OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Marietta City Council Meeting – August 13, 2025: Data Center Concerns, Rezoning, and Ethics Code Debate

City Council Archive ViewWednesday, August 13, 2025
BodyMarietta, Georgia
SessionCity Council Archive View
DateWednesday, August 13, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:03

I don't know if somebody else here, huh?

0:05

I'd like to call the city council meeting to order, please.

0:08

For we see August the 13th.

0:12

Before we have a for there's been one slight agenda adjustment, not the consent.

0:19

We added the recognition of the Mayor High School 2025 Blue Devils.

0:24

Motion suspend the rules and add an item to the agenda.

0:27

Second.

0:32

Motion seconded.

0:34

So to add the item.

0:38

The item being the recognition of the Merida High School football team.

0:41

Correct.

0:43

2025.

0:44

25.

0:47

All in favor, please raise right in.

0:49

Thank you.

0:52

Invocation, Mr.

0:53

Johnny Walker.

0:54

Yes, thank you.

0:57

Please bow your head as I pray.

1:00

Dear Lord, we come before you today with grateful heart, seeking your guidance and wisdom as we gather for this city council meeting.

1:08

We thank you for the opportunity to serve our community and for the trust that has been placed in us.

1:14

Thank you for all that have gathered here tonight.

1:16

Please help us make fair and good decisions.

1:19

Grant us clarity of mind to make decisions that are beneficial for all.

1:25

Help us listen with open hearts and speak with kindness and respect.

1:30

May our actions reflect your love and compassion, and may we always strive to promote peace and unity within our city.

1:37

Please be with the men and women who serve and protect us each day.

1:41

Bless our leaders with the wisdom to lead with integrity and the courage to stand for what is right.

1:47

Dear Lord, we ask that you be with every athlete, student, coaches, and faculty of Marietta High School as they start the new school year.

1:56

Keep them safe and help them prosper throughout the year.

1:59

Lord, one more prayer.

2:01

Please be also with Marietta Police Officer Mike Freer, who lost a special family member today named Duke.

2:09

We ask these things in the name of Jesus Christ.

2:12

Amen.

2:21

Coach Duke, uh, would you lead us into the pledge, please?

2:24

Sure, everybody.

2:26

I'd like to leave this.

2:33

One nation under God, individual.

2:39

Thank you.

3:01

Which one do you fellas?

3:04

The one in the white shirt?

3:17

Well, Coach, if you join me down here.

3:24

I apologize.

3:27

Good to see you.

3:28

Good to see you.

3:30

Well, it's my pleasure to introduce Coach Cameron Duke, who has come to us from Florida, where he had a 99 and 31 record, and I understand you got your hundredth victory the other night.

3:42

Over an Albert, congratulations.

3:44

They they got it, but you get the numbers or go to this.

3:47

But that's a great job.

3:48

I I'm especially entitled because I'm risking my reputation betting a chicken dinner on you, fellas.

3:55

We're Yazeville's the chicken capital of the world, but we got a 52-foot chicken.

4:00

I think y'all play like the 52-foot chicken.

4:02

So we uh I look forward to it.

4:04

We it's the thing with the Gaze of Mayor, we do, but it's great.

4:09

I mean, competition representing your school and your city against another city high school.

4:14

It just you you honor us just as they do, and just uh good luck.

4:18

But I want to say Coach Sheep moved up here and he's been running ever since.

4:24

He brought his wife Caroline and his two daughters, but most of what I talk about, he's also a coach that builds care to develops young men, both as students and his athletes, both on and off the field.

4:37

And he even had a mission trip to Ecuador with 21 young men.

4:44

I just think that is just terrific, and I think it is showing your season.

4:48

But without further ado, I'd like to introduce Coach Cameron Duke.

4:53

Coach.

5:00

I apologize because we've been preparing for that bet that he placed on Gainesville.

5:03

So we literally came straight from practice as we're gearing up for a great matchup with week one.

5:09

I am so blessed and honored to be the head football coach at Marietta.

5:11

Such a special community.

5:12

I thank you, Mayor.

5:13

I thank you counseled for allowing myself and our senior football players to be here.

5:18

This group means so much to me.

5:19

We have 29 seniors.

5:20

A few couldn't make it, but they've embraced myself and my family and our vision and culture from day one.

5:26

I started on February 3rd, and like Mayor said, I we've been kind of been running since.

5:31

In fact, we've got a couple guys late.

5:32

Y'all will see me tomorrow after practice.

5:35

But I again I apologize.

5:37

We got off the field.

5:38

A lot of these guys are an FCA, Fellowship of Christian athletes that we do every Wednesday after practice, and then from there they came here.

5:44

I am extremely excited about this season.

5:47

I mean uh the seniors, they will always be near and dear to my heart as I told them from day one.

5:52

They only get a chance to be a senior one time, and we want to do everything in our power to make it be a special year for them.

5:57

Uh this is an incredible opportunity to be the head football coach.

6:00

It's exactly where God had called myself and our family to be here.

6:03

We have an awesome staff, and our school is such a great school, great administration.

6:09

Our superintendent, Dr.

6:10

Rivera, our principal Dr.

6:11

Crumbs, our athletic director Craig McKinney are all incredible, and we have great leadership here with our city as well.

6:17

So I'm looking forward to the to the year ahead.

6:20

Again, we travel in 48 hours to Gainesville in a great week one matchup.

6:24

Week two, we're on the road uh at West Forsyth, another great opponent, and then week three.

6:28

We need everyone in this room to tell everybody, so tell a friend or someone we need to pack the house for week three, our first home game will be against McKeetron High School.

6:37

And we're excited about that opportunity to play them at home week three.

6:40

So we got a great schedule ahead.

6:42

MariettaFootball.com has all of our information on it, has our schedule, has all our information about upcoming events.

6:48

But again, I'm honored to be the head football coach at Marietta.

6:50

I feel this is exactly where God has called me, and we want to make our city proud, uh, not just with how we play, but the development of character that we have within our young men, and these seniors are special to me, and they've already doing it.

7:01

So thank you guys.

7:02

God bless and go big blue.

7:12

Yep, y'all come up right here.

7:15

Because y'all putting your neck on the lab for the big chicken, we're gonna get we would like to give you a little inspiration to win with uh a big chicken and a double big chicken.

7:30

Well, come up so we can get a picture.

7:32

And I can introduce each one real quick, please.

7:35

I'd look for you know, I'll introduce each senior um as we got go through Donovan Gober, uh Mary, his his deep family linebacker for us.

7:44

Once I introduce you, just come right over here.

7:45

Markeith Lennon, linebacker, uh, again, senior, great young man.

7:50

Chandler Hall, the Hall family goes way back.

7:53

Dad and uncle were great players here at Marietta.

7:55

Chandler's a linebacker, defensive lineman for us.

7:58

Uh uh Jamari Jamari Maddox joined us late.

8:01

I had to convince I tried to convince him all spring.

8:03

He told me no, but about two weeks ago he said, Coach, I'll play football.

8:05

I said, Jamar, you're on the team.

8:07

So Jamari Maddox, we're happy that he's with us.

8:09

Alec Huff, linebacker.

8:11

Uh again, uh Marietta Blue runs deep through his family.

8:16

Landon Many, tailback, uh was a great tailback last year, coming back from a knee injury.

8:21

We're really excited about uh everything that uh that that he's got playing this year.

8:25

Xavier Gwynn played slot receiver.

8:27

His dad was a great player at Marietta.

8:29

I mean, this place it goes deep.

8:33

I know Bray Lyner Kart, number 13, running back, again, another young man who's had an incredible offseason.

8:40

Jade McCoy, wide receiver, number 81.

8:43

Yonatan.

8:44

Right?

8:45

Say it again for me.

8:47

Majragos.

8:48

Kicker.

8:49

And a very good one at that.

8:50

Okay.

8:51

Um Brady Brister.

8:53

Uh, we got him this year from a uh uh school right down the road, so we're excited that he's with us.

8:57

Linebacker.

8:58

Davis Perrott, I think one of the best kickers in the state, if not the best.

9:02

Uh defensive back, Dante Young, um, again, another young man whose family played at Marietta runs deep.

9:08

Trey Hudgens Tucker, offensive lineman senior, our only senior offensive lineman, which is we're excited about Jamine Solomon, uh DB corner and safety senior.

9:18

Caleb Graham, another DB corner safety.

9:21

Again, our senior, our defensive backfield, very senior heavy.

9:25

Um Jordan Adams, number 11, plays outside linebacker and running back.

9:32

Uh Peyton Smith, defensive in.

9:35

Uh, we get him back hopefully next week.

9:38

Max Turner, number 20, uh safety, uh great safety.

9:42

Cole Bum Gardner, uh specialist kicker.

9:44

Uh Carson Snipes, quarterback, safety football player.

9:48

Uh Marty Ross.

9:51

Sorry, I'm using my rosters in front of me.

9:53

It's been a long week.

9:54

Marty Ross, running back who we just got back from injury that we're really excited about, and Zeke Montoya, uh senior defensive lineman.

10:00

We have a couple others missing, but we have a we have 29 in our senior class.

10:03

I'm really proud of that.

10:04

Last year we had 10, and we ended with six on the on the active roster.

10:08

So having going into this season with 29 seniors is a blessing, and I'm excited for these guys.

10:12

I think each one of them knows how much I love and appreciate each uh one of them.

10:16

So your 2025 senior football blue devils.

11:44

No, these are public safety cadets.

12:07

Good evening, everybody.

12:09

My name is David Bain.

12:10

I'm the chief of police at the Marietta Police Department.

12:12

I know most of you, I believe.

12:13

Uh this evening we wanted to present our public safety cadet program to you to let you meet some of these young men and women that are the future of the city of Marietta, the future of this country, and possibly the future of law enforcement lawyer.

12:26

Um they've been involved in some competitions on the statewide national level, which one of their advisors will talk about briefly.

12:32

And what I'd like to do now is call him up, um, Sergeant Wesley Scott, and he's going to talk a little bit about the program and have some introduction of these younger men and women behind me.

12:45

First, I'd like to want to come up and introduce yourself one by one.

12:50

Um I'm Cadet Christopher Owens.

12:53

And I go to my uh Marietta High School.

12:56

Yeah.

12:59

Uh hello, I am Cadet B.

13:02

I've been with the program for one year, and I go to Marietta High School.

13:06

Hi, I'm Cadet Gracie Owens, and I go to Mary Hell High School.

13:12

Hello, I'm Cadet Chisholm.

13:14

Uh I go to the Sellis Academy and I've been in the program for three years.

13:22

Hello, good evening.

13:23

I'm Sergeant Scott.

13:24

Um, I get the honor of working with the incredible cadets that we have with our department.

13:29

Um today I'll talk about their success, their dedication to the program.

13:33

Um so Marietta, real quick, Marietta um adopted the program like in 1988.

13:40

Um after COVID, it went away.

13:42

Uh 2023 came back.

13:44

Um, and then it became the cadet program before it was the Explorer program.

13:48

Um so that's where we are today, and why we are cadets.

13:51

If you've heard of the Explorer program, it's the same thing.

13:54

Um I feel like it's more than trophies and and training for us.

13:59

It's about building leaders.

14:00

Because if you look around our department today, from the deputy chief down to several officers throughout our department, they were part of this program, and their leadership today, you know, is very impactful to our department.

14:09

Um so earlier in the year, they went to Conyers, Georgia, participated in a state competition.

14:16

Um Derek finished first place in the marksman um uh competition.

14:22

So it was great for him to do that.

14:24

That was huge.

14:26

Um earlier in July, we flew to California, Ontario, California.

14:31

Um it was the national competition.

14:33

Um consisted of about 70 teams across the nation that were competing.

14:37

Um high stress scenarios were put in place, like um active shooter, hostage rescue, trouble unknown, all the things that we would deal with.

14:45

Um they put them into scenarios and make them perform them.

14:48

Um one of them, uh the felony stop portion of it.

14:51

They uh finished third place overall, so it was fantastic.

14:55

Uh we're looking forward to the growth of uh the cadet program.

15:00

We only have four at the moment, but our goal is 20 by the end of the school year, so we're gonna be grinding out for the next couple months.

15:05

So thanks.

15:52

Any announcements from this body?

15:56

I have one uh on September the 4th at 4 o'clock.

15:59

We're doing the dedication for the mural on uh Cole and Lemon Street.

16:04

They've just about completed, they're gonna put a sealer on it, but uh other than that, it's about complete.

16:11

If you haven't had a chance to see it, uh please uh come to the dedication.

16:16

We're gonna have uh one of the cop commissioners is gonna be there, um Eric Allen.

16:21

He's contributed toward the um uh the cost of the mural.

16:27

And uh I just wanted to invite each and every one of you to if you haven't seen it to ride by and take a look at it.

16:34

It's based on a theme of the basics, which is a cop collaborative trademark from um Harvard University did a study and to determine that this program helps kids uh get a head start in school.

16:47

So it's designed from birth to pre-K parents to get engaged with their kids at an early age to improve our literacy, which we all know the state of Georgia is running behind.

16:59

Over 60% of the kids in the state of Georgia, I'm told are not can't read on a third grade level when they go to the fourth grade.

17:07

So uh please stop by uh if you're available.

17:13

When is that?

17:14

September the fourth at four o'clock p.m.

17:19

Mr.

17:19

Mayor.

17:20

I believe uh Art in the Park will be Labor Day weekend, correct, Bill?

17:24

Yes, it will be.

17:25

We encourage people to be out there for that.

17:27

We also have uh at the Gone with the Wind Museum, Saturday, August the 30th.

17:31

We have a Southern Experience of Gone to the Wind Museum.

17:34

Uh we have at the Marita History Center uh right now an exhibit called Witness to the Holocaust, uh, which will be on display through October 10th.

17:44

And then uh we also have uh our annual rummage sale and book sale, which will be at the History Center.

17:50

Uh that'll be Thursday the 14th and the 15th and the 16th of August.

17:54

And lastly, uh we have two things uh that involve the the square itself.

17:59

One is square screenings.

18:01

We're starting that back up again.

18:02

So we actually have movies that are shown in the square, and the next one will be August 15th.

18:08

Um that's gonna be school spirit night.

18:10

Uh and then we'll do September 19th and October 24th.

18:13

Those start at 7 o'clock as far as the activities and then the movies actually start when it gets dark.

18:20

And as was said earlier tonight, uh our next concert in the square is Friday, August 22nd.

18:25

I want to encourage everybody to be out for that.

18:31

Anything else, to me it was exciting.

18:38

Mr.

18:38

Kidd had the new postmaster come out, and that postmaster's always been an important person in this town.

18:47

Yeah, Mr.

18:48

Holland um expressed an interest to get more involved in the community, so we invited him to our town hall meeting, and uh he showed up with his with his wife, and uh we had uh it was uh excellent opportunity to get to meet the postmaster because I haven't met the any of the previous postmasters, so a lot of our community members got to meet him as well.

19:13

And to add on to that, yeah, I think he had his in his uh in last Friday here in this chamber as well, which is a good very nice ceremony.

19:24

Yes.

19:29

Next item was Kevin appearance.

19:30

We have one person signed up, Mr.

19:32

Savison.

19:33

Will you come down, please?

19:42

Good evening, counsel.

19:47

Good to see everybody tonight.

19:50

Bringing the thunder.

19:54

Really, there's a few things I want to talk about.

19:56

One is the Marietta Data Center.

20:00

I know this is in the books already.

20:02

The zoning's been approved.

20:03

I'm not against data centers, and for the record, my youngest daughter works for one of the top five data centers companies in the country.

20:11

I'm pro data center.

20:13

I think it's overall a good thing.

20:14

But there's just a lot of questions that aren't answered.

20:19

I put a post on next door that got uh about 6,000 views in 48 hours and a lot of interaction.

20:25

And people just need some answers.

20:27

You know, a lot of people are worried about it.

20:29

A lot of people don't have a lot of uh innate knowledge about what a data center is.

20:34

They read things on the internet, they see videos on the internet, and I think we could the city needs to do uh more of an outreach program to educate the public on this.

20:44

There's obviously some interest, especially since it is indeed an election year.

20:48

It'd be a good time to share.

20:52

One of the things that uh y'all were so happy about was that the Marietta will absolutely benefit from property tax and business license revenue, which is based on sales.

21:01

I think that's a good thing.

21:03

I guess the downside potentially, and I spoke spoke with Mr.

21:07

Bruton about this at a town hall that I was concerned about was how is this going to affect our uh electricity rates for the residents.

21:16

He told me that you all have negotiated a contract now and that we shouldn't see a hike.

21:21

I'm hoping that instead of a hike, we actually can find a way to get a reduction in our rates because that is a kind of a regressive tax for everybody.

21:30

And we're gonna generate all this extra revenue, it shouldn't all just go to the city coffers, it should go back to the people.

21:38

Just a little factoid.

21:40

Right now, the uh the data center industry consumes about three to five percent of all the electrical power generated in this country.

21:47

In ten years, it's expected to become 95% of what is currently generated.

21:53

So we got a big slot to fill, you know.

21:55

We in the next 10 years, we better come up with some more power.

21:59

And I'm not against, I'm not against data centers.

22:02

I just want to make sure we're forward thinking.

22:05

I want to make sure that they're paying during the summer for the extra fees that are going to be required when we have to go off and buy power past our enlightenment.

22:14

You know, we get that PPA uh in there, and I just want to make sure that's factually correct.

22:19

Take it your word that in the contract that they will be paid, they will be paying some demand.

22:27

Then everybody must many people don't even know this, but I brought it up before that the Board of Lights and Water Profits generate roughly 20% of the Marietta City budget.

22:39

Again, all this extra revenue should come back to the people in some way.

22:45

A big question I've got is we got just blushed over how they're handling their heat rejection, the cooling systems.

22:53

We get told it's a closed loop system.

22:55

I got that.

22:56

It's chilled water loops, not splitting atoms.

22:58

The big question is is it water cooled or air cooled?

23:01

The uh uh company that's leading the industry right now in air cooled technology, just happened to be the one my daughter works for, but that uses a lot less water.

23:10

I know it's not gonna hit the Marietta water.

23:12

I know they're gonna be on the Cobb County water system, but we all buy water from the same place.

23:17

So again, I just think it would be a good idea if we educated the public about what's going on and how much how much that's gonna impact us because water rates could go up.

23:28

The one downside I look at is the company that's behind all this, and none of that comes out until the deal is done, is grind cap.

23:38

They have zero completed data center projects.

23:41

They're gonna be the new data center company here.

23:44

They have yet to open one.

23:47

They've got, I think, uh three to five projects in development in some way, shape, or form.

23:52

None of them operational yet.

23:54

So we don't know if they're a good actor or a good player or a good operator.

23:57

You know, we're going on a lot of faith right there.

24:00

There's a lot of choices.

24:01

What they do have is a proven track record of completing um residential uh facilities, and this is a far cry from that outside of project management.

24:12

So I just want to hope that we're looking at that, and we're paying attention to that, and we're gonna hold their feet to the fire.

24:17

We've got good solid contracts.

24:21

I'll segue into some BLW conversation.

24:25

I think y'all saw a couple of weeks ago a proposal for board meeting and term limits by COBEMC.

24:33

It was a paid advertisement in the paper.

24:36

You know, I've bought I've brought this up many, many times.

24:39

Term limits need to be part of the BLW.

24:42

It's ridiculous that we've got two people sitting on that board that have been doing it for over 20 years.

24:47

Makes no sense.

24:49

I mean, there's a lot of talent coming in and out of Marietta.

24:51

There's a lot of there are people that are infinitely more qualified than the one who is the longest sitting member there for sure.

24:58

Mr.

24:58

Stevenson, you have five minutes up.

25:00

As it should be.

25:01

Thank you.

25:15

The next item is a consent agenda.

25:18

Mr.

25:19

Will you introduce it, Mr.

25:20

Walker?

25:20

Will you conduct it?

25:22

Yes.

25:23

Good evening.

25:24

If everybody would take out their agenda and notice on the left side of 95% of the items tonight, have a little asterisk, what that means, they're on the consent agenda, and we're going to vote on all those at one time in order to save time.

25:38

We've gone through several meetings, uh, committee meetings and agenda work session.

25:43

And uh Mr.

25:45

Haney, is there any changes to the consent agenda?

25:47

Mr.

25:47

Walker, there are no changes.

25:50

One thing.

25:51

What is that?

25:51

The Georgia Symphony Orchestra one didn't show me abstaining.

25:54

I have abstaining on that one.

25:55

Thank you.

26:00

Is that it?

26:01

Yes, sir.

26:03

I'd like to make a motion to approve the consent agenda if everybody would cast their vote.

26:08

Second.

26:10

All over, please.

26:13

Consent agenda is approved 7-0.

26:16

Thank you.

26:19

Thank you, Mr.

26:20

Walker.

26:21

The Board likes there is a board lights and water appointment, and that's a no action item because we we don't have we're still looking for the uh for the process, and that'll be done in two weeks.

26:34

But it's just between a vote and no vote in a table.

26:39

So it's a no action item item 0634.

26:46

Yep, next one is will you cut Mr.

26:49

We conduct a public hearing on Zero Z 2025 Dex 16 in Ward 1 and 5 being known as 105 Ayers Avenue.

27:02

Yes, sir, Mayor Tellman.

27:03

The public hearing is now open as the mayor said on 105 Ayers Avenue.

27:08

Mr.

27:09

Cummings comes forward, uh the rules adopted by the mayor and city council provide that there's a 30-minute total on any rezoning application, which is 15 minutes per side.

27:21

There's also a limit of five minutes per speaker.

27:24

Is there anyone here tonight that would like to speak in opposition to that item?

27:28

Anyone in opposition?

27:30

See none, Mr.

27:31

Cummings, the floor is yours, sir.

27:33

Thank you, Mr.

27:34

Haney, and good evening.

27:35

So for KZ 2025-16, the applicant Gray McWerder is requesting the rezoning of 105 Ayers Avenue from R4 to R4 with increased density within the in-fill residential overlay, which would go from eight units per acre to 8.3 units per acre.

27:53

And Mr.

27:53

McWurder is here to present on behalf of his request.

28:06

Good evening.

28:06

Um I'm Gray McQuerter and Quarter Realty Partners, and as Daniel just said, we're looking to increase the density of 105 airs from eight units of the acre to 8.3 units of the acre.

28:19

It is currently zoned R4, and it's within the IDZ overlay district.

28:25

Um we meet the minimum square footage.

28:28

Minimum square footage is 5,000 square feet per lot.

28:31

We're well over that, and we meet the minimum lot width, which is 40 foot lot width.

28:38

Um, but really it's kind of a rounding area.

28:41

We're only doing three homes, but the code says there's no more than eight units per acre, but we're seeking 8.3 units to the acre.

28:53

Any questions, Mr.

28:54

McWater?

28:57

Yes, ma'am.

28:58

Um so the first question is can we put up the previous slide with the the plaque?

29:09

Okay.

29:10

Um I see where one driveway showing 20 across 22 long.

29:15

Are they all at least 20 feet long?

29:18

Yes, they're they're all the same.

29:19

I okay, so I don't want to jumble up the page with a bunch of the mission.

29:23

Okay.

29:24

Okay.

29:25

And we have the requirement of the sidewalk.

29:29

Are you going to put in the sidewalk or are you going to look at the donation?

29:33

We will likely donate it since there's not it currently in the sidewalks, we'd donate them the right way.

29:38

All right, thank you.

29:40

And just following up, I saw a recommended stipulation, the two-car driveway, uh, two-car garage.

29:48

You're okay with that.

29:49

I think I saw that in the plan in the recommended plans.

29:52

Yes, we are.

29:54

Okay.

29:54

Thank you.

29:55

Other questions of Mr.

29:56

McWarter.

30:00

If you'll have a seat, let's see if there's anyone that would like to speak on this matter.

30:02

This is a public hearing.

30:02

Is there anyone that would like to speak on this matter?

30:06

Anyone at all?

30:08

Yes, sir.

30:08

Come forward, state your name and address.

30:12

I really just have a question about this.

30:16

Um, from those uh footprints, it seems like these are really tiny houses.

30:25

How much liverable space is in those houses?

30:30

Well, you cannot ask this question.

30:31

You can make comments.

30:33

He can answer that, can he?

30:34

Nope.

30:34

This is okay.

30:36

This is a whole time.

30:37

Well, they seem they seem awful small, and uh they probably are five feet apart.

30:46

Is that right?

30:47

With the fill in so we can go as small as five feet between houses.

30:53

I just think that's too small for a family to live that close to somebody else.

31:00

Thank you.

31:00

Anyone else that would like to speak?

31:03

Maybe the city council the public hearing is closed.

31:11

Um I make a motion to approve the application from R for single family residential to R for single family residential with increase in density with stipulations that there will be two car garages and a donation of right-of-way in lieu of a sidewalk.

31:36

And just for clarifying, the increase in density is to 8.3 in the in the residential infill overlay.

31:43

So it's tied is still tied to the overlay?

31:45

Tied to the overlay.

31:46

I have a question then.

31:48

This is more for Daniel.

31:51

The minimum square footage in the city is is it 1400 square feet?

31:57

Uh I might have to look specifically at the infill residential overlay to meet whatever the minimum is.

32:06

That's correct, it would.

32:07

And his minimum.

32:08

His plan so far doesn't show any need for variances.

32:10

That's right.

32:21

Any other questions?

32:25

I'd like to call the question.

32:27

Please indicate your vote.

32:30

Motion carries seven oh.

32:31

Thank you.

32:49

Is Mr.

32:50

Craig?

32:58

Okay.

32:58

Can you just yeah, come on down?

33:07

So this is not a public hearing, but it is a final plating of the property at 213 Frasier or the subdivision of 213 Fraser to a number of lots.

33:21

I guess I just have one question for you.

33:23

I see that there is a easement for the uh driveway easement for the far back um landlocked property and the property next to it.

33:37

Um there a way to make that same easement usable by what will be listed.

33:48

I think that says 206 summit, and also 194 summit.

33:55

So we're not having four curb cuts, or actually five curb cuts right there.

33:59

Yes, I believe it was from talking with my surveyor.

34:02

That's a utility that could be used correct.

34:05

Okay.

34:06

So instead of having five okay, because that's a pretty small street.

34:12

All right.

34:13

That actually was my only concern.

34:17

Just really quickly.

34:18

And to effectuate that, you know, you're going to make sure you're doing the appropriate cross um easements and cross easements on the lots, correct?

34:26

Thank you.

34:29

So it's already been motioned, I guess.

34:33

It just didn't go on consent.

34:35

Not yet.

34:36

Okay.

34:37

There would need to be a motion to approve.

34:38

All right, so I'm going to make a motion to approve the final plat.

34:41

I'll second.

34:42

Any further discussion?

34:45

I would like to call the question hearing none.

34:49

Motion carries 70.

34:50

Thank you, sir.

34:52

Thank you.

35:03

The ethics code.

35:09

Before there's a motion, I would like to ask just an item of been put out.

35:19

Thank you all for waiting to have us here.

35:22

I would like to see some interaction of the tri or facts.

35:30

Done if you could not like get a if it'd be too just that they may stay it.

35:36

And that could be ruled by the trial facts.

35:43

Not automatic, but they would have to one of the parties would have to ask for it to be stated.

35:49

Okay.

35:50

Who is the trier of fact?

35:53

The ethics committee.

35:55

So right now it is.

35:57

Yeah, that okay.

35:59

So they're the trier of fact.

36:05

And passes on forward to the council.

36:08

So we're the trier of fact.

36:10

Yeah.

36:13

No, it goes to the appeals.

36:17

They issue the indictment, they do the trial, and then the it comes back to us.

36:37

Well, we could make them the trial facts if there's something that you could have to start speaking in English now, so uh non attorney is on it.

36:48

I need to defer to the ethics committee.

36:52

I'm pulling up the ordinance right now.

36:55

They have a separate attorney representing them.

36:58

Yeah, and I do not believe she is here.

37:01

We have Mr.

37:02

De Heinz here.

37:05

Um Mr.

37:07

De Heinz, do you know off the top of your head whether or not it is currently written that the ethics committee makes a renders a judgment, or they just make a um recommendation to counsel.

37:26

It depends on whether it's an elected official or a board member.

37:31

For what members we make the final decision for elected officials, it goes to the city council.

37:35

So then we're the trier of fact.

37:38

I mean, we make a recommendation, but the initial fact finding would be for us.

37:43

The other thing to remember about this, mayor address your concern.

37:48

The Georgia Municipal Association model ordinance and their ethics handbook describe this procedure as one that cities can adopt.

37:57

You don't have to adopt it.

37:58

City of Middleton is adopted to see if Tifton is adopted.

38:02

City of Pea Street Corners has adopted this exact same language.

38:06

The idea being that if someone is running for office, that the electorate should make the decision based on the merits of the individual and have it not be disturbed or concerned if it's a potential ethics issue.

38:20

The other thing about it, remember about the ethics complaint.

38:24

Filing ethics complaint does not automatically mean there is a violation.

38:28

The ethics committee in the first instance can determine so fruitless complaint that there's no violation of the code and dismiss it out of hand and if there's no hearing at all.

38:38

If there is, we do accept it.

38:44

Then we would do that.

38:45

And it has to be done with it.

38:49

They do have Ms.

38:50

Richardson said earlier.

38:51

You do have six months from the time the event occurred before you file the uh complaint with the ethics committee.

38:59

That helps.

39:05

So if something happened during the thing during the thing, they could still file they could still file based off the fact that it's just be filed after the election.

39:14

Right.

39:15

The way the way the ordinance is written, the one we're recommending you approve, that the complaint would not even be accepted by the city.

39:25

It's as if it never existed.

39:26

You can't file it because you would not be allowed to.

39:29

So you would have to wait until after the election to file it.

39:34

And as Ms.

39:34

Richardson said earlier at the JL meeting, they voted at that time to make this effective January 1, 2026, so we're not going to play until the mayor and city council stand for election in 2029, I guess.

39:50

Is that the right?

39:51

Right.

39:52

But to me that that denies due process.

39:56

You know, somebody announced I'm going to file suit, and the city mayor says you can't file suit.

40:00

And the city mayor says you can't file suit, just like I mean, we had the exit except the last one we had was because somebody lived in Smyrna.

40:09

I mean you know, and the complaint was thrown out.

40:12

And it was in the trial fact, that was by it was by the ethics committee.

40:20

They heard what what I call indictment.

40:29

I see the logic.

40:30

I'm glad other people see it that way.

40:32

I just think most things like this are done at the trial level, not where somebody just given a free get out of jail card.

40:43

Or being denied due due process to defend yourself.

40:49

Well, again, due process attaches when there's a judiciable justice.

40:55

If you can't file the complaint until after the election, then there's no due process issue because there's nothing in front of any tribunal.

41:04

You don't think somebody was mad enough to file a complaint wouldn't raise the issue.

41:09

It'd be the trial before the people, and you could not.

41:14

Certainly true.

41:14

And we could have a complaint file with us.

41:16

We could dismiss a complaint as being frivolous and not a violation of the ordinance.

41:20

It could still be tried in the media and social media.

41:27

You looked at a lot in the shoes you like within 30 days.

41:31

I mean, it it always demands a speedy hearing.

41:35

That's correct.

41:37

But so you say, well, you can't do it, you gotta wait three months for you defending us, right?

41:42

But remember, if the ethics violation occurred today, the individual filing complaint has six months before they file it.

41:48

They don't have to file it within 30 days.

41:50

The time limit you're talking about is once it's a good one.

41:53

Once you file it, you get it's not the piece of paper.

41:58

I mean, we have papers, we have blogs, and somebody would say they deny me the right.

42:03

I mean, it's like the whistleblower.

42:04

I mean, even if you know you can't would you want to do that for the whistleblower thing in our code and the Georgia code?

42:12

I can't speak to Mr.

42:14

Blore.

42:14

I'm not at the ethics.

42:15

I'm only at the end of the year.

42:16

But I just talked about whistleblower.

42:17

You just can't get cut justice on and off.

42:21

The idea behind the GMA, the idea behind the GMA, if you read the GMA handbook, which is maybe 7580 pages, explains every one of their provisions.

42:31

And for this particular provision, the statement is let the electorate vote for who they want to have in office.

42:40

And so by taking the violation of an ethics code out of the mix for the election, you leave it to its own process in its own time.

42:51

That's the idea behind it.

42:53

This is a recommendation.

42:54

You don't have to do this.

42:56

But so there is a foundation for it.

42:58

It's not just made up out of whole cloth.

43:00

We consulted with GMA.

43:02

We can looked at Mabelton and the other ordinances.

43:04

It's in place now, it's in effect now in other locations.

43:08

To my knowledge, that's not been a problem, but we don't know.

43:13

So it's an I think we ought to just adopt GMA's model plan.

43:21

We've been doing this for two years.

43:23

This is our second.

43:25

We've talked about red lining, then we got blue landing.

43:30

We can't even.

43:33

That's a good point.

43:38

I think we just go with GMA.

43:39

I mean, we all go to their conferences.

43:42

I would say that we're probably not all going to agree on it.

43:45

You do not appear to agree.

43:52

I just this is a first reading.

43:57

This does not put it into place.

43:59

Because it's a chase of the ordinance, we have to have a second reading in a month.

44:04

Um it shows back up on the JL committee.

44:11

So we have two more looks at it before it comes down to a final up-down veto.

44:20

Oh, yeah, I meant up-down vote.

44:22

Um, yeah.

44:24

It's not fair.

44:28

Uh yes.

44:33

Well, you're right.

44:34

If somebody was to hit the veto button on this table, it would and then it was overridden, then it still would just be if somebody objected to the first reading, it if it take another.

44:49

We yeah, we would still have the second reading.

44:51

Yeah.

44:52

I might choose to take the longer path.

44:57

So we have further discussion.

45:00

Yes Well you're right if somebody was to hit the veto button on this table it would and then it was overridden then still we'd just be if somebody objected to the first reading it if we take another yeah we would still have the second reading Yeah I'm like please take the longer pay at the further discussion 30 days to change your mind is there a motion I don't think we need one I think it's just finally vote you still need to make a we don't vote now okay we need to you would yes um you had a motion though yeah motion to approve effective motion to approve the um section regarding complaint filing near elections which would become effective one January 2026 any further discussion all those I'd like to call the shit question please vote your preference five two seven oh seven one seven one is there a motion to override the idiot mayors so moved so moved a second second please indicate your vote uh ride six one I think that exceeds five votes so the first reading is history books my record stands to vote it again for two more times in a month in a it's it comes up next for two more we can shoot at us for two more times we can yeah okay this is not this is not right to try and wave the second reading it might take two votes each that's all right that's why he said two more right could have gone either way it's too complicated for this I was thinking about two sound right you underestimated anyway the next item I'd like to open up the floor for unscheduled appearance Austin Avenue Avenue traffic Mark comes up Mark Austin Avenue Mayor Tummer the public hearing is now open on whether or not to authorize the public works to install two speed tables on Austin Avenue with an estimated cost of three thousand dollars this is in ward one Mr.

47:33

Rice the floor is yours part of the traffic common policy public works conducted a public information meeting uh for traffic calming on Austin Avenue from Lawrence Street to Skyview Drive on February 20th 2025 after the public meeting the requester for the traffic calming use a balloting form provided by public works to collect signatures there were 56 affected parcels and 39 signatures were obtained by the requester all 39 signatures were in favor of the traffic common measures proposed which meant the required 70 percent approval threshold in the policy this street is located in ward 1A the attached concept provides for two speed tables located between Lawrence Street and Skyview Drive the estimated cost for these items are three thousand dollars uh as you see along the um the speed data that was collected we because of the length we took two uh different readings there both met the volume and the speed requirements in the 85th percentile and we would uh recommend the installation of those speed tables thank you mr rice is there anyone here that would like to comment on that matter related to Austin Avenue anyone that would like to comment please come forward state your name and address you have a five minute limit please uh Kayla Buxton 246 Austin Avenue um I was one of the champions collecting signatures for this measure um every owner occupied unit signed yes in favor of these um except for two units and one person is living out of town the other person works nights but everyone that we could reach that lives in that unit was always in favor um every rental property owner we were able to get in touch with was in favor we have had more signatures come in prior or I guess after we submitted these um to the city to reach that 70 percent threshold so we'd really love if you helped make our street a little bit safer thank you sir anyone else who would like to speak a question for you sorry come on mate the there's a question for you you said that there were more signatures from uh the property owners um outside the ones we have on the list outside the 39 yes after I submitted them um I was told I could keep them um and if they were needed I could submit them to add them to the public record um I have all of them on a Google drive I'm happy to show them to you now if you wanted to see those um do you have one of the addresses real quick just one of the addresses real quickly a hundred percent I haven't heard anything that was counter to everybody wanting this and everybody was positive when we had the um the the meeting on this a hundred percent trying to make sure I'd rather just make sure that we got the five one at least one more on that make sure we're good.

50:00

I haven't heard anything that was counter to everybody wanting this.

50:02

And everybody was positive when we had the um the meeting on this.

50:13

Well, we already have 70 percent.

50:17

Yep, and it is the the most recent ones we received were for 121, 101, and 52 Austin Avenue.

50:24

Okay, thank you.

50:25

Thank you.

50:27

Once again, this is public hearing.

50:29

Is there anyone else that would like to speak on this matter?

50:32

Seeing no, Mayor, time of the public hearing is closed.

50:40

Ms.

50:40

Richardson, you have a motion for us, please, ma'am.

50:42

I do.

50:43

I'd like to make a motion authorizing public works to install two speed tables on Austin Avenue as indicated with an estimated cost of three thousand dollars.

50:54

Second.

50:59

Any further discussion?

51:02

Please I'd like to call the question.

51:05

Please indicate your vote.

51:07

Motion carries seven oh.

51:08

Thank you.

51:26

I'd like to open up the floor for unscheduled appearance.

51:29

If any citizen would like to come forward, please come down and be heard.

51:42

See none, I'd like to close uh the public hearing.

51:47

Anything else to come before this morning?

51:49

No, sir.

51:51

Meeting adjourned.

Discussion Breakdown — Share of Meeting
Zoning and Land Use███████████████████19%
Procedural██████████████████18%
Ethics Code██████████████████18%
Youth Programs████████████12%
Transportation Safety█████████9%
Public Safety███████7%
Community Engagement█████5%
Arts And Culture█████5%
Energy Management████4%
Summary of Proceedings

Marietta City Council Meeting – August 13, 2025

On Wednesday, August 13, 2025, the Marietta City Council convened for a regular meeting at 6:00 PM. The meeting featured a recognition of the Marietta High School football team, public comments on the Marietta Data Center and Board of Lights and Water (BLW) governance, a rezoning request, a final plat approval, a contentious first reading on ethics complaint filing near elections, and a traffic calming measure for Austin Avenue.

Consent Calendar

  • Recognition of Marietta High School 2025 Blue Devils football team – Added by motion to suspend the rules (approved unanimously). The team was introduced by Mayor Tumlin and Coach Cameron Duke, who highlighted the 29 seniors and the upcoming season schedule.
  • Consent Agenda Items – The council voted 7-0 to approve all consent agenda items collectively. Councilmember Kent noted his abstention on an item related to the Georgia Symphony Orchestra.

Public Comments & Testimony

  • Mr. Savison (public speaker) – Expressed support for data centers overall (“pro data center”) but raised multiple concerns about the Marietta Data Center project: lack of public education/outreach (citing a Nextdoor post with 6,000 views in 48 hours), potential impacts on residential electricity rates, water use/cooling method (air-cooled vs. water-cooled), and the developer Grind Cap’s lack of completed data center projects. Also urged term limits for the Board of Lights and Water (BLW), calling current long-serving members “ridiculous.”

Discussion Items

  • Rezoning – 105 Ayers Avenue (Z-2025-16) – Public hearing for rezoning from R-4 to R-4 with increased density from 8 to 8.3 units per acre within the In-Fill Residential Overlay. Applicant Gray McQuerter (Quarter Realty Partners) presented plans for three homes. One resident questioned small house sizes and five-foot side setbacks. The council approved the rezoning 7-0 with stipulations for two-car garages and donation of right-of-way in lieu of sidewalk.
  • Final Plat – 213 Fraser Street – Subdivision of property. Councilmember Morris questioned driveway easements to reduce curb cuts on a small street. The final plat was approved 7-0.
  • Ethics Code – First Reading on Complaint Filing Near Elections – Debate over a proposed ordinance section that would prohibit filing ethics complaints against candidates within 60 days of an election. Mayor Tumlin argued it “denies due process” and that complaints should be decided by the ethics committee (trier of fact). City Attorney De Heinz explained the GMA model ordinance rationale: “let the electorate vote” without ethics issues intervening. The effective date was proposed as January 1, 2026. Motion to approve passed 7-1 (Councilmember Kent opposed). The mayor’s veto was overridden 6-1. The item will return for second reading.
  • Traffic Calming – Austin Avenue – Public hearing to install two speed tables on Austin Avenue (Lawrence Street to Skyview Drive). Public Works reported 39 of 56 affected parcels (70%) in favor via ballot. Resident Kayla Buxton (246 Austin Avenue) confirmed additional signatures in support. The council authorized installation at an estimated cost of $3,000, voting 7-0.

Key Outcomes

  • Rezoning Approved – 7-0 for 105 Ayers Avenue to R-4 with 8.3 units/acre, with stipulations.
  • Final Plat Approved – 7-0 for 213 Fraser Street.
  • Ethics Code First Reading Passed – 7-1, mayor’s veto overridden 6-1; second reading scheduled.
  • Traffic Calming Authorized – 7-0 for two speed tables on Austin Avenue.
  • BLW Appointment – No action taken; process to continue in two weeks.
  • Next Steps – Ethics ordinance second reading at JL committee and full council; Austin Avenue speed table installation.

Meeting Transcript

I don't know if somebody else here, huh? I'd like to call the city council meeting to order, please. For we see August the 13th. Before we have a for there's been one slight agenda adjustment, not the consent. We added the recognition of the Mayor High School 2025 Blue Devils. Motion suspend the rules and add an item to the agenda. Second. Motion seconded. So to add the item. The item being the recognition of the Merida High School football team. Correct. 2025. 25. All in favor, please raise right in. Thank you. Invocation, Mr. Johnny Walker. Yes, thank you. Please bow your head as I pray. Dear Lord, we come before you today with grateful heart, seeking your guidance and wisdom as we gather for this city council meeting. We thank you for the opportunity to serve our community and for the trust that has been placed in us. Thank you for all that have gathered here tonight. Please help us make fair and good decisions. Grant us clarity of mind to make decisions that are beneficial for all. Help us listen with open hearts and speak with kindness and respect. May our actions reflect your love and compassion, and may we always strive to promote peace and unity within our city. Please be with the men and women who serve and protect us each day. Bless our leaders with the wisdom to lead with integrity and the courage to stand for what is right. Dear Lord, we ask that you be with every athlete, student, coaches, and faculty of Marietta High School as they start the new school year. Keep them safe and help them prosper throughout the year. Lord, one more prayer. Please be also with Marietta Police Officer Mike Freer, who lost a special family member today named Duke. We ask these things in the name of Jesus Christ. Amen. Coach Duke, uh, would you lead us into the pledge, please? Sure, everybody. I'd like to leave this. One nation under God, individual. Thank you. Which one do you fellas? The one in the white shirt? Well, Coach, if you join me down here. I apologize. Good to see you. Good to see you. Well, it's my pleasure to introduce Coach Cameron Duke, who has come to us from Florida, where he had a 99 and 31 record, and I understand you got your hundredth victory the other night. Over an Albert, congratulations. They they got it, but you get the numbers or go to this. But that's a great job. I I'm especially entitled because I'm risking my reputation betting a chicken dinner on you, fellas.

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