievement, and contribution to

43:07humanity, the Memphis City Council

43:09nonetheless does inscribe these words

43:11with honors as we [clears throat]

43:13respect and remember Dr. Murray Heimberg

43:16and commend his example to all the

43:18citizens of Memphis. Give him my hand

43:20this day. Jeffrey Warren, Memphis.

43:37On behalf of my family, I would like to

43:40thank

43:42and everyone here showing their patience

43:44for listening to the very unusual life

43:47of my father. We thank you very much and

43:49it's deeply appreciated.

43:55Madame controller, if you will please

43:57show that approval by acclamation.

44:00>> Thank you, Madam Chair.

44:02>> We will now move to the regular agenda

44:04items starting with item number 21.

44:20Item number 21 is an ordinance declaring

44:24a temporary moratorium on the

44:27acceptance, processing,

44:30approval, and issuing of zoning, land

44:34use, building, and other associated

44:37infrastructure permits for data center

44:40developments within the city of Memphis.

44:43Up for third and final reading,

44:45ordinance number 5982

44:49is sponsored by council member Smiley

44:52Green, Swarington, Washington, and

44:54Easter Thomas. This was held from

44:57September 15th.

45:01>> Attorney Wade, did you want to add some

45:02insight?

45:08U briefly, but I will defer to the

45:11council member who sponsors this u you

45:15know we introduced an ordinance that

45:16tried to incorporate all of the various

45:18proposals and I think it's on for

45:21consent and I holy heart we you know

45:25I'll let you do whatever you want to do

45:27as far as the moratorum is concerned but

45:30but I'd be willing to work with the

45:32council member if we can if He decides

45:35not to go forward.

45:37>> All right. Let me get a motion.

45:39>> No, he's saying

45:40>> I know.

45:42>> All right.

45:47>> It's been moved by Councilwoman Green.

45:49Let me get a second.

45:50>> Smiley.

45:52>> Second by Smiley. Councilman Smiley.

45:54You're recognized.

45:54>> Thank you, Madam Chair. Um,

45:59we've been um discussing data centers in

46:02the city of Memphis for quite some time.

46:05If you all remember, I think it was

46:06Councilwoman Cooper Sutton who was

46:08adamantly against um data centers in

46:10initial. Since that time, we've we've

46:14experienced a lot of I'm going be very

46:18direct um disrespect toward the

46:21community from particular data center

46:25um organizations without lacking

46:28community engagement and also that same

46:30um lack of transparency when it comes to

46:32elected officials. Subsequent to that,

46:35the council um sponsored um a moratorum

46:40for temporary data centers in our

46:42community. What happened today upstairs?

46:45Um since that time, well, since the

46:47original data center moratorum,

46:49Councilman Spinosa offered a data center

46:52framework. Councilman

46:55Warren offered uh some comprehensive

46:59zoning language. Then the following

47:02meeting, Councilwoman Logan brought

47:03forth

47:05um an ordinance directing the Division

47:07of Planning Development to create

47:10to bring back information about um what

47:13locations are feasible and also put in

47:16some zoning regulations.

47:18Subsequent to that, Attorney Wade looked

47:21at all of the ordinances and he offered

47:24what he believed to be a comprehensive

47:26um ordinance that addressing a lot of

47:28the issues dealing with with zoning.

47:30Here's my position and I know there's

47:32going to be a subsequent motion after I

47:35finish. My position is this. I think

47:40due to the lack of transparency and the

47:42lack of community engagement, when we

47:44have 200 plus people in a room

47:48that took many of who took off work for

47:51this body to make a decision

47:54that it'll be incumbent upon us to take

47:57a final vote today.

48:00[cheering]

48:03in a in a in [clears throat] a in in

48:06addition to that not just take a final

48:09vote because I think you know many

48:12people on this body truly want a good

48:15product

48:17and I told told members who contemplate

48:20a working session starting on Thursday

48:23that I'd be committed to that committed

48:26to having a working session where we try

48:29to put forth laws that govern these data

48:33centers that are expanding without being

48:36checked.

48:38But that doesn't mean that this body

48:41should say, you know what, let's pause.

48:43Let's let's not implement a temporary

48:46moratorum.

48:47So many countless hours have gone into

48:52organizing

48:53to getting people here because there

48:56it's one thing to talk about it on

48:57social media, but it's a different thing

48:58when you're knocking on doors in

49:00communities asking people what they

49:01believe about this. It's a different

49:03thing when you're standing at the corner

49:05near John P. Freeman, seeing the traffic

49:06go up and down the street. It's a

49:08different thing when you talk to um some

49:10of the more senior citizens in our

49:12community to talk about when they walk

49:13outside, they feel like they got to wear

49:14masks at night. That is problematic.

49:18So, I'm going to get out the queue.

49:22Um and you know, we have a some rules

49:25against being loud. I just want if you

49:28are in support of the moratorum, please

49:30stand up.

49:51Wait, let me

49:55>> Excuse me. I got

49:57>> Excuse me. Excuse me, y'all. Yeah, I

49:59appre I appreciate the

50:03the the anger and frustration you all

50:05are voicing. I've said multiple times

50:08that our government work best when

50:11there's active engagement from the

50:13people who call this city home. I just

50:15want us to take a brief moment and see

50:18so many people in our community from

50:20every part of this city is here because

50:23this matters.

50:26They're not asking this body to to put

50:28off this moratorum. They're asking this

50:30body to vote. We can take a vote today.

50:32We can have a working session Thursday.

50:35And just here, I think it was either

50:37Councilwoman Cooper Sudden or

50:38Councilwoman White or London. One,

50:40Councilwoman White or Logan who said

50:43there's something we didn't contemplate

50:45and it's not in the it's not in the

50:46moratorum. We can entertain a motion to

50:49amend it to include it or we can discuss

50:51it at the the working session on

50:53Thursday. We need a traffic study.

50:57We need to talk about how many people

51:00who are in the areas, whether their

51:01property values will be negatively

51:02impacted if these data centers continue

51:04to expand. There's a lot of stuff that

51:06this war form doesn't contemplate, but

51:08it doesn't prevent us from passing it

51:10today and then coming back here on

51:12Thursday and working to put forth and

51:15amend this current moratorum. So, you

51:17know, with that, I just ask this body to

51:19take a vote today and stand with the

51:21people.

51:29Councilwoman Green, you're recognized.

51:32>> Thank you, Chair. Thank you, Councilman

51:35Smiley, for helping to get us together

51:39on this moratorum. As you know, I travel

51:43the state these days and there are a lot

51:47of other places that have already put in

51:48a moratorum. There are a lot of other

51:51places that have already put it in for

51:5312 months or even 18 months because they

51:56see the harm that is happening around

51:59the country. But I'm just talking about

52:01in Tennessee and I'm really tired of

52:04Memphis being last.

52:13So I agree with you, Councilman Smiley,

52:15and with my colleagues that we need to

52:17be thoughtful. That is the whole point

52:20of the moratorum is for us to take a

52:23pause to get the community input which

52:26was overlooked completely

52:30by Elon Musk and XAI when they came in

52:34and to make sure that we get it right.

52:36Uh Councilman Smiley and I and

52:39Councilman White, we're lawyers and so

52:41we want to look at the nitty-gritty

52:43details. I too am happy to work with you

52:45to get that right. But in the meantime,

52:49we need to take a pause and this council

52:52needs to do its duty and to take a vote.

52:56[applause]

53:15guys. We appreciate you. But look, I

53:18don't want you to get cleared out of

53:19this

56:08I madam chair if I think we need to

56:10clear the room that they do this again.

56:12>> I think so too.

56:13>> Okay. Thank you. So

56:14>> council

56:18>> vice chair vice chair you're recognized

56:20everybody say

56:22>> hey everybody represent Pearson. Thank

56:23you guys we somebody said we're here.

56:26Listen, this is an open forum. Like many

56:28of you are here all the time. I see a

56:30lot of professional advocates in the

56:31room that have people like help us out

56:33so that we can have an open debate here.

56:35Like this is an open meeting of the

56:36council. We are trying to execute the

56:39business of the body and you're making

56:40it very difficult. I know that you all

56:42came down here.

56:43>> What?

56:47>> Okay. I'm not going to have a dialogue

56:48with you. Like

56:50>> I

56:52the reality is is I see people here all

56:54the time who are professional. What?

56:55What is it? Uh policy adviserss and

56:59>> community organizer. Thank you.

57:00Profession I understand Amber, but you

57:02tell me all the time that you're a

57:03professional community organizer. That's

57:04literally your title. Like

57:06>> I'm sorry. Excuse me. Semantics. Thank

57:08you. Now, here's the deal. Let's get

57:11through the meeting. What do you say?

57:12Let's not turn this in the general

57:13assembly. We're get people kicked out

57:14all the time. Don't you think, represent

57:15Pearson?

57:17>> Like I'm not going to be threatened.

57:20>> All right, that's it. Let's recess out

57:21of here. Uh

57:24>> Easter Thomas, you recognize Counciloman

57:26Easter Thomas.

57:27>> Madam Chair, I have finished.

57:29>> I'm still I'm still trying to talk.

57:34>> Madam Chair, I'm still I'm still in what

57:37I'd like to say.

57:38>> Go ahead. Go ahead.

57:39>> Okay. So, as a desert, an AI desert, we

57:43do not get the funds that we can get

57:46potentially from these coming in. We

57:48will, you know, it's not going to

57:50happen. It will go other places. And if

57:52we don't get something passed by January

57:551st, what will end up happening is the

57:57state will pass it and we won't get it

58:00at all. So I know that's hard to think

58:03about. But what we do is we pass

58:06regulations now. We then once they're in

58:09place, we can adjust the regulations. We

58:12can bring people in for conversation.

58:15And that's what I think we should do

58:17colleagues because doing a moratorum

58:20will do damage to our future and we have

58:22to think ahead. We can't just think of

58:24the next election. We can't just think

58:27of what's going to get the biggest

58:28crowds. We have to think of what's going

58:30to be best financially and best for all

58:32of our people as we move forward. So, so

58:36I would appreciate you voting the

58:38moratorum down for that reason so we can

58:41proceed because as Mr. Wade said, "Right

58:44now, we're limited in what we could do."

58:47He took all of our proposals. He put

58:49them together in something that was

58:50legal that we could do now that we

58:53could, you know, move in three in two

58:56more readings and it could be law and

58:59then we could take a DPD. It just makes

59:02sense for us to do it. So, I would urge

59:04you to vote down this moratorum is

59:07damaging to our city in the future.

59:09Thank you, Madam Chair.

59:10>> Thank you, Councilwoman Easter Thomas.

59:16Thank you, chair. Um, it's so good to

59:19see the city of Memphis here today. Um,

59:22to the maker of this ordinance,

59:26wonderful job. Thank you for letting me

59:28co-sponsor.

59:29Um, I have three friendly amendments.

59:34Um,

59:36so if you'll hear them and accept them.

59:38So, I'm looking at the substitute

59:40ordinance 5982.

59:42I'm on page 1, two, three, four, section

59:46four for my first amendment. Um, that

59:49section is section four, study and

59:52permanent regulatory deliverables.

59:54>> I'm here.

59:55>> And it reads and I'm going to read it

59:57out so folks know what I'm saying. Um,

59:59but then also talk about the amendment.

1:00:01So it says during the mortorium period

1:00:03Memphis and Shelby County Division of

1:00:04Planning and Development working in

1:00:06coordination with MGW, the Shelby County

1:00:08Health Department, Memphis Fire

1:00:10Department, Engineering Division, Public

1:00:12Works Division, EDG, IDB, and such other

1:00:15departments, agencies or entities may be

1:00:17appropriate. Shall I prepare

1:00:19recommendations for comprehensive

1:00:20permanent zoning and development

1:00:22regulations governing data centers and

1:00:24highdensity computing facilities? My

1:00:26friendly amendment for this section is

1:00:29after it lists

1:00:32EDGE IDB to add in three mandatory spots

1:00:36for the inclusion of environmental

1:00:38organizations and community

1:00:39organizations.

1:00:40>> Love it. Keep moving.

1:00:41>> Okay. Are y'all getting this? Whoever is

1:00:43capturing these amendments, y'all got

1:00:45it. Okay. Just making sure I don't want

1:00:47repeating. All right. Three spots

1:00:48mandatory to include environmental

1:00:50organizations and community

1:00:51organizations. Um that's section four.

1:00:54Next page, the paragraph before section

1:00:58five.

1:01:00At the end of section four, it says 180

1:01:03and 90. I think you just that just needs

1:01:05to be cleaned up.

1:01:08>> The end of section 4, right before

1:01:10section five. On the next page, it says

1:01:13180. In parentheses, it says 90. Y'all

1:01:15got that? Okay. Now, right there,

1:01:19I want to add in

1:01:25Neither. I'm talking about the

1:01:26substitute 5982.

1:01:28>> You're good, Rob. All right. So that's

1:01:31180 and then that'll be changed in

1:01:33parenthesis.

1:02:10180 or

1:02:12>> I don't know which one is it. Is it 180

1:02:14days or is it 90 days for

1:02:15recommendation?

1:02:17>> It should be 90.

1:02:18>> It should be 90 days but still amending

1:02:21for it to say monthly updates.

1:02:24Okay. To the count. Last amendment.

1:02:28Last amendment.

1:02:32Oh, I think that might be it.

1:02:34Oh, no. My last amendment. Last page.

1:02:37Uh, section 11

1:02:40where it says duration.

1:02:43Currently it says except as otherwise

1:02:45provided herein the moratorum

1:02:47established by this ordinance shall

1:02:49remain in full force and effect until

1:02:51the earliest to occur of the following.

1:02:53Number one says 12 in parentheses 12

1:02:56months following the effective date of

1:02:58this ordinance. My friendly amendment is

1:03:00to say 18.

1:03:06>> Council smile.

1:03:08>> Are you saying up to 18 months?

1:03:10>> Yes. Currently it's 12. Let's go take it

1:03:12to 18.

1:03:12>> I'm going objection

1:03:16>> and this is my reasoning

1:03:18>> with your objection, right? Um this is

1:03:21still this is in the section of um it

1:03:25still has that exit

1:03:27>> exit framework

1:03:27>> opportunity. Yeah, exit framework.

1:03:29>> So maybe it'll all get done before then.

1:03:32>> However, um in 12 months, it'll be a lot

1:03:35going on in 12 months. There'll be

1:03:37another election in 12 months. Uh, we

1:03:39don't want to get people distracted and

1:03:40unfocused. So that's why I'm saying 18.

1:03:43>> All right. So, Madam Chair, can I could

1:03:45we talk?

1:03:45>> You can.

1:03:46>> All right. So, you want to make it We're

1:03:49on the last page.

1:03:51>> Last page. Section

1:03:52>> 12 months following the effective date

1:03:53of this ordinance.

1:03:56>> And you wanted to make it 18 months.

1:03:58>> Correct. But if we get together, have

1:04:01these meetings,

1:04:03>> if we do what we got to do

1:04:04>> and we do our do our job figured out in

1:04:06six months, get it all figured out in

1:04:08six months or three months.

1:04:10>> That's what that's what the ordinance

1:04:11says.

1:04:13>> Okay. Thank you. That was just a

1:04:14clarifying question. Thank you. Can you

1:04:16take the objection back?

1:04:18>> Yeah, I'll remove my objection.

1:04:20>> Thank you, Spinosa. Okay, that's all,

1:04:22Councilman Smiley, for that those three

1:04:24family amendments.

1:04:25>> So respectful. I'm just glad you read

1:04:27it. Thank you.

1:04:29Thank you.

1:04:32>> Councilman Walker, you're recognized.

1:04:35>> Thank you, Madam Chair. So, for clarity,

1:04:42my concern is if we do 18 instead of 12.

1:04:46I don't want I want us to really be

1:04:48working on this to finish it up. And I

1:04:51feel like maybe subconsciously in the

1:04:54back of our minds if we know we got 18

1:04:56months versus the 12 months. I don't

1:04:58want us to move slower.

1:05:00>> You don't have 18 months.

1:05:03>> We have now and we just said 90 days

1:05:07we're ask for recommendation

1:05:09um in section 4. So in 90 days we should

1:05:11be getting recommendations. 18 months is

1:05:14the moratorum.

1:05:16>> Okay. Does that make sense?

1:05:18>> I'm clear. Thank you.

1:05:20Just to highlight one other thing. I

1:05:22think

1:05:24this body also most of us agreed to

1:05:27start working session on Thursday. So

1:05:30it's not that u we're not going to be

1:05:34doing anything. I think is incumbent

1:05:36upon us to hear the people, but also

1:05:38making sure that the laws we put forth

1:05:41are um will pass legal muster, but also

1:05:45making sure that we are putting laws in

1:05:47place that actually protects communities

1:05:50and the city of Memphis.

1:05:53>> Councilman Carlile, you're recognized.

1:05:56>> Thank you. And sorry for earlier. I

1:05:58misspoke on the word. I was genuinely

1:06:00looking for the help of people that are

1:06:01here all the time to help regulate the

1:06:02crowd because they kind of know the

1:06:03flow. So, I'm sorry. I apologize

1:06:05genuinely. All right.

1:06:08The

1:06:10body met all day and has met several

1:06:12times. We typically read in three

1:06:14readings and this is how our ordinances

1:06:17are made. I'm just speaking on behalf of

1:06:19what most of the members want to do,

1:06:21which is to continue to evolve and work

1:06:22on this. They are trying their best to

1:06:25work quickly is to appease the desire of

1:06:27other members to move quickly which is

1:06:29the idea of having a working session on

1:06:31Thursday to try and bring this to

1:06:33resolution. This is honestly I said this

1:06:35earlier and for those that aren't here

1:06:36often you had several members bring

1:06:38different ordinances and laws and then

1:06:40start to debate them and make them into

1:06:42a meaningful law. That's pretty

1:06:44important. Like it is the process. Like

1:06:46it shouldn't go that fast. Uh, I think

1:06:49the mayor said this and I'm sure he'd be

1:06:51willing to make a statement or or or

1:06:52sign an effective order, but like

1:06:54there's no one coming in the near term.

1:06:56So, we've got a little bit of time, not

1:07:00all the time in the world to work this

1:07:01out. And so, I'm going to move to hold

1:07:0519, 20, 21, and 31.

1:07:10And if I miss one, please help me.

1:07:12>> Objection

1:07:13>> to the following me to the following

1:07:14meeting under the precipice. And I think

1:07:17I've got his commitment to convene if

1:07:18you if I could pass the floor to

1:07:20Councilman Spinosa just to affirm this

1:07:22that we're going to convene the planning

1:07:23and zoning meeting.

1:07:24>> Councilwoman White brought this up in

1:07:26committee and I'm more than happy to I

1:07:29mean I'm just as the chair of planning

1:07:31and zoning we would have a meeting

1:07:32Thursday at 1. So that's plenty notice.

1:07:35>> So less than 36 hours from now, right?

1:07:37>> We're going to meet and and try and

1:07:39knock this thing out before

1:07:41>> it's too important.

1:07:43Yeah. And again, I I said this upstairs.

1:07:46It's it's outcome driven. It's it's what

1:07:48are the long-term outcomes that we're

1:07:50trying to go for. And so, we're working

1:07:51on as a body and participate the

1:07:53public's participation, but at the end

1:07:54of the day, it's the 13 of us that have

1:07:56to make the decision and take those

1:07:57things into account. So, I know there's

1:07:59an objection. I think there was one more

1:08:01thing that needed to be addressed. Yes,

1:08:02the public comment cards. A lot of

1:08:04people came down to speak. this body and

1:08:06this chair can certainly afford the the

1:08:08public an opportunity to speak on the

1:08:10item still. But as far as action on the

1:08:12item, we need to work through this and

1:08:13we need to do it quickly and we're

1:08:14almost towards the end of this thing.

1:08:16And respectfully, anybody that's asking

1:08:18for a vote today is just asking us not

1:08:19to finish doing the process because

1:08:21someone told them that it has to happen

1:08:22now and we've had three readings and all

1:08:24that stuff. It's just not what we want

1:08:25to do. I mean, we want to continue to

1:08:27work on the document. So, that's what

1:08:28we're that's what the motion is. If I

1:08:30could have a second

1:08:31>> objection.

1:08:33I'm still in the queue. Councilwoman

1:08:38[clears throat] White, you're

1:08:39recognized.

1:08:41>> Thank you, Madam Chairwoman. So, I have

1:08:44um and I think people were frustrated

1:08:46with me doing research and asking

1:08:48questions and some people for whatever

1:08:49reason thought that that meant that I

1:08:52was against a moratorum, which is really

1:08:54not the case. The reason that I spend

1:08:56the time that I do asking the questions

1:08:58that I do, researching and looking into

1:09:00things is because today you all are the

1:09:03loudest people in the room. That's for

1:09:05sure. But one day you may not be the

1:09:08loudest people in the room. And when I

1:09:10take a position of not hearing all

1:09:12sides, looking at all things, then we

1:09:15end up a lot of times with haphazard

1:09:17what I call sometimes um legislation

1:09:20that ends up not accomplishing what it

1:09:23is that we want to accomplish. Um

1:09:26environmental justice is something that

1:09:27is near and dear to me and my family.

1:09:30I've expressed that to some of you all

1:09:31personally. Some of you all know me and

1:09:33my family personally and know that you

1:09:36know many of my family members have been

1:09:38over there in South Memphis Riverside.

1:09:40Um and I was raised myself um around the

1:09:43corner from Crystal Palace. We debate

1:09:45what neighborhood that is specifically.

1:09:48But what I want to say is is that I've

1:09:51gone to all of the the Colossus one, the

1:09:54Colossus 2, and I too share the

1:09:58sentiments of many of the people on this

1:10:00body about what's going on over there by

1:10:02John P. Freeman, the um the residential

1:10:06area that certain things just should not

1:10:08be near schools and near residences. And

1:10:11I completely agree. Um and so with that

1:10:14I say um I am not I I believe and I do

1:10:18have some uh friendly amendments and I

1:10:20think um earlier someone came up to me

1:10:24and they were asking about u my my

1:10:26reading of the moratorum in terms of it

1:10:30not having

1:10:32um funding and experts and those things

1:10:35and it's not that the moratorum as

1:10:38written right now doesn't have some

1:10:40deadlines. My concern is is that we

1:10:43leave here today with a ceremonious loud

1:10:46roar about passing a moratorum which is

1:10:50a pause and that's great and the

1:10:51moratorum ordinance does provide for

1:10:53some things to happen. However, just by

1:10:57way of my experience in government

1:10:59recently, I know that there needs to be

1:11:01more. There needs to be an administrator

1:11:04that is responsible for the dayto-day

1:11:07work of this uh study convening of

1:11:10people, there needs to be funding

1:11:12allocated um to this ordinance. And so

1:11:16in order for it to be able to move

1:11:18continuously and for us to be able to

1:11:20meet these deadlines and potentially to

1:11:22even hire and retain experts, um my

1:11:26colleagues have agreed to meet Thursday

1:11:28at 1 to have an actual working session.

1:11:31My concern is right now we have about

1:11:33four or five different ordinances before

1:11:36us. Many of them and I will say this to

1:11:39my colleagues. I know that we don't

1:11:40agree all the time, but I am really

1:11:44thankful for one for you all bringing

1:11:46this to the forefront. It's long overdue

1:11:49in terms of guard rails and two I'm

1:11:51thankful to my colleagues for bringing

1:11:53other proposed ordinances. I think just

1:11:55about everyone on this body brought some

1:11:58type of proposed ordinance or either an

1:12:00amendment to an ordinance. So, thank you

1:12:02all for doing that. I think that

1:12:05everyone on this body that our hearts

1:12:07are right. I know some people have been

1:12:09accused of this and that, but I'm

1:12:11telling you all, I have been working um

1:12:13with these individuals up here and and

1:12:18for the most part, I will say that we

1:12:21are aligned on what direction we need to

1:12:23go with these data centers and guard

1:12:26rails. It's my position that we do need

1:12:29an actual working session, not to stop

1:12:31or delay a vote on a moratorum, but to

1:12:35come up with a product that does what it

1:12:37is that we need it to do. We need it to

1:12:39be meaningful. We need it to be

1:12:41impactful. It needs to not be just based

1:12:44uh on a pause, but it needs to have

1:12:46progress at the end of it. The other

1:12:49thing that I think that people need to

1:12:50understand and I wanted to be clear and

1:12:53I'll wrap up is that in terms of we

1:12:56still have a lot of work to do and that

1:12:58includes every person in this room. We

1:13:00have to put our minds together in terms

1:13:02of people power and figure out what do

1:13:04we do now because at this point some

1:13:07things can't be undone and a moratorum

1:13:10won't undo some of the things that we're

1:13:11dealing with and we need to be

1:13:13strategic. We need to be intentional and

1:13:15we need to be on one accord about how to

1:13:18help the people that are impacted. So

1:13:21with that, um, Councilwoman, I yield.

1:13:23Thank you,

1:13:26>> Councilman Carile. And then Councilman

1:13:28Smileygan.

1:13:30>> Oh, Logan. Okay. I'm sorry. Councilwoman

1:13:32Logan.

1:13:35Yes, Councilwoman Logan. Thank you for

1:13:37recognizing me and um thank you for

1:13:44For those that u y'all can do that. U

1:13:46what I would like to share is the

1:13:50the will the wheelhouse and the purview

1:13:52of this body is land use zoning

1:13:57sighting. Um contrary to what you all

1:14:00may believe we this body does not have

1:14:03jurisdiction over um the environmental

1:14:07issues. we do not have of the

1:14:09electricity in those areas. I don't want

1:14:12anyone to be deceived in thinking that

1:14:16um that is our purview. Our purview is

1:14:19land use. And the way that Elamus,

1:14:23Colossal and any other data center was

1:14:25able to come to Memphis, purchase some

1:14:28property, open up a data center is

1:14:30because our zoning.

1:14:33We do not have safeguards to protect our

1:14:37people. Anybody can come here and as

1:14:40long as the zoning is what it is right

1:14:42now. We have not done our due diligence

1:14:44and for the last two years that is the

1:14:46undertaking that we have um have that we

1:14:50have initiated. However, that is what we

1:14:53should be accelerating what is under our

1:14:56purview which is land use. And most of

1:15:00you, I don't know if you know, but we're

1:15:01um right now undergoing a UDC upgrade,

1:15:05which is our zoning upgrade, which is um

1:15:08what determines what can be in your

1:15:10community, what can be around our

1:15:11natural resources. Our natural resources

1:15:13are what we have and what we should

1:15:15cherish. And our priority is to preserve

1:15:20those and to determine where these

1:15:22places should be. The ordinance that I

1:15:24did was solely to instruct our divisions

1:15:28and our government on protecting us. The

1:15:32moratorum, this is not about the

1:15:34moratorum. This is about even if you

1:15:36have a moratorum and you don't put those

1:15:38safeguards in place, someone else can

1:15:41come in your community, open up shop and

1:15:44open up whatever they want to, until we

1:15:46downgrade and fix our zoning and our our

1:15:50sighting, we're still going to be

1:15:51vulnerable. And so those are the things

1:15:53that as a body we need to address

1:15:56immediately. It it doesn't matter um

1:15:59what else is on the books. If you don't

1:16:02address your zoning and determine where

1:16:04you want things in your city, you're

1:16:06always going to be vulnerable to those

1:16:09that have money and power and can come

1:16:10in and do what they want to. So at the

1:16:12core of what we're responsible for,

1:16:14we're responsible for that. And that is

1:16:17what uh Councilwoman White mentioned

1:16:19today. and some of us who were looking

1:16:21at everyone put work into these to these

1:16:23ordinances because that's what we do. We

1:16:26can write the law to protect you but we

1:16:29need something that is comprehensive not

1:16:31something that is popular but something

1:16:33that is comprehensive and protects the

1:16:35people and that's where I am and so with

1:16:38that I yield.

1:16:41>> Councilman Smiley and then we're going

1:16:43to move to the cards.

1:16:44>> All right. Thank you. Um I'm going to I

1:16:46just want to address a couple things.

1:16:48There are some concerns about whether or

1:16:49not it passed legal scrutiny.

1:16:52Nothing within this ordinance.

1:16:55>> Thank you. Thank you. Thank you. There

1:16:57are some questions about, you know, the

1:17:00legalities of the moratorum. Anything

1:17:03that

1:17:06I'm a lawyer, I read. I graduated in the

1:17:08top third of my law school class. I

1:17:09understand this. But anything in the

1:17:12ordinance, the moratorum that could

1:17:14potentially be

1:17:17problematic from a legal standpoint, we

1:17:19put in the study committee.

1:17:22And as it relates to the funding that

1:17:24Councilwoman White mentioned and as it

1:17:26relates to a potential administrator

1:17:28that Councilwoman White mentioned,

1:17:31that is what the working session is for.

1:17:33If we ultimately determine that there

1:17:35there's a fiscal note attached, we're

1:17:38we're convening on Thursday. We can say

1:17:41you know what that is absolutely right.

1:17:43We can come back before this body at the

1:17:45next council meeting and amend it. That

1:17:48is the purpose of a working session and

1:17:50the purpose of legislation. We can amend

1:17:52it. We have the authority to make

1:17:54amendment. There is no such thing as

1:17:57perfect legislation.

1:17:59That's why we can always continue to

1:18:01change it. as it relates to what

1:18:04Councilwoman Logan said. I wholeheartly

1:18:06agree. Our purview is um zoning and site

1:18:11selection. That's why the moratorum

1:18:13talks about it particularly in section

1:18:154. Our goal is to put a framework in

1:18:19place, but also while we're working on

1:18:22that framework, have meaningful

1:18:24community engagement and and bringing

1:18:27the experts in the room so we can make

1:18:29sure we get it right.

1:18:31Nothing about temporary pausing while

1:18:34we're getting it right is wrong,

1:18:37problematic, or anti-democratic. I

1:18:41actually think it's the most democratic

1:18:42thing we can do. Slow down and bring

1:18:45people into the room. Um, and I I don't

1:18:48want to talk too long. I would love to

1:18:50just, and this is just to to my buddy

1:18:52Councilman Carile. Um, here's my

1:18:56position on the hold.

1:18:59If

1:19:00if the body ultimately decides that they

1:19:02do not want a moratorum, the body can

1:19:05vote it down today. There is no point of

1:19:07holding if if there's no

1:19:11>> somebody

1:19:13there's there is no point of holding

1:19:15this moratorum

1:19:17if there is no intent on voting on it. I

1:19:21think we can vote today and if it's

1:19:23we're voted up, I will be thrilled.

1:19:27If we voted down, I'd be extremely

1:19:29disappointed, but it doesn't mean I'm

1:19:30not gonna come work tomorrow. I think we

1:19:32should just go ahead and vote.

1:19:35There's no point of holding it. The

1:19:37community has been waiting very long

1:19:39time.

1:19:42>> But with that, I digress. Yes, we got to

1:19:44vote on the hold first. Um, what I'm

1:19:45what the reason I'm having a

1:19:47conversation with council car about the

1:19:49hold is I don't know what purpose the

1:19:52hold serves.

1:19:55>> We

1:19:57Let me I don't So I don't understand the

1:20:01purpose of a hole. If we don't want a

1:20:03moratorum,

1:20:05we can vote.

1:20:11I digress.

1:20:14>> Councilwoman Cooper Sudden, you're

1:20:16recognized.

1:20:18>> Thank you, Chairwoman.

1:20:20I have been for a pause on a moratorum

1:20:23since day one since I found out about

1:20:25it. And I'm not uh uh please I want you

1:20:28all to respect this. I don't need no

1:20:30hand claps. I don't want no pat on the

1:20:32back cuz y'all will beat me up tomorrow

1:20:33if I say something or do something you

1:20:35don't want. I'm here about to speak

1:20:36truth because that's what you've been

1:20:38doing on social media. We do not.

1:20:43The engagement part is supposed to be

1:20:46and what I found out as far as me and

1:20:49everybody else out here, we need to

1:20:51learn how and where things lie and the

1:20:54way they go. DB uh DPD

1:20:59DPD

1:21:00should be handling engagement and we got

1:21:03to fix that because we have been doing

1:21:06that as a community person. I am in

1:21:08total agreement of the moratorum. But

1:21:11what I'm not in total agreement of, I

1:21:14wasn't at the table when this contract

1:21:17was signed with XAI. So let me say this

1:21:21here. Let me let me let me be clear.

1:21:24I don't know how this is going to go,

1:21:26but I've been very prayerful. I got

1:21:29calls from uh Representative Pearson.

1:21:32Thank you. I got calls from um Keshan.

1:21:39Thank you. I've been called crazy. Thank

1:21:43you.

1:21:46And I may be a little bit of that too

1:21:48since I've been up here.

1:21:50But however,

1:21:52there's a contract that's lingering out

1:21:54there. And not one person said anything

1:21:58about that contract that's ling out

1:22:00there. And I wasn't at the table.

1:22:04We were not at the table when they

1:22:07signed that contract. There was NDAs

1:22:10that was signed. And you better hear me

1:22:12and you better hear me loud and clear.

1:22:15I'm not going to jeopardize my life cuz

1:22:17I don't know what Britt Mayo, Ted

1:22:21Townson that disappeared, and anybody

1:22:23else that was up here that was ruining

1:22:25them on and cutting my mic off during

1:22:27that time.

1:22:29Now, you may not like what I'm about to

1:22:30say, but I'm truth to power on

1:22:32everything that I do. And sometime I

1:22:34don't say it in the best way, but one

1:22:37thing I do, one thing for certain and

1:22:39two for show. It's a contract out there.

1:22:43And we got a trillionaire sitting out

1:22:45here. And I don't know what they done

1:22:47said to him or what the consequences are

1:22:51behind this moratorum action. They

1:22:54sitting up here.

1:22:56I don't know. I'm for it.

1:23:00But let me tell you something. You're

1:23:02not gonna put my life in danger neither

1:23:05because the threats are real.

1:23:07>> You understand me? I don't throw a rock

1:23:10and hide my hand. Now, where's the

1:23:13contract that was signed with the NDA?

1:23:18What What have they said behind the door

1:23:21that we don't know? And listen to me.

1:23:24This whole probably gonna pass. Listen

1:23:27to me clearly. But there's a contract

1:23:29out there. And not one not one of you

1:23:31all asked for the contract.

1:23:34You ain't asked for the contract. And

1:23:36I'm asking for it because you ain't

1:23:38going to put my life in danger.

1:23:41>> Because guess what? The trillionaire

1:23:42here. And before we close our eyes and

1:23:45open our eyes, the county over there

1:23:47already in trouble.

1:23:50>> Robert, our church had to buy our

1:23:52charter.

1:23:54You let him in.

1:23:56You let him in and he here now.

1:23:58[clears throat]

1:23:58>> He here now and he regulating.

1:24:01So what happens is this was what

1:24:04happens. Brent Mayo walked away.

1:24:08Matt Dunn has been here from Space XAI.

1:24:11He's from government affairs. I ain't

1:24:13hiding nothing from nobody.

1:24:17>> Him and Jordan has been here. I met with

1:24:20him talking to them trying to fill them

1:24:22out where they at.

1:24:24where they at. I said it.

1:24:29But you better be careful cuz you're

1:24:31dealing with a trillionaire in this in

1:24:33this in this in this city that's here

1:24:35right now.

1:24:36And it's some stuff that went on. It was

1:24:39more money going out than it was coming

1:24:41in

1:24:43when XAI was here. Now XAI and space XAI

1:24:48are the same people.

1:24:50>> I don't know how this moratory going to

1:24:51go 18 months. It don't take 18 months to

1:24:54get right what we need to get right. We

1:24:56should have been working from day one

1:25:00getting things done. I talked to a lady

1:25:03in Boxtown last night.

1:25:06Talked to been over in two lane. That's

1:25:08what Smiley talking about. He told me

1:25:10you going to have to put your shoes on

1:25:11and get in the streets. And I did.

1:25:14Stood on the corner Sunday. I saw the

1:25:16video. I heard what they said. Yeah, I

1:25:18sure do be on Facebook.

1:25:22But I'm trying to get us to understand

1:25:26this. There's a contract out there. And

1:25:30I don't know what was said in the

1:25:31contract. Did you hear what I said? Cuz

1:25:33I didn't sign the NDA and I didn't take

1:25:36the money.

1:25:44I'm not going to fall in the trap. I'm

1:25:47not I'm not about to fall in no trap

1:25:49with none of this stuff up here. Cuz at

1:25:51the end of the day,

1:25:54it's a contract out there

1:25:57and some NDAs was signed, but we going

1:26:00to do the work that needs to be done cuz

1:26:02that's all I've been saying since I said

1:26:04no to the water treatment plant. I know

1:26:07we needed one, but they gave us some

1:26:08leverage. But they gave our leverage

1:26:10away. They did it. And I'm going to say

1:26:12this here, and you can quote it and

1:26:14unquote it, but I'm sick of people with

1:26:17balls like quills.

1:26:21Either we going to do it or we not going

1:26:23to do it.

1:26:25>> But y'all need to understand this. It's

1:26:28a contract out there that I haven't

1:26:31read. You don't know what's in it. And I

1:26:33don't know what's on the mind of that

1:26:36man that's here at SpaceXi. And these

1:26:38people up here that's saying putting a

1:26:40hole on it. We trying to do it to save

1:26:42our own lives. You may not want I live

1:26:44in 3A 109.

1:26:47I LIVE SEVEN MILES from Colossians 2.

1:26:52So, think about what we're doing here. I

1:26:55want you all to think long and hard. I

1:26:57think I told Miss Rucker that

1:27:00it's a contract out there. And y'all

1:27:02don't know what's in the contract cuz

1:27:04you wasn't there to say it. They didn't

1:27:06hold a meeting. They didn't invite us.

1:27:10And so, if the whole passes, I'mma vote

1:27:13for the whole until they bring me the

1:27:14contract. Now, if you don't bring me the

1:27:17contract, cuz I don't know what's in the

1:27:20contract, and for all I know, you done

1:27:23sold this city.

1:27:27Now, you can get mad, you can call me

1:27:29crazy, you can say whatever you want to

1:27:31say. I got took in the back. You don't

1:27:34make no threats to me and tell me what I

1:27:36better do and got to do.

1:27:40>> If I don't sit here, BUT THESE FOUR

1:27:42YEARS, GUESS WHAT? I FOUGHT a good fight

1:27:44here.

1:27:47>> I yield. Councilwoman [clears throat]

1:27:49White, are you still in the queue?

1:27:53>> Yes, ma'am. I got back in the queue.

1:27:58>> Councilwoman White,

1:27:59>> did you want to say something?

1:28:00Counciloman White.

1:28:01>> Yeah, I'm I'm back in the queue.

1:28:03>> Councilwoman White,

1:28:04>> I'm sorry.

1:28:06It's It's fine, Madam Chairwoman. I I

1:28:08just wanted I just wanted to say and and

1:28:11I appreciate the I appreciate of course

1:28:15everyone here and I always appreciate um

1:28:19and respect councilwoman Cooper Sutton

1:28:21but what I will say is and I don't know

1:28:23who contract NDAs those things and I

1:28:26don't know what I can't speak for what

1:28:28other people have done and those things

1:28:30but I will say that since I have been on

1:28:32this body which I would believe it would

1:28:34have been during my time or tenure and I

1:28:37think probably this applies for a lot of

1:28:39people is I think we have to be clear in

1:28:41our speech because there is so much

1:28:43public distrust and I understand why

1:28:46because in a many areas there is a lack

1:28:49of transparency but I will say that I'm

1:28:51not familiar with any contract and have

1:28:53not signed any NDA um and have not taken

1:28:57any money. I know my salary. I know what

1:28:59I make at my law firm and I'm fine with

1:29:01that. But what I will say is is that we

1:29:04do have to be careful in the the way

1:29:06that we speak being that um you know

1:29:10with this body. I just I don't believe

1:29:12that that's the case with this body. And

1:29:14so I just want us to be careful with

1:29:16what we put out there. And I don't know

1:29:18who you know who you're speaking to

1:29:20anything. I don't want to speak for you,

1:29:21but I just want us to to clarify that.

1:29:24Thank you.

1:29:25>> I didn't say you.

1:29:28>> Yeah.

1:29:29>> Okay. Thank you.

1:29:30>> I didn't accuse you.

1:29:34No, I got to be truthful with my stuff.

1:29:36>> Wait, wait, wait.

1:29:37>> Cuz I got to lay down at night and go to

1:29:39sleep.

1:29:39>> Madam Chair,

1:29:40>> you're not in the queue.

1:29:41>> I know it.

1:29:42>> I'm going to get Carlile, you're

1:29:45recognized, Carlile.

1:29:47>> Thank you, Madam Chair. Colleagues,

1:29:49we've had a lot of debate. We We I see

1:29:51Councilman Walker, I'll do my best. Can

1:29:54you hear me?

1:29:55>> No. Can you hear me now? Yes. No. Okay.

1:29:59the the

1:30:01we've had a lot of good debate.

1:30:03Everybody's getting charged.

1:30:07Everybody's getting charged up. I think

1:30:08we need to bring this thing back. We

1:30:09have a motion on the table to hold items

1:30:1219, 20, 21, and 31 to go into a working

1:30:15session

1:30:17and to bring them back on October 20th.

1:30:20And the motion's been properly seconded.

1:30:21I move the previous question.

1:30:33Councilwoman Walker, you're in the

1:30:35queue.

1:30:37>> Thank you, Madam Chair. I have some

1:30:39notes here that I prepared and I wanted

1:30:41to share. So, first of all, I want to

1:30:43thank everyone for coming out today. Um,

1:30:46I want to speak to first the $10.3

1:30:49million that's sitting on the table and

1:30:52for some reason we hadn't been able to

1:30:54vote for it, vote on it. Um, it's

1:30:57supposed to come on the 20th,

1:31:01but I don't know. And what I'm talking

1:31:03about is the community benefits

1:31:06ordinance. So, we've been waiting three

1:31:09months to vote on the appropriations

1:31:12from the first year of the tax revenue

1:31:15from the first XAI facility.

1:31:18And that's 25% of the personal and

1:31:22property taxes, which came to $3.2

1:31:27million to be spent directly into the

1:31:30community that's within a fivem radius

1:31:33of the first location. And for some

1:31:36reason, we haven't been able to vote on

1:31:37that. And although I support this

1:31:40moratorum, there are some things about

1:31:42this process that concern me. And now

1:31:46it's time to vote on the second year's

1:31:50appropriation of personal and property

1:31:53tax from the two locations, the first

1:31:55location and the Tulain location, which

1:31:58is $7 million to be spent directly into

1:32:02the two locations within a 5m radius of

1:32:06Memphis. So together, that's 10.3

1:32:09million. And if I'm the only one that's

1:32:11talking about it, and barking about it,

1:32:13I'm okay with that. But I just want you

1:32:15all to know that that's what we should

1:32:17have been voting on first is the money

1:32:20that's been set aside to go directly

1:32:22into the into the communities to help

1:32:26and support the communities. I support

1:32:28responsible energy choices to ensure

1:32:31clean, safe, and healthy communities. We

1:32:34must slow down the mad rush of AI data

1:32:36center development by slowing down the

1:32:39process for these data centers to

1:32:41interconnect to the grid, slowing down

1:32:44the buildout of expensive generation to

1:32:47meet its projected load so that

1:32:51Memphians don't get burned in the

1:32:52process. This issue is personal to me. I

1:32:56live closer to a data center than any

1:32:58member on this body. The SpaceX facility

1:33:02on two lane although it's not in

1:33:04district three is on the district three

1:33:06borderline the railroad track

1:33:09is just and Cooper Sutton is close and

1:33:12Ford is close as well

1:33:17but the space XAI facility on two-lane

1:33:21road is just a couple of miles from my

1:33:23home four miles from Graceland the

1:33:25second most visited home in the United

1:33:28States and six miles from the Fred Smith

1:33:31airport. Whatever is being released in

1:33:34South Haven, if it's blowing north, it's

1:33:37blowing into Memphis. If it's blowing

1:33:40northeast, it's blowing into White Haven

1:33:43and it's blowing into District 3.

1:33:46Whatever is going on down there, it is

1:33:50affecting us as well. This massive

1:33:53projected buildout

1:33:55>> isn't some distant or hypothetical

1:33:58ideal. They are built in our built near

1:34:02many of our homes and the communities

1:34:04that I serve.

1:34:07The one that's coming to the old Fred's

1:34:09building on Getwell, that's in my

1:34:12district, too. Data centers have gone

1:34:14from making up 1% of TVA's industrial

1:34:18load in 2019 to 19% in 2025. That's an

1:34:24increase of

1:34:2618%.

1:34:28In a February letter to MLGW and other

1:34:31local power companies, TVA described

1:34:34this load growth as TVA described this

1:34:38now as unpredictable and very large,

1:34:42rapidly scaling while stating that the

1:34:44TVA electric system is already

1:34:47constrained.

1:34:49To serve this load, TVA

1:34:52is undertaking what former TVA CEO Don

1:34:56Mole characterized as the largest

1:34:58capital program in TVA's history. The

1:35:02current rush to build data centers is a

1:35:05market that is highly speculative and

1:35:08volatile. If the demand from these

1:35:11expected facilities fail to materialize

1:35:15or if they don't last because they're

1:35:18moving fast like they did in Silicon

1:35:21Valley, we don't know what lies in the

1:35:24future. They could go defunct or just

1:35:27like they stopped on the wastewater

1:35:29facility. But I'm trusting the process

1:35:31that that still will take place because

1:35:33we do need it.

1:35:36And the risk to local residents has

1:35:38already been stated many times and I

1:35:40know we're going to hear that in public

1:35:42comments. But from the massive amounts

1:35:45of air pollution from burning the fuel

1:35:47to power data center operations,

1:35:49diminishing water resources, noisy

1:35:51neighborhoods, from the mechanical hum

1:35:54of these facilities, and I'm almost

1:35:56finished, Madam Chair, but the paperwork

1:35:58does say I have five minutes.

1:36:00communities

1:36:02bisected by massive industrial

1:36:04facilities that are extremely difficult

1:36:07to repurpose in jobs displaced by

1:36:10computers.

1:36:12We should not commit the city to decades

1:36:16of costly infrastructure before the

1:36:19public knows who will pay, who will

1:36:21profit, who will bear the environmental

1:36:23and economic risk. Thank you, Madam

1:36:26Chair. I yield the floor.

1:36:28>> Thank you.

1:36:31All right.

1:36:33So now the item on the table right now

1:36:36is special item number one to hold item

1:36:39number 19 20 21 and 31 has been moved

1:36:43and second. Please prepare the screen

1:36:45for the vote.

1:37:04Madam Control, if you will please

1:37:06prepare the screen.

1:37:33Council,

1:37:41please cast your vote.

1:37:59>> Canali. Yes. Carile. Yes. Easter Thomas,

1:38:03no. Green, no. Logan, yes. Smiley, no.

1:38:09Spinosa, yes. Walker, no. Warren, yes.

1:38:13White, yes. Chairwoman swearing in

1:38:16Washington, no.

1:38:21>> Pardon me. Cooper.

1:38:23>> Yes. Please show Cooper Sutton voting as

1:38:24yes, please.

1:38:27>> That item passes.

1:38:39Thank you.

1:38:41>> That item will be held.

1:38:44>> Are we still going to do these?

1:38:52>> Uhuh. Uhuh. Uhuh. Uh-uh. Those items

1:38:56will be held. Those items will be held.

1:39:00We're going to have to have a recess.

1:39:03>> We're going to recess the meeting.

1:39:08>> Item is in recess. M meeting is in

1:39:11recess.

1:39:35That's not true. That's misleading. Can

1:39:37we have order?

1:39:41>> That's not

1:39:45>> officers. We need to clear it out.

1:39:51>> Where are officers at? They in the back.

1:39:57Get that bullhorn.

1:40:01[cheering]

1:40:03>> Clear out the auditorium.

1:40:17>> CALL THE POLICE. THE POLICE.

1:40:29THE POWER OF PEOPLE

1:40:45out

1:40:52Ain't no

1:40:55FIGHT

1:40:59BACK. Ain't no PEOPLE

1:41:06[screaming]