Good evening.

I'd like to call the city council meeting for order for Wednesday, July the 8th.

First time I've been Councilman Ghoststein is going to lead us in the invocation and the pledge of allegiance.

Mr.

Ghosting.

Our God and God of our ancestors, we ask your blessings for our country, state, and city, for its governments, for its leaders and advisors, and for all who exercise just and rightful authority.

Teach them the insights of your laws, that they may administer all affairs of state fairly, that peace and security, happiness and prosperity, justice and freedom may forever abide in our midst.

Creator of all flesh, bless all the inhabitants of our country, state, and city with your spirit.

May citizens of all races and creeds forge a common bond and true harmony, to banish hatred and bigotry, and to safeguard the ideals of free institutions that are the pride and glory of our country, state, and city.

May this land under your providence be an influence for good throughout the world, uniting all people in peace and freedom, helping them to fulfill the vision of your prophet for the time that nation shall not lift up sword against nation, neither shall they experience war anymore.

And let us say Amen.

Amen.

Please rise to the pledge.

I pledge allegiance to the flag of the United States of America.

And to the Republic for which it stands.

One nation, indivisible, liberty and justice for all.

Good evening.

I am Deputy Chief Tanya Twaddell, and on behalf of Chief Beam and the Marietta Police Department, it is my pleasure to introduce our most recently certified police officers at the City of Marietta.

The last several months, they have been through over 800 hours of training.

And now that they are certified and they were sworn in.

And so now they are about to enter our field training program for the next few months.

So they will introduce themselves, um, each each one of them.

Good evening, everybody.

Um council members, uh, fellow citizens and officers, thank you for having us today.

Uh as um de uh chief said, we're the newest um Marietta police officers, and we're thank and thankful that uh you guys receive us here.

I'm gonna start introducing myself.

I'm Hugo Luciani.

I'm 37 years old.

I'm originally from Caracas, Venezuela, and I have a degree in business um administration.

Um but I was always felt drawn by service through my life uh through mainly sports.

That's what I did, um, mainly my life.

And um actually uh also being a father.

So for me, um, when I became an American citizen, I really started fulfilling my service vocation, first joining the National Guard, and now as law enforcement dedicating my lab to service.

Um I couldn't be more proud, more humbled, um, happy to be part of Marietta uh police department and um the city also employee.

Um I lived outside Marietta, outside COP, and I actually wasn't very familiar with the area.

And when I started my research and and I started coming here and knew um the police officers, the people around, I said there's something special about this place.

So they're really the heart work, spirit, values, um, professionalism.

Um it's it's very, very unique here.

And I do believe we have the finest uh peace officers of Georgia.

So that's why I'm here.

I'm convinced about it, convinced about that.

So thank you again, and yeah, I will leave you to the rest of my fellow officers.

Appreciate it.

Uh hello, everybody.

My name is Officer Benjamin Rule, and I'm with the Marietta Police Department.

Um, I joined on seven months ago, and I could not be happier to be here today.

Um, I am 27 years old, and I am the middle child of a family of five.

Um, me and my entire family, we've lived here our entire lives in the Marietta and Kinnesaw area, and I find this to be my home.

It's beautiful here.

I love it.

So the reason for me joining with law enforcement is because I love this place.

It's always been beautiful to me.

And I want to be the best protector that I can for this city, its people, and of course, my family.

So I want to say thank you to you guys.

I have uh five siblings, including myself.

I am one of four, so I am a quadruplate.

Uh joined on as well as with my brother who's in the back here.

Uh we both started in January, went through the whole process together.

Uh couldn't be couldn't be happier for him and myself.

Um I really look forward to helping make Marietta as safe as it can be.

Thank you.

Good evening, everybody.

My name is Evan Hammonds.

Um, I'm from Harlem, New York.

I moved out here in my early teen years.

I attended East Con Middle School and I graduated from Wheeler High School.

My main reason I wanted to join law enforcement.

I'll admit, it's filled a little for the thrill, but on a deeper reason, I wanted to change the narrative.

Um, I feel like social media nowadays has cops paying as they're the bad guys, they're trying to do everything bad.

They're not for the people.

I want to change that narrative in a positive way.

And one last reason, I want to be a source of hope to the young generation coming up, showing and showing that no matter what you go through in life, you can always you go always find a nice path and prosper.

That's my that's my deeper reasoning on why I wanted to join law enforcement.

And I'm not sure if I said it or not.

Sorry if I did.

I am 21 years old.

And I just want to say thank you for everybody that came out here, support us and listen to us.

Thank you.

Hello, I'm Jalen Paris.

Um I grew up in New Jersey.

I was raised in both Jersey and New York, but I attended high school in Jersey.

Uh I played football my whole life.

I went to college before um deciding to be a police officer.

Um while I was in college, I felt like it really wasn't for me, and I needed more of like a structure in my life.

You know, I was used to playing football, so always had a sense of of having a team around me.

So my main reason for wanting to become a police officer, I wanted to be someone my daughter can be proud of uh when she grows up.

She can grow up knowing that her dad did something and helped people.

So that's my main reason for becoming cup.

Hello, everybody.

I'm Officer Haley Hardeman, and I have grew up in the Marietta area my entire life.

I am 21 years old and I have served at the PD since the beginning of February.

I have joined law enforcement to serve my community, and I would love to become a detective or a forensic technician to really give families peace that don't know what happened to their family members.

I love working for Marietta and to serve you guys, and I'm so excited for this new journey for us.

Good evening, everybody.

Um I'm Ryan Goran, his brother.

Um I'm also 20 years old, uh, born and raised here in Marietta, Georgia.

Um my main reason for becoming a law enforcement officer is to give back to my community.

Um like I said, I grew up here, so I think it's right to serve the people that help shape me.

So thank you.

Good evening, everyone.

I'm honored to be here tonight.

My name is Matt Seakin, 25 years old, and very proud to be a part of the city and serving in this capacity.

Originally I'm from Tampa, Florida, where I graduated from the University of South Florida with a degree in public relations.

Finally, I just want to say thank you to the council and thank you to all of you.

This type of collaboration is what makes a city such a great place to live, and I'm very happy to be here.

Thank you.

Good evening, everyone.

My name is Asmir Planichich.

I was born and raised here in Marietta, Georgia.

I was born to immigrant parents from the country of Bosnia and Hensogovina.

My main reason I wanted to become law enforcement is my family's history.

They've been through war.

They've had a hard life.

And my main goal here is to protect everyone, serve everyone, and I don't want no one to end up like how they ended up.

And I don't want no one to end up like how they ended up.

And uh I mean it's just been hard for them.

So coming to a new country and all that too.

So I don't want no one to go through that hardship in life.

So that's my main reason.

Thank you for having me.

Congratulations, guys.

Which one are you is a better brother?

That's what I've done for.

Where are the other two?

Good morning.

I'm here.

Afternoon, sorry.

We'll probably be here till morning, but you know, right now it's afternoon.

We're gonna come down?

Sure.

All right.

So I it is I'm Jason Waters, Chair of Parks Direct and Tourism, and I represent for Ward 2 on the City Council.

It's my honor to uh present a proclamation from the mayor and council for parks and recreation month, and here's our parks director here.

So I will give you the award, right?

All right.

Whereas parks and recreation is an integral part of communities throughout this country, including the City of Marietta.

And whereas the City of Marietta Parks Recreation and Facilities Department has been a recipient of the agency of the year award by the Georgia Recreation and Parks Association, and whereas Parks and Recreation encourages physical activities, designs, and promotes active lifestyles and locations such as local parks, Custer Park, Sports and Fitness Facility, Elizabeth Porter Spray Park Spray Ground, Franklin Gateway Sports Complex, among others.

And whereas parks recreation programming and act education activities have such as the Gym City Summer Camp, youth sports, keep Marietta beautiful, are critical to childhood development and community cleanliness.

And whereas parks recreation increase a community's economic prosperity through increased property values, expansion of local tax base, increased tourism, and the attraction and creation of businesses.

Whereas the parks and recreation facilities department are dedicated to exceptional maintenance of city facilities, and whereas the staff of Parks Recreation Facilities Department provide programs for the city to enjoy, such as 250th Celebration of America, Marietta Soccer Fest, Marietta the Gathering, the Christmas Tree Lighting, and more.

Whereas the U.S.

House of Representatives has dedicated July as Parks and Recreation Month, and whereas that's the final and so that's the good part, right?

And whereas the U the City of Marietta recognizes the benefits derived from parks and recreation.

Therefore, be it resolved by the city council that July is recognized as parks and recreation month in the City of Marietta, signed by Steve Tumlin, Mayor.

Congratulations.

Thank you.

Thank you for all you do.

Thanks.

Thanks to the mayor and council for recognizing July's Parks and Recreation Month for the City of Marietta.

Just want to take a moment to thank our uh staff who work hard every day.

Uh just some of the things they do at our parks.

We have beautiful parks in our city.

Um our ground staff work very hard to keep our parks beautiful for each of you to enjoy.

Myself included.

Our facility staff get called when toilets are clogged, when the electricity is out, when water is running out of the ceiling.

Our parks recreation staff work seven days a week from as early as 5 30 a.m.

to as late as 11 o'clock p.m.

Uh providing recreations for hundreds of thousands of people each year.

In particular, our staff at Franklin Gateway Sports Complex work to host tournaments sometimes those last uh three or four days in a row.

And when they uh with thousands of athletes and very large crowds during our special events, such as this past weekend.

Um, our staff work long hours to make sure our events are uh a great experience for the entire community.

Um, just an example as I mentioned was the 4th of July.

Um that day, our staff started the day at 4 o'clock a.m.

Um, worked all day and they didn't leave till after midnight uh to make sure the square was cleaned up and everything was ready to go for businesses uh and everybody the next day.

So just um on behalf of all of our departments uh and the other leadership in our apartment, just want to say thank you to all of our staff uh and uh we really appreciate everything you guys do.

Again, thank you for uh mayor and council for the recognition, and we appreciate uh council support of our department and recognizing the importance of parks recreation to our community.

All right, thank you.

Any announcements from the side of the diocese.

Next item we have four people signed up for scheduled appearance.

I'd like to Mr.

Donald Barth, if that the very first one, Mr.

Barr, please come on down.

Good evening, ladies and gentlemen.

I'm here to speak to you again.

One of the things I want to say is that I couldn't been more proud of y'all.

You look good at the parade.

You look good when I walked out of here the other night, Wednesday night, the square was crowded.

I mean, y'all have done so much amazing stuff to put us on the map.

Being on the map might not be such a good thing.

But going back to last month, I didn't speak.

I wasn't really happy with y'all.

I want to throw a red card, but I'm gonna give you a yellow card.

Our policies and procedures are there for a reason.

Follow them.

When it came down to sign up to speak, follow the policies and procedures.

There can't be anything worse than having Haney over there juggling paperwork.

Reggie signed up to be the seventh speaker.

He wound up the 13th speaker.

Other people signed up, and Mr.

Mayor went out of his way to go outside and bring in a speaker.

I understand why.

Let's get the video review.

Sir, we do such a good job, and I don't want y'all acting like cats in the cat box covering something up.

What we did on Franklin Road, I was there.

I listened.

You did everything according to your policies and procedures.

Some of you were not on the council yet.

It doesn't matter.

We know what the policies and procedures are in place, and if you don't like the way they're done, change them.

But don't change them on the spot.

Now, over the past week, yeah, there's been a little bit of something something about a data center coming up.

Y'all, we can talk to the cows come home.

Somebody doesn't like data, somebody does.

I say it's part of infrastructure.

It always will be from here on out.

But I'm on I'm only one person.

There'll be a lot of people speaking tonight, whether they like data or don't like data.

Over the past little bit, I have gotten to look on some of the media.

I have seen somebody called Shaggy Van, Little Miss Grits, a traveling hippie.

Now, those are people I could hang with.

I'm gonna tell you something.

There's really people I could hang with because they weren't trying to do anything deceitful.

They were trying to do it one step at a time.

And when we go through this procedure tonight, we're gonna hear a bunch of different hearings on a bunch of different stuff, and I can't wait for gravel.

I'll be down here.

But what I want to tell you is I really appreciate for what y'all do.

I know this is a tough job, and I look forward to the rest of the meeting.

Thank you.

Well, maybe you may be.

Such as community centers and community centers, and also to help boost the police department.

Because if we really want to fight crime, it's not paying a big company with cameras who can't do anything, but it's paying more people in our towns to be there when something does happen.

Now, externally, Block does have a lot of problems.

There's a man named Ben Jordan B E N in Jordan.

He has found that there are over 60 different vulnerabilities with these flock cameras that people can hack into and then access those live feeds.

So not only is it that these people are unauthorized in the company that are spying on people, but we don't even know who outside of the company has been accessing these cameras to spy on people.

But we do, we do know because there have been over 15 different cops across the nation arrested for spying and stalking.

There have been two in Cherokee, five in Sylvester, and even one in Richmond that were all arrested for stalking and spying through these flock cameras.

The Homeland Security MITRE has flagged all of these vulnerabilities as high and critical vulnerabilities, and Flock has done nothing to fix them.

The Congress has even sent a letter to the FTC to investigate Flock, and nothing has been done.

Multiple cities across our country have all canceled their contract with Flock, but they still continue to run those cameras and then even add more cameras to their cities without their consent and spy on them.

The cities have started bagging their cameras because this is the last result resort that they can do, and some private citizens have even started cutting them down.

I'm not advocating for doing that because that gets into legal territory, whether that's legal or not, but has been happening.

Same with bagging the cameras.

It's to the point where even the cities are doing it.

It's bad.

And there are even people with warrants out there on their cars and for them who have committed zero crimes because the police have used flock cameras with no backup investigation to attach a warrant to an innocent civilian.

And now they're being pulled over multiple times.

There's one person who's the same cop, pulled them over three times the same week and knows him by name now.

Because all of an AI camera that no one wanted to investigate first before they followed through.

We are a country that loves our freedom and prioritizes our freedom.

It is our 250th year of our freedom, and we aren't celebrating it with freedom.

We are celebrating it by surveilling our own citizens with a private corporation that shouldn't be getting the money it deserves.

The money it deserves is no money, period.

And if you really want to help your citizens, there you should take that money away from them, cut down their cameras, and put it into resources that genuinely can help your communities.

Thank you.

Mr.

Reggie Cope Copeland.

Could he possibly be outside officer?

Did you see Ray J out there?

We'll go on to the next one and give him if he pops in, just let me know.

Mr.

Turner?

Excuse me, Ms.

Lindsay Turner.

Good evening.

My name is Lindsay Turner.

I live right down the road from here.

Mayor, City Council, City Manager, Deputy Chief, thank you for all that you do for this city, and thank you for allowing me the opportunity to speak tonight.

I am a Georgia native, and Cobb County has been my home for almost my entire life.

As a child of divorced parents, I spent half my time here, and then I moved to Cobb County permanently in 1998 and attended and graduated from Kinnesaw State University.

I have proudly called this community home ever since.

Over the years I've watched Marietta grow into something truly special.

I've seen the square transform into a place where families gather, small businesses thrive, and people from every background come together.

And that didn't happen by accident.

It happened because generations of leaders and citizens cared enough to build something worth protecting.

Serving my community has always mattered to me.

In 2007, after meeting a young man with special needs, I realized there were very few opportunities for families like his to enjoy activities together.

So I started a nonprofit organization.

Over the next 14 years, we served over 2,000 families across the state of Georgia, and today that mission continues in Wales and Kenya.

I also spent more than 20 years in the technology industry where I witnessed firsthand how rapidly technology advances and how quickly innovation can reshape communities.

I also spent more than I'm sorry, later I left that career to become a financial advisor after I discovered that my grandfather, who I had never had the opportunity to meet, took his own life due to financial worries.

It was because of that experience that I was called to my personal mission of helping people master the relationship with money so they can live lives filled with joy, peace, gratitude, and love.

Data centers are one of the most important issues our city has faced in many years.

And the reality is this some people oppose them and some people support them.

But almost everyone agrees on one thing.

There are still questions we haven't answered.

How much noise will they generate?

How much water and electricity will they require?

What impact will they have on nearby neighborhoods?

What are the long-term environmental and health consequences?

And perhaps most importantly, are we making decisions with enough information?

Tonight I want to propose something that I believe can unite this community instead of dividing it.

I asked this council to make a motion and to vote yes on placing a 12-month pause on approving new data centers while also creating while also creating a data center advisory committee.

I will gladly volunteer to lead this committee.

This committee should include community members, technology experts, environmental engineers, infrastructure and utility specialists, healthcare professionals, and others with relevant expertise.

Over the next year, the committee members will visit existing data centers, study the science, evaluate the data, meet with experts, ask the difficult questions, and examine both the benefits and the risk.

At the end of the process, the committee will publicly present everything learned to this council and to every resident of Marietta through an open town hall.

Not conclusions based on fear, not conclusions based on politics, conclusions based on evidence, transparency, and facts.

And if the committee determines these data centers are not appropriate for Marietta, the responsibility doesn't end there.

The committee should also help identify where they can exist responsibly without simply shifting the burdens onto another community.

I don't believe in protecting my neighborhood while sacrificing someone else's.

I believe every community deserves the same thoughtful consideration we want for our own.

Council.

Great cities are not built by making rush decisions.

They are built by leaders who have the wisdom to slow down long enough to get the decision right.

And I hope tonight you choose wisdom.

If you're willing to consider this proposal, Councilman Kent has my contact information, and I'd be honored to help.

And to my fellow community members, thank you for being here.

I encourage you to remain strong and steadfast.

But before we decide that we can't trust our city city leadership or that everything is broken, let's give them the opportunity to lead, and let's give ourselves the opportunity to learn together.

If after doing the work we discover we need to stand together in opposition, I'll be standing right beside you.

But for now, I choose hope.

I choose to believe that here in Marietta we can do something that's becoming increasingly rare.

We can slow down.

We can listen to one another.

We can follow the evidence, and we can make a decision that serves not just ourselves but future generations.

Thank you for your time and consideration.

I'd like to close a public hearing and next time be the consent agenda, but before I do that, there might be a motion to amend the agenda and like to call Mr.

Gosteen to make a motion.

This time, Mr.

Mayor, I'd like to make a motion to suspend the rules to add an item to the agenda relating to a denial of claim.

Second.

All those in favor, please raise your right hand.

Or vote.

By hand it passed seven mo.

Um Mr.

Mayor, at this time, I would like to make a motion to uh deny the claim of Shakwe um Seanikwa Horton.

Correct, Mr.

Haney?

Yes, sir.

That's the motion.

Second.

This will be added to the agenda for denial on can to be added to consent.

Yeah, we'll pass the motion first.

Although all those in favor, please raise your right hand.

Please vote.

Motion carries seven mo.

Is it all right for consent?

I'm consent.

Objections.

I'd like to put a call on our mayor pro team, Mr.

Andre Sims to lead the consent agenda.

Thank you, Mr.

Mayor.

Uh, if everyone could turn to page two in your agenda.

Um we as uh city council, we have uh actually uh marked well, everything that's marked there with an asterisk.

Uh the city council has uh looked at it, reviewed it, discussed it, and um now it's brought forward.

So uh want to let you guys know that.

Um there any additions to the uh consent.

Please, Mr.

Sams.

There are two additions.

The first one is on page seven.

Item 20260359, the revised detail plan for the Atlanta Northwest Training Facility.

That matter will be added to the consent agenda.

The next change is on page eight, item 2026.

The Franklin Gateway Park Committee will be added to consent with the addition that the committee will be subject to the Roberts Rules of Order and the City Code.

All those, Mr.

Sims, are the changes.

Okay, can you repeat the one on uh page seven again for me?

Yes, sir.

It's uh 2026 0359, the revised detail plan for the Atlanta Northwest training facility on Franklin Gateway.

Okay.

That that gets moved to consent.

Thank you very much.

Yes, sir.

Um you're gonna say what I'm gonna say.

Go ahead.

You it's all you.

I was just gonna uh ask if the mayor and the mayor pro Tim want to mention one of the items that is on here on consent, and that is uh 202692, the resolution instituting a temporary moratorium.

Yeah.

Going forward, we uh passed a motion from previous meeting and put on consent agenda to have a moratorium.

There are two that are already out there.

It does not include the two that are there, but going forward, uh obviously more information is needed.

If nothing else, just what is a data center.

I mean, is it six megawatts?

So we that there are just a lot of issues that we do that so when people uh we we we're especially attuned to it because we have a power company and you you know we we um just want to make sure that we're doing the right thing and making the right decision so we pass a moratorium through December the 31st of this year, and that just means that the BLW wouldn't can't even take applications that because we couldn't react to it.

So that did pass, it did pass unanimous.

It gets on consent by being unanimous.

So that part did pass.

There is a data center, one for it's not one of the mega ones.

In fact, Marietta doesn't have 800 acres available for you know the the ones in other party state that is bothering all of us.

So uh that said you read it for a vote.

Yep, I am.

I do.

I'd usually don't make those okay.

So I make a motion to approve the consent of the vote.

Approve what uh the mayor just discussed regarding the resolution.

Okay.

We didn't hear what he said either.

We can understand.

We don't know what you're voting for.

Can you hear me now?

Okay.

Mr.

Mayor, may I mean to answer this?

Mayor Pratin.

Yes.

So we're voting on the consent agenda.

These are items that the council has agreed unanimously it wants to pass.

The one key item that the mayor wanted to point out is a six-month moratorium on any new data centers.

So that will be part of the consent agenda.

So that is the key that the mayor was trying to say, and we passed that 6-0 to put on this agenda on Monday night.

So when we vote on the consent agenda, that will effectively put in a moratorium on data centers other than the two data centers that are currently in process.

So there you go.

We will be voting on a moratorium on data centers.

Well stated.

So do we have a motion to approve what you just said.

So moved.

The consent agenda.

Consent agenda.

Yes.

So moved.

Okay, it's been moved and uh do we have a second and probably second.

All in favor?

Raise your right hand.

Vote.

Oh, vote.

Okay.

Why is that not on the moratorium?

No.

The motion passes 7-0.

But the first first item would be a public hearing.

Mr.

Haney, will you conduct a public hearing for 787 horizon and 720 Welsh Avenue, please, sir?

Yes, sir.

City Council, this will be a public hearing.

Oh, that one's that was tabled.

That's table.

Yep, yep.

Excuse me, that was a table.

That's the table, yes, sir.

286 North Hill quiz.

Thank you, Mayor Tumba, and the city council.

This will be a public hearing on 286 North.

Okay.

Michael had a phone call.

Mr.

Waterspeak.

This will be a public hearing on 286 North Hill Crest Drive.

And the public hearing will now be open.

Mr.

Cummings, the floor is yours to give an overview of this matter, please.

Thank you, Mr.

Haney.

For case Z 2026-10, the applicant Sarah T.

Parker is requesting a special land use permit and home occupation permit type B for the property located at 286 North Hillcrest Drive for the purposes of operating a tutoring business.

Ms.

Parker is here to present her request.

Ms.

Parker, if you'll come forward and state your name and address and the request the request that you have for the mayor and council, please.

Good evening.

My name is Sarah Parker.

I live at 286 North Hillcrest Drive and have lived there most of my life.

I grew up in the house, left for a short period of time, and have come back and raised my family in that house.

I for the last 18 years I have run the learning coach tutoring over on Whitlock Avenue.

I have decided that I need to retire, or at least semi-retire, but we don't want to leave students hung out to dry.

So we are asking to rezone the property in order to take care of our students that we currently have.

We're not looking to build a business.

We are simply trying to take care of the kids that a few of the kids.

We've graduated a lot this year.

A few of the kids that we feel need to stay with us.

We've come off the beaten path to get to us.

We are pretty close to the Whitlock side of East Service Street.

But we're what we're proposing is to take our hour of tutoring down to 50 minutes and then have a 10-minute interval in there for the ones that are there to leave and the new ones to come in.

We by no means want to do this every day.

Two to three days a week is all we're asking.

And we're setting the hours between one and eight.

And we'll just put a balloon or something up so that they can locate us.

But we have uh been working on this, working at this um company for 18 years, my son and myself, and that's all the tutors we have.

We will not hire in any new tutors.

We will not hire anybody else to come in.

And we are hoping that you will rezone so that we can continue our work.

Any questions, Ms.

Parker?

Any questions?

This is a public hearing.

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

Anyone that would like to speak on 286 North Hillcrest, Mayor Toma City Council, the public hearing is closed.

Thank you, ma'am.

Mrs.

Ward 3.

Ward 3 Councilman have a motion.

Yes, sir.

I think uh these efforts are wholly appropriate and admirable.

So I'm happy to uh request approval, make a motion to approve your request for a special land use permit for tutor services as type B home occupation.

Thank you.

Second.

Any further discussion?

I have a question.

We when we I guess talked before you mentioned you were only going to do this for a few years.

My question is to Doug, does this uh permission stay with the property or can it be limited to a certain amount of years?

It's it there's no limitation on the amount of years it will stay with the property and with Ms.

Parker.

Both but it is not my desire to carry this on for another 18 years.

Thank you.

Thank you.

Any further discussion?

Signal and please indicate your vote.

Mr.

Parker, the motion carries 7-0.

Thank you, ma'am.

Next item is 225 Crescent Circle.

Mr.

Haney, will you please conduct a public hearing?

Yes, sir.

Thank you, Mr.

Mayor and City Council.

The public hearing will be on 225 Crescent Circle.

And Mr.

Cummings will kick it off and describe the request.

Thank you once again, Mr.

Haney, for case Z 2026-11.

The applicant, the Urban Group is requesting the rezoning of 1.17 acres of property located at 225 Crescent Circle from CRC Community Retail Commercial with stipulation to be a fitness center or gym to CRC with stipulations for the purposes of locating an administrative office.

And Mr.

Kevin Moore is here to present on behalf of the applicant.

Good evening, Mr.

Mayor.

Counsel.

Kevin Moore here on behalf of the applicant and owner, the urban group in this application for rezoning.

This property, you know you better know it as the CrossFit building.

Uh there on Powder Spring Street, uh, also fronting on Crescent Circle.

Uh this application comes to you as in 2017, this property was rezoned for the CrossFit facility, and it had a stipulation or a zoning condition that limited its use to an athletic and health club facility only.

And so it had a very use-specific condition.

Uh the urban group comes to you today with a rezoning application uh to remove that condition uh so that it can use the property uh as its administrative headquarters and offices.

The urban group is a construction company.

Uh however they are the construction trucks, equipment, and things like that would not be stored here that you would normally associate with a construction company.

This is their office headquarters.

Uh the urban group's principals are actually homegrown, uh, have lived here in Marietta and went to school here in Marietta, uh, and have done a fantastic job with their company uh and have bought this building because they want to be in Marietta for their headquarters.

We have uh uh added two conditions that were recommended for approval by the Planning Commission that were born out of the staff report.

Uh those two conditions are that no outside storage would be permitted.

Uh number one and number two that no auto-related uses would be permitted.

Those both came from the staff report, we think are highly appropriate uh for this building.

Otherwise, the building will remain the same and the interior will be renovated, uh, but the exterior will look largely the same just with new signage.

Uh of course that signs will be in compliance with the city's signed ordinance.

So we bring this application for your consideration uh with a positive staff report as well as a positive recommendation from your planning commission on its hope that you would approve this application with the two conditions that we have noted as well.

Any questions?

We're here to answer uh answer them for you and appreciate your consideration tonight.

Any questions, Mr.

Moore?

Yes, ma'am.

So in their I think it's their letter, your letter in their application, they state that um no fleet staging or commercial vehicle parking beyond normal employee visitor parking.

Would you be agreeable to make that a stipulation of the application?

Absolutely.

All right, thank you.

Thank you very much.

Mr.

Moore.

No, I just want a clarification.

Um I ask a question through the chair through the this case.

What was the stipulation that was talked about?

The stipulation would be no fleet staging or commercial vehicle parking beyond normal employee visitor parking.

Okay.

Thank you.

Any further questions?

This is a public hearing.

If anyone would like to comment on the matter related to the rezoning request of 225 Crescent Circle, please come forward at this time.

Anyone?

Mayor Tum of the City County.

Oh, no, you're good.

You to speak.

Uh Rusty Roth, 221 Wright Street.

Um I just wanted to reiterate some of the other issues that the staff uh report brought up.

Um of the things is that uh as you know, the property used to be zoned OI originally before 2017.

Uh so there was a limited uses that were allowed there.

When it was rezoned, it was rezoned specifically for the gymnasium or the gym use.

Uh now with this request, um, even though they are conceding that they are not going to use have any auto-related uses, there are over 50 uses in CRC.

A number of them are uh probably inappropriate for this location given its proximity, both to residential houses and to the Walton Renaissance uh residential facility that has an access directly across from this property.

So there are things like ambulance services, convenience stores, car washes, furniture stores, farm and garden stores, um, as well as uh clarifying the use of uh of what they're going to store potentially inside the building.

So there is just some issues that I think need to be clarified, not only for this property owner, but for future property owners, so that it's clear what can and can't go on there.

Thank you.

This is public hearing.

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

Mayor Thomas City Council, the public hearing is closed.

Yes, ma'am.

So I have a question for uh Mr.

Cummings.

Oh, there you are.

Okay.

So if this was changed back to OI, the administrative offices would still be acceptable, correct?

That's correct.

What would be the additional variances or things that they would need?

It would be less, would it not?

It is unlikely to be any.

So it would be what we have already got, but nothing greater.

That's correct.

Could we downzone?

I guess it would be a down zone back to OI.

Actually, future land use.

Do you know what it future land use is?

Yes, it is CAC Community Activity Center.

Not exactly the same, but what would the OI future land use?

It could be within an activity center.

Future land use is a little bit less close to tied to a specific.

So it could fit in as well.

It could fit in there, okay.

Is that a something we can do?

Down zone to OI?

Yes, ma'am.

I think you would like to.

Mr.

Moore, do you have a comment on that?

Rather than down zone the property, um, they've the property comes with a uh use condition today that we're seeking to um change.

Uh would offer why not make it use specific for offices as the additional condition.

It's use specific today, is how it was zoned in uh CRC with the use specific for an athletic and uh gym facility.

We can make it uh use specific for an office for offices.

It accomplishes the same thing and keeps any other future use whatsoever would have to have to come back through this process.

Yes, it would.

So yes, sir.

Following off of that, are you are you as represent as a representative of the applicant okay with that stipulation then being added to any motion that might come up?

Yes, that's why I offered it.

That's correct.

And that would be keeping the property CRC but limiting it to that one use.

To offices, correct?

Any further questions?

So the question I have is it makes the no auto-related use of stipulation irrelevant?

Correct.

Correct.

Good sign.

Any further questions?

Public hearing is closed.

Thank you for your questions.

Thank you.

Chair recognizes the council member from Ward 3.

Yes, sir.

Uh I would like to make a motion to approve the rezoning for this property to CRC with stipulations that include no outside storage permitted, the elimination of the letter of stipulations approved with Z 2017-29, and that this property be used as administrative offices.

Second.

Discussion.

I have a question for Doug if I might.

So is that sufficient in his motion to understand where he's going with this to limit that use?

Because it says to be used as, but it's not limited to.

You could add the word only at the end of that motion, that would exclude everything except this specific use.

Did you mean all this?

That's what I meant only.

Yes.

The um I think I'll say Parliamentary inquiry on this.

Because the motion is already on the thing before the council to amend it at this point, we would need to be able to do that.

To add the word only.

At the end of that last tip?

Yes.

Second.

Would you care what you can make the motion any way you see fit.

I mean, this but we hit it has to be Germaine, but you okay with adding the word only?

Yes, sir.

Clarification, Mr.

Haney, does it still CRC with a limited CRC?

Mr.

Cummings will clarify that.

That's correct, yes, sir.

But keeping CRC.

I mean, Ruben, we really converted it to a special use, have we not?

Yes, sir.

Yes, we are worried about the dangers of CRC, I think.

Yeah.

We ought to explicitly state that.

This is only purpose for.

And that's why I added only.

So this is going to be the only thing they can do there.

Anyone else who would want to come and do something else like this would have to come back to us again.

Because it was CRC with a use as a gym only.

And when CrossFit went away, that's what made it so that they had to come to us now.

Which is why I asked, do you want a down zone to OI, which then would take away that issue, or just put the limited use?

And we've gone with limited use, but whoever would use it next if these if they didn't stay or whenever they left would have to come back for any other use other than an administrative office.

That is correct.

And is administrative office pretty clear in our code defined.

Mr.

Cummings?

Probably not defined.

I believe the motion is sufficiently clear for staff to interpret.

Yes, sir.

Okay.

So all the big space they could store there, or does it just be a high roof?

I mean, that's a big building.

That's a big area where the exercise was.

Right.

They they could have some, as far as internal goes, in keeping with an office use.

They couldn't come in and do any kind of warehousing or distribution or anything that all of a sudden would lean itself more towards an industrial use.

They would be restricted against that.

So it would really be purely the office use that they're requesting now would be allowed.

And then the provision for no outdoor storage as well.

Thank you.

Any further discussion?

Questions.

Hearing none, I'd like to call the question.

Please indicate your vote.

So this is just the amendment?

Just for the amendment, yes.

This is an amendment first.

The amendment carries 7-0.

And now for the main as amended.

Any further discussion?

Please indicate your vote.

The amended motion passes.

Thank you.

7-0.

Still your motion.

The next item is 1155 Power Ferry Place.

And this is a public hearing where you conduct such pleasure.

Thank you, Mayor Tummer.

This will be a public hearing regarding 1155 Power Ferry Place.

Let me make an introductory statement.

Rezonings are limited to 15 minutes for the applicant, 15 minutes for the opposition.

Within the 15 minutes, each speaker is given five minutes.

And there should be no show of hands, no applause.

The Georgia Constitution requires the City Council to vote to approve or deny based upon the facts.

With that comment, Mr.

Cummings, the floor is yours.

Before Mr.

Cummings goes, Mr.

Mayor, may I be recognized?

Yes.

I just need to disclose that attorney Parks Huff made a donation to my campaign.

Just a disclosure.

Thank you, Mr.

Haney, for for case Z2026-12, the applicant Prime Storage Powers Ferry LLC is requesting the rezoning of 10.727 acres of property located at 1155 Powers Ferry Place from CRC community retail commercial to CRC community retail commercial with an additional use as a data infrastructure facility, also known as the data center, for the purposes of allowing portions of the existing building and site to be converted into a data infrastructure facility.

And Mr.

Parks Huff is here to present on behalf of the applicant.

And Mr.

Chuck Clay.

I'm not Parkshaw.

Good evening, City Council.

It's my honor to be here.

My name is Chuck Clay.

I've lived in this city since 78, which is not as long as some, but probably more than a lot.

And there's sometimes an idea that that's uh that just happens.

Sometimes there's an idea that things are inevitable, and they're not.

It takes vision, it takes leadership, it takes looking over the horizon and doing things that are a little bit daring, a little bit uncertain, but you're playing it with the best knowledge you have to do what's right and beneficial for the city.

I bring you what I think is a win-win here today for the City of Marietta.

Things don't happen.

When some wise Marietta has got an airfield built up on the hill there called Rickenbacker Field, nobody had any idea that that would be the Bell Bomber plant and Lockheed, Georgia.

Nobody knew when we couldn't buy water to develop Cobb County.

You all, you all set up the Cobb Marietta Water Authority, a stroke of genius.

When you wanted to control your energy and your grid structure for energy and make it more profitable for the cities and the Marietta, you created the border lights and water, which is a cornerstone.

Another stroke of genius.

When we had problems on Franklin Road, y'all took charge.

And look what's happening out there on Franklin Gateway.

The housing authority, when we had problems, your housing authority under your direction completely transform Marietta.

These things don't just happen.

They're due to your leadership and your vision and you looking forward and doing what's best.

Edge.

Edge is a local business.

It's here in the community on a commercial site, already zoned, using less than half of the space in the building.

A butts on Highway 75.

Was limited by 12 to 18 max for the peripheral power.

It will never grow another megawatt or wattage or any other thing.

We have done the due diligence working with you and your leadership.

We have done the mitigation on sound.

We're not using cob water or marietta water.

It's a closed loop system.

Marietta Border Lights and Water has energy.

It needs to sell for all of our benefits.

And we're there to buy it now.

We don't have to wait.

This ain't speculation, guys.

This is flip the switch and generate millions of dollars for this city for all it accounts for.

Now, what is local mean?

Local mean.

Well quiet, quiet, quiet.

I appreciate the right there, and I respect each and every one of them.

But I'll save my piece and set down, and they're certainly going to have their right to say theirs.

But I'm going to tell you something.

They've done this due diligence.

They've operated in accordance with the rules.

We've answered the questions.

And when I say local, what does that mean?

That's local jobs.

That's local power.

They use the word data center.

This isn't even a data center if you want to get into the technicalities of it.

This is a transmission of information center.

How much?

Yeah, yeah.

Uh-huh.

How many?

How many of these folks think this cell phone operates itself?

That's not how it works.

That's how many phones think this operates itself.

How many folks think that operates itself?

They operate on the information derived from cell towers that we don't like.

We don't have to build a cell tower.

And when you talk about what's important for this city, it isn't just jobs, it isn't infrastructure.

There's a Marrietta way and there's an easy way.

You saw a film here earlier.

You saw a film here just a few minutes earlier, a young woman hit by lightning.

Let me tell you what local coverage and local distribution of power means.

That means instant.

That means instant response within a second.

When you're talking about importing or utilizing something in Ohio, New Mexico, or wherever it might be, you may have a five, six, seven, eight percent lag time.

One of your loved ones, one of my loved ones on the highway in a wreck, one of my loved ones in a cardiac arrest, one of my loved ones struck by lightning.

One of my love, and this is true, sitting at an operating table at Kennestone that's operating with a screen in front of them on instant data to save a life.

That's what we're talking about.

Now, if you think uh this is quality of life, it ain't.

This is called life and death.

And these are the things that make this city, and I know, I know you know it, these are the things that make us stand tall.

It's not being afraid, it's not being booed, it's not be given the easy course, it's the Marietta way.

It's great to look to the past, but you know what?

If you're going to embrace the future, you can't get mired there either.

And I would say at the end of this, I said it's a win-win.

I'll tell you it's a win-win, and we'd ask for your approval on something that is vital to continue the but uh the city and the charm and the beauty and the facilities and the infrastructure we enjoy today.

Thanks.

Let's be respectful, please.

If you're speaking, you'd want to be respectful as well.

I I'm going to go through a presentation and I'm going to ask for some time on the clock.

Because I'm not going to talk unless y'all can hear me.

All right.

I'm not going to be interrupted, and I will take a presentation because this is an important consideration.

And as the gentleman at the beginning said, let's talk about facts and not fear.

This is a property on where's the who's got the guy.

Okay.

This is 1155 Power Sperry Place.

First off, it's a little over 10 acres.

Forty years ago, it was pace warehouse, a retail building.

30 years ago, that pace warehouse was converted into a self-storage facility.

That's what you see right there is the Pace Warehouse building in the background.

On the right hand side is the storage buildings that were converted 30 years ago.

This has been a self-storage facility.

It's been the only use on the properties right next to 75, uh, right at the interchange with Delk Road.

Um this is a using an existing building, it's a brownfield development, and it's the environmentally responsible way to add infrastructure, digital infrastructure, and as Mr.

Clay said, if you want to understand what digital infrastructure being close by means, that means low, low latency.

If you want an example of where that is important, you had it with the police call.

Four minutes for the fire department to get there.

They're trying they're communicating with the police with the hospital.

That is the reason why it needs to be here and close and local because of the low latency.

That's the services need.

You're the number one digital city for a reason because you understand and embrace that technology.

Go to the next slide.

The edge is what it says.

It's it is not a data center like you have this 500 acres, and this is the transmission of that initial data that's so critically needed for traffic controls.

Uh, as your had another presentation you just got took a grant to better control traffic.

You have to have that digital infrastructure close by, and to do it in a responsible way is what we have the opportunity to do here.

Go to the next slide.

This is the most important slide.

A picture says a thousand words.

So this is the uh site on the left hand side.

You see the pace warehouse building in the in the uh star.

That is uh 95,000 square foot building.

We're taking less than half of it and putting digital infrastructure in that building inside that existing building.

It's an opportunity to use brownfield development uh versus redeveloping new property.

The most important part is uh we're 1155 Powers Ferry Place, 1130 Powers Ferry Place is a digital data center that has been there for many years.

It is very, very similar to ours.

It is older technology, it doesn't have doesn't use quite as much power as we do, but it's the same thing that we have is a digital infrastructure, and it is there, and it has absolutely no limitation.

It is zone CRC just like we are, it's a data center, and they can expand, and there are no limitations on the uses.

But what we did is we came forward with actually some limitations on our proposed use so that you are ensuring that you're protecting with noise, water, and other impacts.

That has none of these limitations.

We will have those limitations.

The other important thing to point out is that the red star at the top, that is your substation.

Again, why this location?

That substation is there, it is sized for this use.

So the substation does not have to be improved or enhanced, so you have power at the site that doesn't have to be uh brought in, and the infrastructure is already there, and you already have this use.

It's been there for 20 years.

It is the same exact use.

It's it's uh core data center.

Go to the next slide.

Again, the same exact zoning category between the two.

We're in a regional activity center.

Uh they are actually in a community activity center.

So from a land use perspective, we actually fit better with the land use uh in with our use.

Go on to the next slide.

Uh this is mission critical digital infrastructure that, as I said, is intent and need is for immediate low latency response for all sorts of businesses, for governments, for emergency response.

That is the reason and the need for here, but also because we use our phones all the time, and a lot of what's going on on our phones is actually being done elsewhere.

A lot of the uh automobile uh things are actually running on the towers and having them closed so that it can keep up with traffic and all that's important.

Go to the next slide.

So this is uh we've submitted a stipulation letter so that we have conditions that can be relied upon and can be enforced.

Uh and this is a very big part of that uh because it details the site plan.

So number one is the building.

It's the the existing building, uh, and that is only a portion of it that fur that lighter green would be used for the computer technology put in there.

We've agreed that that would not grow beyond that.

The remaining of that building is going to remain self-storage, as is some of the self-storage units that are in the parking lot was the parking lot for the pace warehouse.

Those will remain self-stored.

So this is not only converting, it's bringing in a new use, getting more utility out of a property, more uh use for the community while also keeping the existing use.

We've added some conditions that we would add to.

Number four is important to show.

That is a uh multifamily project adjacent to us.

That is what we are most concerned in being very very sensitive to.

We are showing an eight-foot privacy fence that is currently a chain link fence, um, and that would be replaced with a chain a eight-foot uh acoustically rated privacy fence along the property line.

Uh the other condition is number two is the location of the yard, which would have the mechanicals that support this.

There's two types of mechanicals.

One is uh backup generation, that is purely for backup, it is not to run the facility, it is only in the case of a power outage.

The other is the cooling chillers.

Those are no different than the chillers that you have in office buildings, at the hospital, at shopping centers, and at that data center.

It's the same technology.

It is no different.

And it is in a closed loop system, so it's environmentally sensitive and environmentally responsible to do that.

And we've agreed that it would be right there.

And it is obvious to anyone that the point of putting that equipment there is because it's close to 75.

And so it would have no impact in the uh on the adjacent properties because of this location.

Number three is the sound attenuation wall, again, included in my stipulation letter.

We would do a sound attenuation wall.

So the fence along the property line really is probably going to help more with the traffic noise than our noise because it's further away.

The best thing to do is put your sound attenuation directly adjacent to the mechanicals uh that do have their they are low uh volume uh systems, but they obviously, like any air conditioning units, there are tons of air conditioning units in the uh in the apartment complex.

So, like any apart uh uh like any AC unit, they do create noise.

So we've agreed to a sound attenuation wall designed by acoustical engineer.

You have a very detailed and very tight zone uh sound ordinance that limits even nighttime noise to 60 decibels.

Uh that's actually going to be a problem because we've actually done a study to show that uh because of the existing noise from the traffic, because of the existing noise with the airport, it's actually at 61 at night.

Uh but we will not be adding any additional noise because we are handling our noise on site.

Go to the next slide.

This is the type of walls we're talking about installing along the property line and along the adjacent to the uh mechanical equipment.

And again, the mechanical equipment is no different than what you have elsewhere.

The uh going to the next slide to show that this is within the air uh Dobbins Air Reserve base noise compatibility sub-area.

It is recognized as a noisy area because of the existing traffic from the airport.

Go to the next slide.

Mr.

You got one minute.

Okay.

This is uh showing that that our level of noise will be below your noise ordinance, uh, which is actually lower than what is already in the area.

Go to the next slide.

Uh we will be using a closed loop system, it would be filled, and it is a chemical, uh, it's very much like a radiator.

Again, same technology as what you already have at the other data center.

Go on to the next slide.

Uh this is for local use, it provides local jobs, it supports local businesses that need digital infrastructure close by.

This is no different than the other infrastructure we have.

Go to the next slide.

Uh this is straight strengthen the economy by providing jobs, construction jobs, significant construction jobs.

Our chief engineer is a graduate of what was Southern Polly.

Uh so he is working on this project.

He's glad to be doing it.

Go on to the next slide.

Um go on to the next slide.

This is the responsible way to have a digital infrastructure that is critical to be close by.

It's using brownfield development, it's not using water, it's a closed loop system, it's taking advantage of existing power that's already in the area and it fits within your power structure, what you need.

Go on the next slide.

Uh again, we went through that, got a couple of slides.

Um I think that may be it.

Go on, keep going.

Mr.

Huff, your time is up, sir.

All right.

Thank you.

This is a public hearing.

If anyone would like to speak in opposition to this, come forward, state your name and address.

It's not good by that.

Thank you.

Time out.

Don't hold on.

Hold on.

You have a total of 15 minutes.

If there's time left over, that's fine.

If the first speaker uses five minutes, that'll leave 10, you do the math.

State your name, address, and your comment, please.

Good evening.

My name is Selena Reardon.

I speak for myself represent myself and paid for no by no one.

Um and have a personal interest in the matter of the data center off Powers Ferry and a citizen who lives at 1395 West Booth Road.

I live right next to Fairview, uh Fair Oaks Park down the street.

Um I also, a couple weeks ago, our community had an outpouring of people opposing the installation of a data center off Bells Ferry.

The constituents of Marietta came to make themselves heard, and their message was clear.

We do not want as a whole to see a data center put in our backyard.

Now there's a request today to rezone for another data center off of Powers Ferry.

For those who may not have understood earlier, the memori uh uh memorium that got passed voted for at the beginning of this affects upcoming data centers that may be voted on to put them back to December.

It does not affect the two that are already being voted on, Bell's Ferry and the one off Powers Ferry.

Now, this request to rezone for another data center is pertinent to me, not only because I live in Marietta, but I work on that same road, two minutes from where the proposed data center would be placed.

That is not an exaggeration or hyperbole.

That is the estimated drive time from Google Maps.

Beyond the hammered home talking points, I'm sure we've heard plenty about polluting local waterways, even closed systems do when they're flushed, because they must be flushed to be cleaned, and they contain a lot of chemicals.

As we saw with the deadly contamination in Cheyenne, Wyoming by the Metadata Center this past week that has a body count.

The noise and raising our utility bills at home, I'd like to take the time to point out some specific people this data center could affect.

Also, off Powers Ferry, next to my office, there are several apartments and condominiums, uh, grocery stores and restaurant businesses.

But there's also Cobb County Fire Station 19 next door to my office.

We have to walk past it to go to the Dollar Tree.

This is two minutes from the proposed location.

Not only would installing this data center potentially impose financial strain and health risks on the citizens and small businesses of Marietta, it could also result in an increase in costs and risks for the station as well.

Any raises in bills, any water contamination, any constant noise pollution that could negatively impact some of our first responders who literally day and night sleep at the station to keep our citizens safe.

There's no arguing that data centers have their place.

Obviously, we have some and they're doing fine.

Um in an internet native county where we rely so heavily on our access to online services and communication, they're a necessary evil to some degree.

But to get the approval of the people of Marietta, a data center would need a lot of transparency.

Who is putting it in?

Why here in our backyards, what type of data is being stored there?

And not just the promises of the owners, but what contractually and legally binding laws and regulations are in place or being put in place to protect the people of our community from corporations that may not have our best interests at heart.

Until we have true transparency on these things, I will continue to state my opposition to this rezoning as I'm sure many others will, time and time again.

I'm sure many of my fellow citizens feel the same way.

Thank you for your time.

Next speaker.

Hello, councilman and women.

My name is Rifka Wolf Camplin.

I'm a resident at 2324 Suburban Court here in Marietta, and I've lived here for several years now.

Um a little bit about me.

I am a zoologist by trade.

My background is in science, and I do have a minor in sustainability and climatology as well.

So earlier, Mr.

Haney stated that this decision should be made on facts.

I thought I would uh share a couple of those with you.

Based on my background uh in scientists, I did a little bit of data crunching on the organism that is this committee.

Uh, based on what I've been able to find in the last 20 minutes on your LinkedIn personal websites and pages.

55% of you have a background in business, 33% in the legal sector, 40% in real estate, and 40% in finance.

Some of you overlap in more than one category.

Uh with that said, zero percent of you have a background in science or in health care.

Zero percent of you have a background in community-focused rules such as waste management, which I hope we can all agree are very important people in our community here in Marietta, and are statistically across the country, people who are most likely to be affected by these data centers based on where they are being built.

Um Mr.

Clay, I believe.

Mr.

Clay talked about vision and leadership for our city and about what's best for the future.

Unfortunately, I think that's a pretty subjective term.

We all have a different idea of what the best is.

He specifically mentioned energy profitability.

I see that as being energy over uh energy and profitability over people.

Uh, according to Forbes, a study that was released just this week, between 11,000 and 16,000 jobs have been lost every month this year due to AI replacing replacing citizen workers.

I don't see that being a people first solution.

I would also like to point out I'm so sorry I can't remember your name is um, sir, but he pointed out uh that our data data centers are already here.

We've had one in Marietta for at least 20 years, and we are using it for things such as our cell phones and our other gadgets.

That is factually correct.

However, uh, you might have seen a viral video recently, excuse me, a viral video by Dr.

Amy Margolis, who stated correctly, and I can email you the references if that would be interest to anyone in this committee, that 65% of new data center installations are specifically for enterprise use.

They are not from individuals, they are not from homes, they are from again those institutions that are replacing the jobs of our citizens.

So, again, what are what are we trying to preserve here?

What are we trying to build here, and what are we trying to leave for the people behind us?

Um I know I personally am really invested in a healthy and clean environment.

Again, I can share with you a great number of resources as to how we are not necessarily going to be leaving that if we proceed down this path.

Um I yield my time to my to my neighbors.

I'll keep this um I'll keep it as quick as I can.

Um you guys don't know me.

Um I know some of you.

Uh my name is Chris Conley.

My family and I live off of Burnt Hickory Road on the backside of Kennesaw Mountain in this probe data center is less than four miles away from my home.

Uh some of you may recognize me from my time playing for the dogs for the last 10 years playing in the NFL, but I'm back home now, uh, and so I'm showing up.

Um I'm standing here now as a resident and a father of two girls, one of whom has a respiratory compet complication.

Given the acceleration of the data center builds across the country, there's been a delay in understanding of how these data centers have affected the health and the well-being of communities, but the facts are coming in.

And now that more information is available, it is clear that data centers have a harmful impact and a high cost on community affordability and wildlife.

So I moved to Marietta because it was important to stay close to home rather than moving to another city or state, though it might have been harder for my next career.

I know the cost.

It is equally important to me that we put down good roots in a safe and sustainable way for my daughters.

So let's talk about cost.

Each of you know that nothing comes without a cost.

There are costs associated with air pollution, noise pollution, water contamination, water shortages, rising electricity rates, and others.

The list goes on and on.

But there's so much data available to support these facts and these damages that are being had right now.

And I was hoping that your previous menace vote was a mistake, but uh we can see now that it wasn't.

So right now, I know that this moratorium is necessary, but the council's laissez-faire attitude towards these rezonings and trying to move quickly to approve something of this nature is dangerous, not only for our community, but also for the positions that you hold.

Think about it.

This is a cost.

The way you deal with this has brought me here, and let's be real.

You don't want people like me showing up here.

It means you messed up.

Let's be real.

I came back into town because this was so important.

I wasn't here.

I flew back for this.

Speculation in this industry and the bets that you want to make should not come at the cost of our futures, not mine, not my daughters, not the people.

Vote wisely today.

Lastly, I'll leave you with one sentiment active by many of the coaches that I played under in the National Football League and collegiately.

Watch yourself.

You better not get too comfortable up there.

Comfort doesn't last because the next guy is lining up to take your spot.

Ms.

How much time would there is um seven minutes left?

Total.

Yeah.

This time we'll be shared.

We can be willing to more people talk just two minutes each.

I'll try.

My name is J my name is Janice Lemieux.

I live in Ward 3.

I'm here to urge you to vote no on the Powers Ferry data center rezoning application.

This is not a vote against progress or technology.

It's a vote for reasonable, responsible governance.

Marietta zoning ordinances are currently silent or at best unclear about developmental standards specifically designed for data centers.

These facilities are unlike traditional commercial or industrial uses.

Before approving case-by-case applications for the development of them, Marietta should give consideration and implement specific ordinances that establish predictable standards that encourage responsible investment while ensuring the new development aligns with the city's long-term planning goals.

Any ordinance addressing data center development should address appropriate zoning districts for data center development, minimum setbacks and buffering from residential neighborhoods and sensitive land uses, site design, landscaping, and architectural compatibility, noise lighting and visual impact mitigation, and I'll note that stipulation H of the application promises noises will meet the city noise ordinance.

That's not a concession, that's already the law.

Unfortunately, the general noise ordinance has no data center specific standards.

And this letter doesn't add any.

No decibel commitment at the property line, no post-construction sound testing, no independent verification, and no enforcement mechanism.

Ordnance should also address utility coordination and infrastructure capacity.

Where's Marietta Board and Lights in all of this?

Emergency access and public safety requirements.

Environmental performance, including air quality and stormwater management, still missing from the stipulations.

No water usage disclosure, no compliance monitoring, and generator testing limited to normal business hours with no cap on frequency or duration.

Ongoing operational standards and compliance monitoring.

Stipulation E is the quiet one.

It locks in approval of the existing nonconforming conditions on the site.

The staff analysis specifically recommended against granting relief that legitimizes those nonconformities.

So the letter doesn't just fail to address staff's concerns, it does the exact thing staff said not to do.

Voting no on this is not a vote against future data centers.

It is a vote to preserve the good of the people who elected you to protect and serve them.

Good evening.

My name is John Mendoza.

I'm a homeowner.

I live on Powers Ferry Drive.

Depending on what the map says, it's either a quarter mile or half a mile north of this proposed data center.

Now, um, when I found out about this, I'm I'm not a lawyer, I'm not a politician.

I fix air conditioners and furnaces for a living.

Now I did some research and I came across Department of Developmental Services analysis of this rezoning proposal.

You're trying to uh change this from CRC retail commercial to CRC community retail commercial with additional use.

And your analysis, your own analysis says the city's comprehensive plan designates this parcel's future land use as regional activity center, intended to support medium and high intensity office and commercial development serving regional markets and trade areas.

Although the rezoning request is for CRC with additional use, data centers are more commonly associated with industrial type development due to their reliance on large-scale mechanical equipment, continuous electrical demand, and exterior support areas.

These operational characteristics align more closely with industrial uses than with the commercial and office activities envisioned within the RAC designation.

Therefore, this rezoning request does not align with the city's comprehensive plan.

Your own analysis says this.

So why are we even considering this thing?

Hello, my name is Sage Bokine.

I live in Ward 4 of Marietta, and I'm a proud coordinator of the Cobb Democratic Socialists of America.

As you might expect, I'm here to speak out against this data center construction project.

However, the root of this issue doesn't just lie in questions around zoning, safety, cost of living, or development.

When a government makes hostile decisions against the wishes of its citizens, we're called to ask whose government is this anyway.

If the Marietta City government truly serves its people and is elected to represent those people, it should strive to carry out the interest of those very people it says it represents.

When a contentious issue arises and citizens make clear that they don't feel represented, or they don't feel represented by a decision, it would naturally follow that the government should stop and investigate how to change course.

It could, for example, put contentious issues up for referendum so the people themselves can decide what they want next to their homes.

But while we're talking facts, here's a fact.

We don't want a government by the people in suits of the people in suits for the people in suits.

When you ignore us, we're watching.

When a government decides to ignore popular discontent and operate only on its own internal rationality, it ceases to represent its people and begins to rule them.

I do not believe politicians are superior to the people they claim to represent.

On the contrary, when politicians seek to override the people's will, the people should seek to override the will of the government.

We have engaged and will continue to engage in self-defense movements like this, but this is your opportunity to show good faith to your constituents.

We've canvassed neighborhoods and rally people together to show up today.

And last time, and do you really think we can't do it again?

Come elections?

I'm not here to convince anyone.

I'm not here to convince anyone to vote no.

I'm here to tell you that whether you are personally convinced on the issue should not matter.

If you claim to represent your constituents, listen up.

The voice of the people, the voice of the working class is here in this room and out on the street over there, and they say no new data centers.

You can't, you're two minutes up.

Thank you for your time.

Mayor Tellman, the total time for the opposition has expired.

Yeah, I'm a third party, not opposition, so I can speak.

We have a lot of give us a minute.

Okay.

Should I be the next five people agree to talk just for one minute?

Yes.

Can I speak just five minutes?

Oh.

Um just the next five people that are willing to talk one minute.

Okay.

And the council.

Again, I think I uh if I'm correct, if we extend it for one side, we have to extend it for the other, correct?

That is correct.

So it would be five five additional minutes for you all to speak on the stuff, but also gives five additional minutes for anyone on the other side to also speak.

Okay.

Please respect the people behind you.

Good quote.

So I want to talk about the grand irony of this.

The fact that my opposition came in here and spoke about how this would create jobs for people.

When in reality it's just gonna take them.

The fact that my opposition spoke about how this is going to help people's health and help EMS get there.

When in reality it's just gonna pollute our environment and hurt people.

The fact is, latency is not an issue.

Our phones work.

We already have plenty enough data centers.

We don't need some AI to take people's jobs and take our health.

They also spoke about how they were going to bring in money.

For what?

A rising electricity bills?

That's all it's gonna do.

It's gonna make us pay more for some rich man to get even richer.

There was a Ugov poll that showed that 97% of people dislike this uh data center.

The mayor only won by 89 votes.

And I supported you, Mr.

Mayor.

You know why?

Because you did well, because nothing was going wrong in this city.

This throws that out the window.

There are 89 people here today.

They can all go vote, and with the enthusiasm people have shown, with the fact that people are willing to bang on the walls, because that's how upset they are about this, it's gonna be a landslide.

Thank you.

Hi.

Never done anything like this before, but this is important to me.

My name is Ellen Warren.

If I can take a deep breath, excuse me.

Everybody here has also already said what I wanted to say, with the exception of a couple of things.

We have animals in the back of our yard.

We have a green belt that we have cherished for 34 years.

We have deer, we have coyotes, we have raccoons, we've got birds.

With the sounds that are gonna come out of this, they'll be gone.

And that's not where I want to live anymore.

This is where I thought I would die.

That's not gonna happen if this thing goes in.

Y'all need to listen.

Please, listen to these people.

They know what they're doing.

I will say one thing.

I've heard so much about a closed whatever that's called.

Um closed loop.

Yes, closed loop data centers periodically need to change or replenish their water.

Now, so what?

So do these other ones.

They may not do it as frequently, but as one of the ladies said, it's the same stuff.

It's gonna pollute, it's gonna go into the creek down there that all of these animals that I just mentioned drink from.

And if that stuff is in there, it's gonna kill them.

You know, some of our children, when my little boy was little, he would go and play in the creek.

Is that what you want?

I mean, I am less than one quarter of a mile from this thing.

And I've been I stored my stuff at that storage unit for many years.

I know exactly where it is.

I can cut across the grass and go down one of our roads in the tuxedo estates, and I can walk to it.

You know, it I just beg you all to listen to what everyone has said.

Because it's killing us.

We want to do the right thing.

This isn't it for now, particularly since we don't have all the facts.

I read all those pages and it said not applicable, not applicable.

Well, why isn't it applicable for me to know what they're gonna dump in the in the creek?

Ma'am, you're one minute.

Thank you.

Hi, my name is Laura Meadows.

I live on Powers Ferry Drive, which is inside Sun Valley Estates, which is adjacent to Tuxedo.

I know that there's already a data center there, but just because there's one there doesn't mean we want more of it.

Um this is proposed to be literally in my backyard, and I'm represented here by, or I'm joined here today by two or three of my neighboring families.

We don't want this here.

There's just because there's going to be, you know, uh the ability to address latency issues.

Are we are we having latency issues now?

And how do you know that having this data center here is gonna benefit Marietta?

You know, they may contract those services out to other cities, other locations.

There's no guarantee that Marietta is actually going to benefit from it.

So I don't have an eloquent prepared statement with statistics and facts, but I will tell you this.

Just because it's there doesn't want doesn't mean anybody wants more.

We're all very concerned about the environment, about the stream, the wildlife this lady mentioned.

We have we are literally on that green belt.

We don't want it.

We're concerned about the additional traffic, and you know, if you say it's gonna create jobs, well, are those people going to teleport in?

They're gonna have to drive in.

I'm concerned about the traffic and the noise, and also the the water and the electric.

So I ask that you that you do not approve this proposed uh zoning request.

The people who live there do not want it.

We just don't want it at all.

And there are other people who do not want it for other reasons, but it's very personal to about eight people in this room, probably more, because it's our backyard.

Thank you.

Last speaker for the extended time.

Good evening.

Thank you for the opportunity to speak today.

My name is Chelsea Hearst, and I'm a resident of Marietta.

I'd like to use this time for public comment to share my position and research on data centers.

Data centers are highly unpopular for an array of reasons, ranging from water consumption and energy demand to land disruption and destruction, to the very reason many of these new data centers are being built.

Today I would like to focus on the general idea behind why I believe so many of us oppose this new data center boom and why you all should as well.

In today's world, AI and chatbots are progressing at an unprecedented rate, and flock cameras are going up all around our state and country.

I am no Luddite and I can understand how the progression of technology can benefit our community, especially when it comes to productivity, but I can also listen to experts who say hundreds of thousands of jobs will be permanently reshaped or lost altogether in AI to AI in the next year alone.

I can listen to firsthand experience from those living near these new data centers and understand they are detrimental to the environment and mainly benefit the people who own them rather than everyday working Americans.

Data centers are not new, but the push for rapid expansion is concerning.

Most of us are grateful to have access to email, social media, online banking and bill pay, as well as other technology that require data centers.

This infrastructure is not new.

However, recent data centers are now being used to store personal and mass surveillance information, train AI and run chatbots.

When it comes to surveillance, there has been a lot of pushback on block cameras because many of us see no need for our movement to be chalked and stored.

Chatbots seemingly have no use aside from ruining critical thinking and AI in general is a complicated issue.

Between the expected job losses and the disturbing warnings, multiple tech researchers and AI pioneers have shared recently.

One thing I haven't heard enough discussion on is dynamic pricing.

Dynamic pricing is an economic pricing strategy that has been supercharged by technology and is highly unpopular with consumers.

It involves AI software to adjust the price of goods or services in real time.

This means consumers may pay a different price for the same product at the same store on the same day due to individual data, including personal information like search history.

Data centers serve as a physical infrastructure, including servers, networking, and power that major retailers and financial institutions use to host AI software that execute these tasks.

Why would members of the community who oppose dynamic pricing, the use of AI chat bots, flock cameras, or other mass surveillance tools, want to support the very infrastructure that will allow its expansion, especially at the potential expense of our natural resources in addition to our water and air quality.

There are an abundance of reasons people do not want data centers in their communities, but environmental impacts tops the list for many.

One major concern of mine is air quality.

I have noticed in recent years at least half a dozen warnings for poor air quality indicating smog and air pollution in our area.

According to the Atlanta Business Chronicle and CBRE, which is a Fortune 500 company, Atlanta is now the second largest data center market globally, even ahead of places like Silicon Valley, London, and Tokyo.

Maybe one minute is up, Mayor Temer.

Can I finish at the end today?

I signed up also.

Today I can finish.

Now or at the end.

You agree to one minute, so I think I think we need to close it out.

That's fine.

I called earlier today to ask about speaking, and they said there are five minute slots.

I signed up outside.

I'm happy to wait till the end of the meeting to finish, but I would like to finish if possible.

We're never going to leave.

But the rest of the paper and line is over after.

Go ahead, Peter.

I'll wait till the end if you all want me to.

What do you want me to do?

Just keep speaking.

Okay.

You've got it.

Go ahead.

Okay, thank you.

Uh let's see, where was I?

Uh Atlanta is now there have been several recent studies showing the connection between poor local air quality and nearby data centers, which is not something that can be ignored.

Many of us have voiced our concerns publicly and privately on the proposed Bells Ferry data center and the Delcroad Data Center.

Both are highly unpopular.

While the Cobb County Board of Commissioners voted unanimously to place a temporary 180-day moratorium on data centers, I would like to see a long-term moratorium or permanent ban for new data centers in all of Marietta and Cobb County.

If that is not feasible, there are several things we could do to mitigate risk and protect those of us who would be living near these new data centers.

As some of Marietta's elected officials, you are entrusted with making crush critical decisions that impact our lives, and we rely on you to act in our best interest.

I would like you to consider the following to show people in your community you have their best interests in mind and want to be fully transparent regarding data centers moving forward.

First, before any data center receives zoning or permit approval, I ask that you all require complete publicly available independent environmental impact assessment covering water usage, heat output, air quality, and projected effects on local utility rates.

We need to come up with limits we deem accessible and not be willing to cross that line.

Second, it is imperative that data center developers bear the full cost of all utility infrastructure upgrades their facilities require.

These costs must not be passed to residents and small businesses through higher utility rates.

There are several cases across the country where tech companies that own data centers guaranteed nearby residents would not see utility increases due to their new data centers, including future grid updates.

Yet people saw utility increases anyways.

We cannot just take their word for it.

Legal ramifications need to be in place to prevent this from happening in our community as it has in others.

Accountability for these corporate data centers is imperative.

Lastly, I would like to see a public town hall be held within 60 days of new data center proposals, in addition to any and all land that is being rezoned to light industrial.

These town hall and relevant city council meetings should be announced on all platforms frequently so it reaches people who do not consistently check government websites.

This community wants to be informed, and we should all be aware of the details.

Specifically, what reviews were conducted and what protections are in place.

Many of us are not opposed to technology or economic growth.

We are asking that projects of this scale be held to the same standards of transparent of transparency and community protection that we expect of every other industry.

I implore you to not just hear your community, but listen to us when we say no more new data centers in Marietta.

We are watching and we will remember how our elected officials respond to this moment.

Thank you.

It's over.

We're over now.

We're over now.

We signed up for the comment against this.

Let us finish.

I'll try to keep it to a minute.

The extended time last time.

Will you be the first on or one minute then?

I will I will do my best.

I will do my best.

I'll start now.

My name's Perry Barrett.

I want to ask what type of guarantees are in place to ensure the statements made by the applicant here are going to be adhered to?

Because all I see now is desperate gish galloping in order to get a stamp of approval.

They say it's going to be 18 megawatts, still near the equivalent usage of 15,000 families.

But the Bells Ferry data center is reported to be using less power than what was asked for.

So who's to say that this site on a whim cannot end up needing more power than what they describe here?

They say that they're going to be reducing noise pollution.

How?

Because I know this apartment complex up against the property line can hear the sound of traffic going down I-75, even with the 20-foot barriers going alongside the highway.

What is an eight-foot barrier going to do to protect a two-story uh apartment complex?

This is something we have to investigate here because the basic science is sound travels in all directions.

The sound of the highway is noticeable outside, but it is at a higher frequency, which means that it's more easily blocked by walls and doors.

Time's up.

That was it.

One minute is up.

Yes.

Thank you.

Vote the sound, please.

The applicant will have an extra 10 minutes.

We don't have sign up for this.

You ready?

Yes, sir.

Okay.

Um just wanted to go through I as was stated during the public comment.

Let's have a discussion with facts and actually there was a couple constructive comments that I heard, but most of it was just fear.

Uh and like uh saying that we're going to put water in the creek.

Uh this is a closed loop system.

It will not no discharge is in anything in the creek.

It is all dealt with like any.

Quiet and quiet in the meeting hall.

I I recline my time, and I don't want when they're talking to count against me.

You just said a discussion.

Come on, take the process meeting for God's sake.

Let's be respectful for the speaker at the podium at the time.

Yes.

Seriously?

Yes.

We extended the time so that other people could speak.

You may then stop it by the time.

Mr.

Parks, you have the podium.

Thank you.

So this is an existing use.

If I can go to the slide with the aerial that shows the couple of things, I want to just emphasize that what no one said was there's a problem with the use at this location.

The um couple slides before that.

Yeah.

I think one more.

There we go.

So there was no one that said, oh gosh, this is a an inappropriate use here from an environmental perspective, the people that are concerned about the environment.

Being able to use an existing building is really important because you're not creating new pavement.

You're using the existing brownfield development with adding adding this use here.

The other thing that the other thing that I think is important is that 1130 is an identical use.

And I've got the last two slides, I think, zoom in on that.

All the all the way at the very bottom.

Keep going.

So when I said that what we're the mechanical equipment that we're installing is chillers.

Those are the exact same product that you see right there to cross the street from the multifamily, further from the interstate.

Um I did not hear anyone say that those utilities are causing a problem.

And if they were, I think they would be saying that this current use, which is identical to our use, uh, go to the the one up from that.

That's the other set of chillers.

So they've got theirs on both sides of the building.

I think there's eight total plus backup generators.

And so that is exactly what we have on our site, but actually our use, our building size is smaller.

Um, and we have all that utilities shoved up against the interstate, against uh uh the interstate, and then we've agreed to do a wall adjacent to that.

And we have a stipulation letter and the the last comment of how do you ensure that what we commit to you actually happens?

We have a stipulation letter uh that would do that.

So if it's adopted subject to that, we've agreed to these conditions that limits it.

There are no limitations on that data center.

There's no sound barrier that they built.

Uh and you can see the proximity of those chillers to the residential use, and it's much further from the interstate, so it doesn't have that ambient noise that is also involved in in our site.

And it's much further from the interstate, so it doesn't have that ambient noise that is also involved in our site.

So you could not pick a more appropriate site for this use, and you already have this use.

And this type of infrastructure already right there.

This outside equipment, which is chillers, that's air conditioning units and backup generators.

Couple uh comments.

We didn't agree to a limit on the number of times.

We would agree that the backup generators would only be tested once a month.

Uh we said it would be they need to be tested, just turned on once a month during normal business hours.

So we would agree that that limitation.

I think that was a reasonable suggestion, and I appreciate it.

The other thing that was brought up is would we monitor?

And we would agree to put a sound monitor on the property line so that we would be able to share that with the city and we would make that another condition.

So that was constructive comments from the audience of things that we can do to ensure that the commitments we are making actually uh would be done.

Um this type of digital infrastructure, uh that that is uh the core site has been there for many years, but as we know, our computer and digital usage continues to increase.

You partner with Georgia Tech to have wonderful programs like your fire trucks can go through s through lights.

You have to have digital infrastructure to make that happen.

It just doesn't happen.

And that digital infrastructure has to be closed to be able to have to have that digital infrastructure, and it has to be close with low latency.

I think the conflation is that this is a hyper center.

This is an and we've also limited the to 18 megawatts.

So the power usage is limited to 18 megawatts total.

That's 12 for the actual computers, 18 for the total uh infrastructure support that goes with that.

So we've got the limitations that put in here.

It is intentionally placed close to a substation.

It's intentionally placed close to traffic corridors again in the in the work session agenda, you just had a uh grant to be able to use digital infrastructure to better manage traffic flows.

So you don't become the number one digital city providing these digital services that improve people's lives without also providing for the infrastructure that does that.

So we have the opportunity, and if you put yourself in my client's position from a land use profession from a constitutional property rights, when they saw their site and they see this site, same zoning, same category, same use, same outside use.

That's what your staff comments had.

Was we need to have make sure there's limitations on it to make sure it fits in.

We've put those limitations on it that that puts in here.

I would I will say that the other potential uses for this.

I mean, it is it's it's a self-storage facility, it's been a self-storage facility for 30 years.

Uh yeah.

I I think that self-storage facilities are great, but we all can agree they're not the most productive use of the tough your time is up, sir.

And so to be able to add this into public hearings closed.

Yes, sir.

Thank you everybody for commenting.

If somebody didn't get to speak, we have the scheduled appearance later in the evening.

One or two and no, sir, the public hearing is over.

Excuse me if you're going to vote on it, we want to say something first, please.

Okay.

Your turns are acceptable.

I will sit here for two more hours if that's what it takes.

That's blood.

We have to end it somehow.

Are we going to take questions or a motion first, sir?

Thank you, but the public hearing is open.

We're already here.

Let us be.

No, sir, the public hearing is closed.

Please.

You ask him in the leave.

I agree.

No, I signed up.

Excuse me.

Excuse me.

I signed up specifically for this agenda item.

There's no sign up for this.

Where's our police?

Ask them to leave.

Here in the Ohio fluze.

Thank you.

I'd like to open up the floor for discussion.

I didn't have questions whenever you're ready.

Okay, so I have a number of questions.

I have a number of questions.

Now the last time I did this, I ended up on TikTok because I'm too aggressive.

So just let me answer these, okay?

Mr.

Huff.

Can you talk about the closed loop system?

So you say it's a closed loop system, it will be filled once.

Will it have to be maintained?

Will it be drained?

Is it water only or water and glycol?

Tell me more, please, about the closed loop system.

Yeah, and if I if I I'm gonna call back up to come down to correct me when I say something that uh I'm not an engineer, obviously, uh, but I have learned a lot about this.

First off, that the uh closed loop system is water that's brought in with glycol, which is a chemical that dissipates heat.

And so it's a closed system and it doesn't have to be uh drained, but very rarely, if if at all.

Uh the initial fill-up is 30,000 gallons.

We plan to bring that in, and that sounded like a whole lot of water to me until he said that's actually a swimming pool.

Right.

Uh so it, you know, it then it's only filled up, and then it is circulated and and doesn't need to be maintained or so.

My question, I guess for the engineer, if you guys can speak to that, please.

Sorry, are you asking a question?

Are you and I'm asking hi, Councilman uh woman Cheryl.

My name is Jonathan Cross.

I'm with Prime Group Holdings.

Um in filling up the system, we have a contract as it gets filled up.

We fill the system, uh, it operates, we then put in a standard operating procedure that keeps the water uh levels uh at um within the system, and we would never uh take the water out until the annual or whenever the period of time that we might need to take it out.

It very rarely is ever taken out of the system.

Guys, come on, let me ask the questions.

Just chill out, please.

All right.

You said annual.

So annually.

So there's annual sorry, I apologize.

So within the standard operating procedures, there's there's daily, monthly, quarterly, right?

So there's therefore checks.

Uh so the water normally would never be taken out of the system unless there is a problem within the system.

There is very rarely a problem within these systems.

So you would you would only have to do it if there was something that came up within the So let's let's go for the worst case situation.

There's a problem, it's the water's gotta come out.

Where does the water go?

The water is is collected and is taken to a facility to be treated in in the So it's not drained into the storm drain system within the property.

Okay, so if it needs to be drained, if there is a problem, you come in, you collect the water.

What about um leaks, erosion?

Correct.

So we have leak detection.

Um obviously it's a very smart building.

Everything is monitored from energy to water use.

Um matter of fact, we have some of our uh other engineers from the control side here in the audience in uh members of the community.

Um so when we are looking at this, we're constantly studying the energy use, start studying the water use.

We if water starts to uh leak out, that's going to uh impact the energy use.

So we need to make sure we know where it is.

So we would see the water um uh either the pressure drop and change or a change in the temperatures, and that would then uh alert us through our phones or notifications, not not not sounding alarms but notifications, and we'd be monitoring that.

Okay, thank you.

So I have more questions.

Um one of your slides, and this is actually for Mr.

Huff.

One of your slides said that energy usage or power usage would be at the commercial rate.

Um I don't know if we can go to his slides.

So we what the contract and the BLW contract, it is we will pay market rate and plus profit, and so the city BLW is never at risk for us paying a lower rate.

Okay, so even though it says up here, um maybe it's the next one.

Okay.

Yeah, the no public funding, privately funded and build that commercial rate, it is actually not just our normal commercial rate.

It is at market rate plus.

Right.

So there's no expense.

There's no up for the community or even the power company.

We buy it, you pay for it plus.

Okay.

All right.

So my next question has to do with if if I may continue, I'm sorry, Mary.

I've got a bunch of questions.

My next question has to do if we go to the slide that's got the slight the site layout elevation and buffers.

Right there.

So noise pretty much like water travels in all directions.

Right.

While it's good that this is a facility that is 20 feet lower than the townhouses next door, noise will still go up.

Are you prepared to put sound buffering cap over this number two, or is it just you looking at the green hash line as your only sound buffering?

So our the first off is the sound is going to be controlled by putting all the outside mechanicals only in number in the area number two.

So that's the first thing is putting it in the appropriate location.

The second thing is directly adjacent to that area that's going to be a yard, uh, we will have a sound barrier.

And that sound barrier will be designed by per the step letter will be designed by an acoustic engineer to ensure that we uh attenuate the sound created by the chillers.

And again, I have to point out that the other facility has chillers with no sound barrier at all.

Right.

And we can't do anything about them.

Right.

I mean, I've made it clear that one of my biggest issues on this is sound.

So again, my question is are you prepared to put a sound detonating top over number two?

Oh, you talking about like a cover?

Yes.

Uh we will do what our sound acoustical engineer recommends, and I don't know whether he would recommend a cover because that creates echoes and other other things.

But I think it goes into what?

I I see you shaking your head so here.

Yes, I just want to reinforce that.

So I mean, we will do what uh we need to do in order to meet the code and better the code.

You obviously want to be a good neighbor.

Um, this isn't in the code.

So this is what we're gonna end up coming out of this tonight if we say yes.

I understood.

So uh the first of all, sound is uh we you try to always block it by the line of sight.

That ultimately is the best way to block sound.

So sound going up isn't necessarily heard.

It's the sound that is at the line of sight.

So you try to put up a wall as best you can.

And here we also have the elevation change of 20 feet, as you just mentioned.

So those two items are covered.

Now, if you start to try to put something over the top, you do you do create a potential of echoing and other sounds.

So you do have to study that and make sure that an echoing if you went up, but not if that echoing goes up and then back down, and you also have sound detonation inside and not just an outside.

So uh for some further clarity, is that the uh generators are also enclosed as well.

So we have double the layer there.

So you so that wasn't mentioned earlier, but I just wanted to let that be known.

Uh within the chillers, uh, you can try to help drive the sound further up.

That would be the better solution than to try to put something over the top.

But I at the same time, I don't want to over that that needs to be finalized by the engineer.

And right now the engineer does believe with the the walls and the elevation change that we will meet or exceed the requirements, but we will design it uh as as required in order to be.

Okay.

So the sound buffering on the outside.

Yes.

This green hash line, is that only intended to be on that one side and a little bit of the top side, or is it going to go all the way around?

Uh great question.

Uh it's intended right now to be on that side because of the sound uh blocking to the residential.

But so you just talked about echoing.

What about the sound that's going to bounce off of there onto highway, which then will also bounce back to there.

So why is there no sound buffering on the side closest to the highway?

Well, because at that at that moment uh we would agree to that sound where barrier is.

So the sound barrier all the way what about the sound hood.

Yes.

We got to look at that hood.

Again, sound is like water.

It's going to go where it can go, and it will go up.

Can I can I say there's two things?

One is we would look at I I I just don't know engineering wise, but we would look at whatever the acoustic engineers which would include either cantilevering in at the top or covering it and submit to the city the acoustical engineers report on options there.

Okay.

Um on the eight-foot fence, um, is that going to be eight foot or sound attenuating eight foot?

It's a sound attenuation fence.

It is an acoustically designed fence that has sandwiched uh material between other materials that are soundproofing.

Uh and uh we have that shown that is an eight-foot fence.

I was asked if we would could increase that to ten, and we would agree agree to increase the height.

And again, it is sound attenuating, so it's going to be a good one.

It would be a sound attenuation fence.

Okay.

Um let's go to the diesel generators.

How many generators are we considering?

What what's the number of generators that would back up 18 kilowatts?

Or megawatts?

Nine generators.

Nine generators.

Will those generators be maintained all at the same time?

No, they will not.

So they'll be on a schedule where you'll turn on one.

So you will not have nine generators running at the same time.

There will be a generator, it's off.

Correct.

And it will be a good one.

Would you be willing to agree to a 60 um decibel rating?

I know you say the highway is 61, but daytime.

So our decibel rating daytime is 65.

65.

Would you agree to a 60 daytime and 50 nighttime?

Now I know you're going to have problem because I'm going to ask you to go to something that's less than the highway, but when the highway is slow, which it does actually happen, what I don't want is you being louder.

We would agree to that.

So we're looking at a 60 and a 50.

Um let's talk about the inside of I'm sorry, Mayor.

I have a lot of questions.

I think I'm still okay here.

Please.

We owe Mary out of power.

So I think any stipulation we talk about now, it will be in the contract.

Yes.

The BLW would almost have an enforcement road.

You know, not code enforcement, and then are you still talking to sound?

Am I still talking to about sound?

Sound, yes, sir.

I have a question.

Okay.

Jump in while I'm my next one.

But our buffer will be everything we agreed to tonight will also be incorporated, not by reference, but actual inclusion in the contract.

Yeah, it would be doubly what you're saying is it would be doubly enforced in zoning conditions, but also in a BLW contract.

Yeah, because we're, you know, even to the point I think the BLW is paying on putting the there will be a meter cutoff when you go over the allocated mail.

Because these people are talking about safeguards.

Yeah.

Yeah.

And also just, you know, I think we would like in the contract as hopefully technology will improve.

This keeps going like it is.

You know, that we would like to see upgrades from time to time to stay in the blanch.

So go ahead, Colonel.

So my first question is the engineer.

So how would how would you test this the sound for the sound level?

I know you don't have it built yet, but are there other facilities that are similar that have done environmental uh tests and sound tests that will give us an idea of what uh to expect methodology?

So as far as other facilities, I mean every facility is a little different, but we have sound meters that we've already had on the site.

They're put on the site with monitoring and recording.

And we wouldn't put those on the site to monitor while we're doing any of the operations.

And my question is because we have other locations where uh we've had issues with sound in my ward, they were not to chillers or or um diesels, but just business noise.

And even though the sound level was maintained at whatever the nighttime level, the people still had problems in their homes because that sound overrode their televisions or their conversations because it's in and although they were not breaking the law because it did meet the 60 decibels at night.

So my question is more uh is also to Doug.

Um code enforcement uh as far as sound is concerned is not very strong.

I mean, if you look at the code enforcement and Daniel, you may be able to look this up and and and tell me uh if there's a violation, the first offense is a warning.

The sucking offense is a um up to a $500 fine, I think is a maximum.

So and I don't know if there's any way that we can make that.

I know some other municipalities have put stronger penalties in if there was continuous uh violation.

I'm speaking please.

Um that's one concern I have is that how do we, even though you put the meters there, I think our offices have meters now.

If there's a sound issue, uh the resident or person who has a problem is supposed to call 911 and they have meters that come out to the actual site that you have uh I mean that the complaint is at and take a reading, a point in time reading, and the citation could be issued.

But my concern is that how do we strongly enforce I mean the site is already built.

Yeah.

Yeah.

I got I got a force.

No, it's not.

No.

We're not gonna tell you how to force it.

No.

I'm talking to my attorney, please.

Okay.

Not to you.

That is not this is not a back and forth.

We're talking to the attorney for the uh client and also for Doug, our attorney.

Is there anything that we can do?

You were gonna mention.

Yeah, I was gonna a couple things.

One is we're what we're talking about is a system that if it violates the noise, it would do it all the time.

Right.

So the the vi the fine would be like a daily fine.

It would not be something that could be would be continued, it would have to be addressed.

It's not like a a band that comes in and violates it this night, but not this night.

It it would be kind of because it's mechanical.

The other thing is is that you can amend your noise ordinance to change it.

And that that's totally within your purview.

If there's a continuous problem, you can change your ordinance and increase the fines in different settings.

So you that is totally your authority to do that.

So you can talk down the ready.

So can I ask to jump back in here?

Yeah.

Guys, if you want to jump in, jump in.

Um let's talk about the chiller fans.

Are you going to use continuous or variable?

The fans are variable.

So the problem with variable, while that sounds really good, um, when they start back up, I understand from everything that I've read that they are even more noise when they start up.

So why not continuous fans?

Well, I mean, the fans will be variable based on the load.

So it's kind of how the chiller works, but they are low noise fans.

Okay, but there are two types of fans.

You can have the variable or the continuous.

And the problem with the continuous is while they do dip down during quiet times, you can set them nighttime quiet, whatever, starting back up, the noise peaks up.

So again, we still have that problem of the noise as the fans peak back up because they're variable.

Right.

But the uh the study that is will be completed to determine what the mitigation is, we'll take that into account.

Take it into account and not exceed 60 decibels?

Correct.

And 50 at night.

And 50 at night.

Will you have two-sided um sound attenuation, both outside and inside where the chillers are?

So that the noise is stopped there, but the echo that goes out and bounces back is also deadened.

Double-sided sound attenuation.

Sound attenuation is absorptive, so it the sound doesn't echo.

So does it absorb both sides?

Absorbs from the inside out and also noise outside in the I really don't know.

We need to look at that.

Because again, if it's not going to be double, the problem you're gonna have is the equipment that's inside is going to bounce out.

You've also got the effect, as we've already spoken about echo, which that's going to go toward the highway and bounce back.

So if you don't have it so that it attenuates both inside and outside, you're just fixing one issue but not the other.

Well, if the the yard would be continuously enclosed, so there's really nothing to go outside.

Again, sound is not just going to travel horizontally.

Sound travels in all directions.

Right.

Sound that goes vertical stays vertical, though.

And the study stays vertical like this.

It is going to be picked up.

I'm looking at people who live in the adjacent at 20 feet up, as that sound comes off of there will travel conically toward them.

What are we doing about that?

The wall, the wall will cut that off.

That's part of the study.

I'm not completely positive about that.

Let's talk about the equipment that's going to be on the inside.

And I get all that.

And again, you've I've already said and I continue to say many times, my biggest issue is sound.

I am confident in our electric company's ability to do their job, and 12, 18 megawatts I know that they can do.

I am confident that that will not increase energy cost to residents because we will go on the market and I've seen how the market works, and we will do market plus.

What I'm not confident about right now is sound.

And I know that we're up against the highway, the highway is at 61 decibels, but the highway is not continuous.

There are peaks and valleys even in road traffic on I-75.

Hard to believe, but it happens.

When it happens, what we don't want is that sound from your facility affecting the other people that live there.

Just because they're living next to a highway and they're okay with that.

And also I don't want the vibration of the sound because it's not just sound.

It is vibration that affects people.

And as a migraine sufferer, I get that.

Okay.

So on your equipment that's in the building, what will be the sound blocking on that?

The generators, the backup generators are fully enclosed, insulated.

The chillers are obviously they're they can't be contained within.

They require air air circulation.

Um equipment that is called for includes uh low sound fans and also some lower uh saw it here earlier.

She asked about your question is about the inside the building?

Yes, the inside building.

Oh, inside the building.

Oh yeah, right.

Just want to make sure.

Yeah, inside the building is going to be finished out with uh normal interior finish out.

So it will have insulation, it will have uh and and part of that is because it needs to be kept chilled.

So we have an incentive to insulate it with sheet rock and other uh insulation in there.

So and then it's a concrete building.

So that insulation will also act as a as an insulator for the for the sound within the building, and the equipment in the building doesn't produce a whole lot of noise.

It is can is computers running, it is not right.

But it does produce some noise.

Will there be sound attenuation on the roof?

Because there's obviously going to be air vents and other things that will allow sound out.

What will be the plan for sound attenuation outside of the building, not just you know, sound attenuation inside, but what about that sound that comes out through vents?

I don't think we have there's no there is no air vents.

The vents aren't on the roof.

It won't bend out on the roof.

The ceiling will be insulated in in sheet rock.

Where does air vent out of?

I mean, out of my house, it vents out of my roof.

The the system is closed inside the building, so there's there's no real venting of any air.

Where does the warm air come out of then?

It's gotta come out somewhere.

It's gotta go somewhere.

It's got to go somewhere.

So the computers are enclosed.

Yeah, the computers are enclosed in basically in boxes that are like refrigerators.

Can you speak up on you need a lean speaker?

The computers are enclosed in boxes that are basically re like refrigerators.

The chilled water goes into them, it cools the computers, the chilled water comes, the heated water comes out and goes to the chillers.

So there's no there's no air per se.

You know, it's it's enclosed within the box.

Okay.

So the heat is being dissipated through liquid, not through air.

Right.

Okay.

Can I ask a question?

Yeah, please ask a question.

All right.

Regarding sound, it's also my biggest.

I think we've addressed the closed loop system.

I think we are properly addressing power.

Um any other natural barriers that are either there now or can be added in addition to the acoustical fencing that we are talking about, as I look at the site plan.

I mean, obviously, trees, shrubs, bushes, all of that absorbs sound as well.

So I'm just as I look at it, I'm not exactly sure if it's just what is there is there, or there's additional things we could do.

Anything else to add to that?

Yeah, that's actually one of the reasons why we wanted to include that we will continue to use this site for self-storage, and those buildings will be self-storage, and because uh their location, they act as an additional sound barrier, those buildings.

That's one of the reasons why we're showing them and showing the location and agreed to that.

That's one sound barrier.

Um the then we there's existing uh vegetational on the proper common property line, then it drops down about 20 feet uh after that.

What we would be doing is a sound fence, we've agreed to 10 feet tall at the edge of that existing landscaping.

We'd we have looked at whether adding additional landscaping would reduce noise, but the conclusion is is that because of the widths, uh landscaping takes widths, it's better to do the private the privacy fence with the sound attenuation.

If we put it it doesn't add any, we we haven't come up with a re a suggestion that adding some landscaping in certain areas would do it if someone had an idea of how additional landscaping would reduce sound, we'd be glad to do it.

And to add what the existing buildings in green remain, so that also acts as a sound barrier.

So that's a um it's it's a self-storage building.

So you have a series of you know, one, two, three, four, five, six, seven uh buildings that are also helping to uh block the sound.

And the buildings are what?

Made of what?

I'm sorry.

Yeah, those are those are metal buildings.

Those are metal buildings.

Those are metal buildings.

Okay.

So you're not concerned that the sound is just gonna bounce between metal.

So overall, again, uh in we I know we're talking about the bounce and the echo and so forth, but most of the sound actually should have been clarified, gets absorbed by the fence.

So in actuality, it's not gonna do be a ton of bouncing with when you put the right sound insinuation fence in.

Um no, we're not as worried about that.

Um again, buildings, it's it's about blocking that site line.

If you block the sight line, you block the noise.

Okay.

I have a quick go ahead.

I'm sorry.

You I think that have questions too.

Yeah, I have a question.

Um so looking at where the fence line is kind of um right there at number eight.

Yeah.

So my suggestion would be, and I think it would help uh with even more sound uh is to take that fence all the way up.

Come across the back all the way over to the highway.

I think that would eliminate some of the sound problem, if you will.

Um because in that number eight area there, those are the apartments.

Yeah.

Right.

And uh so that would be kind of my thought on you know, just taking that 10-foot fence all the way around to the uh highway.

We would agree to that.

10 foot.

We would we would agree to a 10-foot sound attenuation fence that uh is along all that adjacent property line and up to the interstate.

Um I'm going to move one question away from sound, then I'll move back on the sound.

I'm going to move one question away from sound, then I'll move back on the sound.

Okay.

Okay.

I got a question from someone that's uh they they wanted the they wouldn't know the answer to, and I thought that they shouldn't they uh they would it would be important.

So I got a question from someone that's one of the known answers answered to this particular question.

So I'm going to be asking that in their place.

So the kind of the question is why is it here?

Why is it on this property?

Why is it not elsewhere?

Why is it this property that needs the data center?

Yes.

A couple things.

The biggest is that you need this type of digital infrastructure close to where it is being used for traffic control, for everyday use, for business use.

Uh and the as I said, I mean the emergency call and the emergency response and being able to handle traffic controls has to be close.

So you need it close by.

The location works really, really well for a couple of reasons.

Number one is you have a substation that is properly sized.

Unlike the Bells Ferry uh data center, which is a massive data center.

It's it's scale-wise very different than this.

That substation is not sized correctly and would have to require significant upgrades.

This substation within a stone stroke of the property is already sized for this use.

So there is no half don't have to increase the infrastructure.

Also, the opportunity to be used an existing building, existing paving uh is environmentally sensitive.

So location makes a whole lot of sense from that perspective.

There's also a lot of fiber optics in this area.

That's the reason why that other data center is close by, is there's fiber optics that are all around this area, making this a good area for this type of edge infrastructure.

And I say edge, it's it's a term that is used in the industry that is this first line of digital transmission.

Uh it is not the data center that is the mega hyper.

It is intended and needed to be close.

The location is important because of the proximity to the people that are using it, proximity to the power, proximity to the uh to the uh fiber optic lines that are that are there.

I'll I can see Carl How has a question?

I'll yield.

Go ahead, finish.

I thought you were finished.

Go ahead and I'll have other questions, so I'm okay to yield for this one for now.

So do you have you stated who the actual clients are, or is that how does it help are you?

Well, I I think I mean you've stating that being close to the actual uh client and and where it's needed, but who who are the clients?

Well, just like any digital infrastructure.

Right.

Um, if you asked who the clients are, I mean you can you can look at the the other center that's close by and you have local companies, uh number two privately held company in the state of Georgia located here in Cobb.

They use data out of there.

So we don't know who the end users will be.

Okay, but we do have a contract with a provider that's going to put the digital infrastructure in, and that's going to be used by uh other people.

Is that a local provider?

That's going to put the infrastructure in.

It's a national provider.

Okay.

Yeah.

The second part of that is does edge have other data centers?

Oh, is this the first one?

What edge is a term for these type of data centers?

They also have the name of the company.

But the name of the company is also picked up on that and using it.

So yes, there are.

Yes, they are.

Can you tell us where they are located?

Uh salon mass.

Please move on the microphone.

Yes.

Um within the uh the edge, uh there's a portfolio.

Uh, and then it's it's about connecting these local communities to the to the data infrastructure uh pipeline.

And so we have locations that Salem Mass, we have locations in Colorado, we have locations in Florida.

Um, and so we have uh in actuality, as they start to connect, it creates even greater uh ability to have um low latency.

So with actually each location that strengthens that grid.

And it actually creates what's called um uh uh uh uh fiber network that allows you to be independent.

So as one carrier comes in, they won't have a monopoly in that in that area.

And in those carriers, we can have we can s we can we can allow people to have more options.

Are they the same size as this one?

They vary.

They range anywhere from 5 megawatts to uh to the this size.

Okay.

Um going back, I was going to continue asking about some of the no some of the noise stuff.

So also going to ask and continue to ask about some of the noise uh noise things I've heard from residents constituents as well.

Um what I've heard is again a concern about some of the vibrations, as Cheryl had mentioned earlier with equipment both inside the building and outside.

I've heard that there is some technology that deals with either matting or something like that that reduces the vibration.

Is that going to be used for this to make sure that the vibration does not go off this property?

Yes.

We and uh I I he mentioned it and I want to emphasize the interior equipment is actually then contained within a box.

And those boxes are individual or cooled within themselves, and they would be uh sound or vibration-deadening uh flooring also.

Okay.

And that would and that would be dealing with some of those other stuff outside of our normal hearing range, essentially.

But it can have other health effects if it gets uh gets out somewhere to be whenever you're I know watch gives the and it gives an indication of a high high noise environment, both during the both being loud when I can hear, and also whenever it's going through and feel it from the base or something like that instead.

Yes.

The the the racks have vibration deadening qualities.

Okay.

Cheryl, I know you've got more uh I can say Daniel Gaddis.

This question is for staff.

Um Daniel, the future land use for this area is regional activity center, is that correct?

That's correct.

What what's the what does it say in our comprehensive plan about regional activity center?

If you'll give us just a moment, we will pull that up.

Um Are you able to pull up the definition uh the comp plan for their definition of a regional activity center?

Provides for areas that can support a high intensity of development, which serves a regional market.

Typical land uses in these include high-rise office buildings, regional malls, and varying densities of residential developments.

Does that sound it does, and she's about to uh pull up the plan as well.

Okay, thanks.

Yes, just to read it clearly, um the purpose of the regional activity center category is to provide for areas that can support medium and high density office and commercial development serving regional markets and trade areas.

Some residential may exist in the form of single-family homes along Interstate 75, limited residential opportunities, uh, maybe provided in mixed use developments with residential areas separated from surrounding corridors, transit-oriented developments are appropriate near mass transit stations.

These are districts generally located along major arterials, freeways, interchanges, and along high capacity mass transit routes, compatible zonings are RRC and the like.

Thank you.

Another question, please.

Okay.

So one of the things that was discussed with Bells Ferry that was asked, but not necessarily answered, has to do with um the heat island created.

So my understanding for my research is that an 18-megawatt facility can create a heat island anywhere from four degrees to eight degrees hotter in that area.

What will be done about that?

I mean, it was 103 the other day, according to a meteorologist.

I didn't fill that, but I didn't go outside.

So I don't know.

But I don't want 11.

So what are you going to be, what are you going to do?

What can you do?

I know one thing that can be done again, this is just for my research.

As the lady said, I'm not a scientist, I'm just a lawyer.

But I do research.

Okay.

So one thing is additional buffering with trees and landscaping between your property and the apartment.

And we also have got the fact that the highway generates its own little heat island.

But what are you going to do on this to keep the heat island from becoming excessive?

So uh great question.

Um first I want to make sure you're it's clear it's it's 12 megawatts of critical load.

So it the comparison uh bells ferry in this one are are quite quite different.

I looked up what does how much heat does uh because you could go up to 18 with all of the rest of the stuff that's there, an 18-megawatt data facility create.

So yes, we are and I used AI to do it.

Um the the easy answer is we can uh we can mitigate uh heat uh island effects on the asphalt by putting in more landscaping throughout the entire property, um, as your research probably realizes that any park any major parking lot wide open creates a heat island.

Uh and a matter of fact, we probably are are debt uh lessening uh that that impervious concrete area.

So uh we can add landscaping.

Um we are also should be noted, um we are every piece of equipment is ready for uh solar and micro-grid uh capabilities uh in the in the coming future.

So every piece of equipment will be lined up and ready for that to transmission to to change over for that.

So that could be an additional item.

It doesn't necessarily help the heat island, but it does help with the sustainability uh aspect.

Now, so my one of the things that my research is showing here is that there's something called a high velocity up blast fan hood.

And according to my research, again, AI, um it explosively shoots the hot air further up so it's less effect for the people in the basically cone of the building.

So are you is that a possibility?

We would definitely consider uh any heat island mitigation uh that the engineers would recommend.

Okay.

Again, so I I guess and uh everyone knows that I was the motion for the last data center, and I am not against data centers.

But I have questions that I don't feel are adequately answered, mostly regarding sound.

And I keep hearing that the sound engineer will do that.

Do we have a study from the sound engineer?

Have we heard from them yet?

It's currently uh ongoing, right?

So first we have to study the site, so that's underway right now.

Uh then as we start to uh put in the play pieces, we can do that.

I do want to address this one item.

Every hospital has usually some form of chiller, and it's running 24-7.

And it is next to a hospital on a regular basis.

Guys, guys, guys, guys.

It's not it's not I'm not trying to I obviously a hospital is a different situation.

However, we are you know supporting that type of technology.

At this my point is is that chillers are used.

There's hospital grade, there are chillers that are used to try to mitigate sound for people that are in there.

That's that's number one.

Number two, if you remember the slide that we showed earlier at the existing location, and they have four chillers that are literally in sight of the pool.

You can sit stand at the pool and there's a small landscaper landscaping buffering and that is it.

And then there is uh a little bit of downhill slope and you can see the top of the chillers.

It's ha it's already there, and there's not that much there ha the from our understanding.

Uh and when I go and walk that facility, I I stay in Marietta and I go for runs, I run down that street.

I don't hear the noise coming up to the pool.

And I will tell you that I was over there and I didn't hear the noise.

But what I will also say is just because we've done it once doesn't mean we should do it twice.

Under understood it, and I completely respect that.

And that's why we uh that uh uh totally agree and I completely respect that.

That's why we're putting in the levels of mitigation that we have today.

And we will take it to the you know to the highest level.

So you know, as we go in and finish the the uh the permanent set of drawings, we can review uh with you know the the sound engineer can have a conversation with your building uh department and make sure that we're in compliance.

And I have a suggestion on how that could be phrased.

This is the minimum that we would do is what we have described here with the additions, and that we will meet the 50, our our equipment will not create 50 at night at the property line, 60 during the day, which is significantly low, and we will take whatever actions are needed to to achieve that as sh per an engineer sound engineer submitted during plan review.

So you've set the standard and you've charged us to comply to comply with that standard.

And so that means that every suggestion you have had would be considered on ways to ensure that that level is met.

And in addition to that, we have agreed to have monitor at this property line to ensure that that is being complied with, and we would share that monitoring with the city.

So we you have a level that's significantly lower than the noise ordinance.

You have minimum that we would do this that we our engineers think would meet those minimums, and then you have a third that if it does not, we would take whatever additional measures that the engineer determines is appropriate to meet those levels.

And we would then have uh monitoring to ensure that happens.

All right.

My last question.

I'm sorry, guys.

Um we don't have Mark Rice here.

Uh Daniel, can you answer?

Hopefully.

Um at what point do we have to hear from the sound engineer, though I'd like to hear it now.

Is it pre-disturbance?

I mean, at what point?

And when I mean disturbance, I mean land disturbance, not just that this is disturbing.

Yeah, it would be done with both a site and building permits submittal, and so the building permits would be evaluated and wouldn't be approved.

Mark Rice would hold on to anything subject to that if that was a a qualification that they or that you all um permitted.

Okay.

And so if we're not happy with the sound engineer, you guys know that we don't move forward, right?

You get that.

I have another question.

Go ahead.

Go ahead.

I'll go down.

Something we haven't talked about, storm water.

How do you do you expect to have any additional runoff stormwater just from rainwater coming off the buildings and the and the site that you uh We will we will actually be, if anything, reducing the amount of impervious, it's it's already got a lot of imperious.

We would not be increasing the impervious, so we would not have any any additional stormwater.

Uh we would agree to uh to comply with all the stormwater requirements in terms of not only retaining but water quality.

Some area of that site is it in the floodplain or uh a very in interestingly, a very, very, very small portion is in the floodplain.

Unfortunately, what what when I looked at the floodplain map, the entire multifamily is in the floodplain.

Uh but if you see the uh only that top right, the floodplain line comes into our property, just a very, very small portion.

None of it is in pavement.

Uh it's all uh landscape area.

Um but but it is minimally impacted by uh but as I said, you can see the the lines to the department is in floodplain.

If we can ask the three of you on a big picture question, you know, with them eight counties from us, that there's two to three three and a half gigawatts being built.

You know, bald and barto.

I didn't foresee this coming.

Is that going to be a trend that you all will want to build one and we can have eight or nine more come to the city?

No, we have agreed that this would not only this would not be expanded, but you've got a moratorium.

We don't plan to apply any more.

But this is why do you need the small ones if we've added three and a half gigawatts to the great State of Georgia, and most of us in North Georgia, are we going to start the water wars again?

I mean that there's going to be a lot of water taken out of North Georgia and we will be punished.

Yeah, that's why the closed loop we won't we won't use any more water than a residential use.

So we this use won't be any more impactful than residential type use.

Um and then the size is actually what is needed.

They need smaller, more to closer to the action, closer to where the cell towers are, because you get that data to the from the cell towers to these facilities, so its proximity to the population is what is important.

Uh and that's why it's needed.

And this is a much more nimble, more designed to for local need and local use.

I'm just not concerned that we have 750,000 people in a lot of businesses.

We got good water and good electricity.

I'm proud of our utilities, but you know, I just want to make sure that by doing this, that we'd have ten other people come in.

I mean Yeah, we said I could live with 18, but I don't know if I could live with 10 18s.

And would we have a right as a public utility to turn them down?

Yeah.

I I mean, meeting with the BLW director, this power usage meet fits within the allocation that the city already has, and so it actually manages that allocation very efficiently.

And I can tell you as a chairman of the board, we we worry about the territorial act.

Yeah.

You know, if we start turning people down.

Somebody else territory acts don't always hold true.

Mr.

Mayor.

I'm just just looking at all the different things.

Yes, sir.

Can I ask Stephanie to show something?

Um, the email I sent you.

Oh.

The what?

It's the email from Patina that shows the allocation that we have.

We still don't know why we need this.

Yeah.

This is a chart that shows for the last year, the top line is the capacity allocations that the BLW receive.

The second line is the baseline of the average of what our customers have currently used.

And you see on the on the end there, the average shows that we have an excess of 227.1 megawatt hours per um on the average per month.

So that means we sell those back at the to the spot market, and sometimes for less than what it costs us to actually uh generate them.

And if you see that bottom section is cost on the spot market average for the last year, so we end up selling it back to the other 49 MIAC uh municipalities on an average of four cents per kilowatt hour.

And when I checked my light bill, I was paying for the month of June 12 cents per kilowatt per kilowatt hour.

So we have the excess capacity, we have to be good stewards of that because we have to allow for growth, but we already have uh the South Fulton, uh Bells Ferry, and uh if we do this, it would really severely uh narrow down the excess that we have.

But we want to maximize that.

That's the whole idea.

To the mayor's point, that excess capacity, you're selling to someone else.

Right.

And if you think that this facility won't be somewhere else, maybe by another, and so you'll be selling that power cheaply to someone else to have the same system.

As opposed to making the money.

It's the question whether you get that benefit from here or not.

Because that power is gonna be used by somebody else.

And it's gonna be sold to somebody else a lot cheaper.

So this 18 megawatts is gonna be somewhere else, and you're gonna be selling your capacity to them to use it.

Yeah.

This one somewhere else doesn't sound like a dear to me.

Yeah.

That's not that's not the issue.

We have to we have a contract with MIAC and we have to sell it back to MIAC.

Let's keep it within I appreciate what you said.

Um that's the part.

I got a quick question.

Okay.

Okay.

Can I go?

Go to Um.

You've talked about using the building, you know, not expanding the footprint in the building, everything else.

As far as the infrastructure for getting that power from Marietta Power to this building, do we have to add any overhead transmission lines, or do we have to bury any more lines going off the site to get the right amount of power to this building?

I think it's horizontal blue, which is goes.

No, you do not have to add any overheads or do any underground work, uh, no disruption to the roadways.

Okay.

So the second part, can I ask one more question?

This might be for parts, it might be for staff, but we talk about a contract.

Like y'all would sign a contract with the border lights and water, Marietta Border Lights and Water.

What is that like if we say you know your max capacity is 18?

Well, what if you came in and signed a contract but you only consumed five or six?

And you know, obviously the city would benefit for the most you take.

And as far as a contract goes, how when you negotiate that, is there a term on that contract?

Is it is it a long-term contract, a short-term contract?

Is it negotiable throughout the life of the contract?

How does that normally work?

Well, the way I I, as a lawyer, the way I look at it, it it's an adhesion contract.

So whatever the BLW wants and to protect them and their customers is what we will do.

So they will be uh time limit on it.

They could add a Mac uh minimum uh monthly usage, and if they want to add that, we would obviously I mean it it's they're they're gonna present a contract to us.

We will have to agree to it.

So if uh if there's a minimum usage that that they would like us to agree to, we would agree to that.

Okay.

That's all.

Again, you know, for some of us, this is the first time we've heard anything about a data center, and so we have first time we're hearing about how it works, you know, contractual-wise with the city.

So that contract is how the city benefits, obviously.

Yes.

We're selling the power to y'all.

Yeah.

Um I can try with a few more, a few more questions.

Let me look up something while you're doing this.

Okay.

Um a few other questions that I've um I've seen that might be I'd like to like to hear some answers to as well.

Um this is from an from an engineer, so I need you to explain it back into layman's terms on this.

Okay.

Is the mechanical design an N equals 20 or N equals 50 year extreme ambient?

And what is your expected peak in annualized PUE?

And can you please explain that in layman's terms, please?

Sure.

Um the N50 is uh 105 degree design day, which is what the chillers are designed for.

That's uh term used by the Uptime Institute.

Which kind of sets bars to data centers.

So that's what they're designed to.

And the second part of that question, could you?

What was your expected peak in annualized PUE?

1.3.

And please define what 1.3 means in this case.

So that means for um say you used 10 megawatts of power to actually run the computers, you would use three megawatts of power to cool them.

So in your case, the 12 to 18 essentially.

Okay.

Has an elect as an electrical engineer of record provided an EMF study.

EMF.

Is that parks and parks?

Electro-magnetic frequency.

Electromagnetic frequency study?

Yeah.

You said there's no EMF.

Yeah.

So EMF is typically either by like high frequency or power lines.

And since this facility doesn't use high voltage, the high voltage is brought in by Marietta, and we basically transform it right there.

There's really no EMF to be concerned about.

Okay.

Not really.

But sort of and I'm not this doesn't uh it's kind of confusing here.

So I know we're up against a highway and we're already gonna have you know health issues based off of diesel trucks running up and down the highway all the time.

You said it's gonna take nine diesel generators if there was a power outage, and that you're willing to test those on a staggered schedule.

What else, if anything?

Can you do, should you do?

I know one thing that I'm thinking, which again comes back to landscaping, to mitigate particle disbursement for us allergy and headache sufferers.

Do you mind repeating the question?

Sorry.

That's all right.

I know you're trying to formulate it, and I don't think I can get the real question.

So my issue is about health benefits.

Yeah or health.

Repercussions.

Repercussions, thank you.

I'm getting a migraine from these lights.

So health repercussions.

What mitigation is there?

Because the diesel generators are going.

The biggest health issues come from particles.

Those particles generally happen at the place of generation, which isn't what we're going to have here.

You know, generation is going to be at wherever, you know, the wandslees and of the world that we get our power from.

But any time you spark up those generators, you are going to be contributing particles into the air.

So under realizing that we really have to have a very concrete landscaping, because I'm not sure you can do much else for the particalization of the diesel fuel.

So are you and I know we talked kind of about that for noise, but are you prepared for a larger uh buffer area, landscaped buffer area?

Yes.

Yes.

Thank you.

Like I said before, I believe that helps the sound.

It will help the sound as well.

Oh, I think so too.

Yeah.

Yeah, definitely.

We just need to talk about what that buffering looks like.

And Daniel, what's our buffering right now?

Can you I keep looking for you over there, I'm sorry.

What do they have hands?

It's a 40-foot buffer to residential.

CRC.

Is the requirement?

Correct.

What is it?

I mean, I know that one of the the um one of the things being asked for is existing conditions.

What's the buffer now?

Do you know?

Um we don't know.

It's certainly less than 40 feet though.

Oh yeah.

If we pull the site plan up, I have a suggestion.

So actually the the the this one right here, this layout, this the one that's yeah.

Um, Shell.

Yeah, there we go.

So on the where number four is that side for some the the grade differential is really high at that angle, right angle.

And there's landscaping on both sides of the property line.

Where we get the closest to at grade is unfortunately where we actually lose some landscaping that was done years ago.

And what we would like to do is continue continue that landscaping line straight down.

So that landscaping in that area is is re-established along that line.

Um all the way down.

And it it's can we get to a 35-foot buffer?

We will make it happen.

Thank you for worrying.

May I ask a question to my colleague as well.

Do you need any more information on the stuff?

Do you have any other questions?

No, I I have no more questions.

We just need to find a way that all of this gets incorporated.

I I still will continue to say that I am concerned about the sound.

I wish that we had the sound engineer here right now to get fuller questions answered.

I wish we had a sound study before we go forward.

You understand though that if this were to pass, nothing could be built disturbed because the next step has to be you coming back with those things.

So this just starts the process, and I get that.

But I still have a lot of questions, and I no problem saying that I've said this for a while, is my biggest question is sound.

And may I ask one more question to my colleague?

Mr.

Mayor?

If something went into a motion, what would what would you think would be appropriate?

Would be coming back to council, connect to staff.

Wait, say that again, I'm sorry.

What do you think would be appropriate?

Isn't that tonight?

Versus something versus the table or something.

This is the discussion.

As much as I hate these words, I would my preference, and I don't know if I'm allowed to say this, Mayor.

You're looking a little um we're rolling together.

Okay.

I I just have too many sound questions.

For everybody who's clapping, don't take that to mean that I am against this.

What I'm saying is I have questions.

I would like to talk to the engineer.

I would like to hear from the engineer.

I mean, I I understand you're agreeing to everything that we want.

But I'd like to hear from the sound engineer to make sure that everything that I think we need makes sense because I'm not a scientist.

Is there a second to the motion?

If we could um I didn't know, can I make a comment before we before I do it?

I'll suck in the motion and then we can have discussions.

So that the chair accept the chair accepted as a motion, the motion to table.

Okay.

I suck in the motion.

And now I have a question.

I would like to see us come up with a special land use permit during this table.

Do we have enough time?

We can't do it.

Well, we can't come up with something now.

Yes.

Yes, I do it.

You know, they would have to agree to them, and then we could pass it as a ongoing special land use permit that would be used once we were off of the moratorium.

That's the only change that would have to go through advertisement planning commission and then back here at the end of the day.

Who votes in 60 days?

We can set the criteria doing this table for how long.

Um sir.

Thank you.

I'm asking this to you.

For a table, that you that means a month table.

That means it comes back in August, correct?

I want to make sure that's correct.

Well, I was going to ask if we could be on the 28th.

July 28th.

I don't think that would be the best idea.

Are you okay with all the August meeting?

The next regular meeting we would expand it on January.

Yes.

And I really would like to hear from the sound engineer.

I mean, attorney Huff has my information.

I would just like to get better answers on sound.

We will have them.

Thank you.

Thank you.

I know.

Well they're they're sitting in it.

It will be to the next meeting because the chair will not go special call for something that's important.

So it had to be those indicate your vote as to the table.

Mr.

Handy, we conduct a public hearing.

He's not in here.

Oh.

Pardon me, Mr.

Mayor.

I'll go grab the attorney.

He's come.

He'll be right back.

No use making this making go-to smile.

I mean it's not even midnight yet.

Is it automatically end at midnight?

Nope.

Shot clock.

To my knowledge, I think there have been all the previous things.

That's the only points.

Like the board of education where we just call the meeting at two hours.

Yep.

God, we should do that.

Carol.

Mike's still on.

Well, I know that, but that that's their rule.

Is their hour their meetings are two hours.

Anything beyond that, they have to vote to stay.

Yep.

It's an automatic.

I know the mic's on, but heck, let's do that.

Just move it to next month.

In case any we're waiting for Doug to come back in case anybody cares.

The Braves won in case anybody cares.

Three of them.

Yes, sir.

Thank you, Mayor.

For case Z two oh two six-13, Iron Investments LLC is requesting the rezoning of point four two acres of property located at 782 Franklin Gateway from PRDMF, which is a planned residential multifamily zoning category to NRC, neighborhood retail commercial, to convert an existing daycare into a grocery store.

This is a uh piece of property on Franklin Gateway.

Uh my client actually operates the convenience store that's at in our it's on that property that's so zoned in RC.

Uh and he's operated that convenience for store for many years.

The uh surrounding multifamily development, a lot of customers come in and they wanted more grocery items.

He's limited in size because it's a convenience store.

So he's uh acquiring the uh property next door by lease.

And it is a uh has been operated as a daycare center, even though it's zoned multifamily, it should be zoned commercially.

Uh, but it's zoned multifamily.

Uh and so what he wants to do is create a grocery store uh on that property.

So it's important to note that he operates the convenience store, so he's gonna have a not it's not gonna be it's going to be a true grocery store because he doesn't obviously want to compete with himself.

So I think we've got some images of of what the concept would look like.

That's what we're talking about.

Making it into a traditional grocery store with items.

The only digital component will be cash registers, if I can.

Um but that's it.

It it's a it's a wonderful opportunity to create a use that will be needed, will be used by the surrounding residents.

Um and the planning commission unanimously recommended approval.

There is a uh need for, unfortunately, because of the configuration of the lot, there's no way to put a dumpster back.

We will enclose the dumpster up front.

If you got if you're gonna have this building used, it's gonna have to have trash receptacle.

And so that will be up front, but it will be uh shielded uh compliance with your code.

And that was also uh part of the recommendation from the planning commission.

We simply ask that you follow your planning commission recommendation and approve this application.

Any questions, Mr.

Huff?

Any questions?

Yes, I have a question.

Can you go back to the image, please, of the building?

So where are we talking about this bulk sanitation container to go?

Yes, so it is you you kind of see it right there on the left-hand side.

I see it.

Yeah.

So it would just be enclosed.

We'd have to enclose it.

Create the enclosure.

And regulation to be appropriately enclosed.

We're talking about just a wood.

A wood enclosure.

Masonry and then wood front.

Any other questions?

This is a public hearing.

Is anyone here tonight that would like to speak on this matter?

Related to 782 Franken Road.

Mr.

Barth, come on down.

Down Barth, St.

John Avenue.

When we start talking about helping the people out on Franklin Gateway, this is a perfect example.

My mother lives at Fernandina Beach, 8th Street going on there.

It's also called A1A.

There's two bodegas on the way on to St.

Georgia or on to Fernandina.

There are two bodegas.

Nobody notices them.

But they serve an important purpose to give groceries to the people that want it.

We're in a grocery desert on here, and anything we can do to provide more groceries for people in that area, please consider it.

Thank you.

Would anyone else like to comment?

State your name and address, please.

My name is Amy.

I live on 730 Franklin Gateway.

Um I'm very excited that this is actually happening.

I just found this out as I was sitting down, finally getting inside uh the building.

Um my sister is actually uh in the daycare that's currently placed there.

But even if we are losing that daycare, I'm very excited to know that it will become a grocery store.

Um I've spoken about this before when we had the whole conversation about the um uh Northwest Women's Soccer League, I believe that's the name.

Um, and how we need a lot of uh more of these spaces, especially for the residents that live on Franklin.

I remember being a young girl, not having a car, not having a family car, and having to walk to Walmart many times a week just to get groceries that I can carry in in a bag on my back or on the bus.

So the fact that we have something this accessible now, um, it's amazing.

And I hope that we continue to prioritize things like these like this in the future, especially because I do keep seeing gas stations pop up on Franklin.

And at some point, that food, it's not it's not healthy food for the kids that live on there.

We need genuine meals that can help them grow big and strong.

They go to school, they need to grow up, they cannot have junk food all the time.

So I'm glad this is being passed.

Thank you.

Is there anyone else?

Anyone else that would like to speak on this matter?

Mayor Tumman, City Council, the public hearing is closed.

Recognize Councilwoman Richardson for a motion.

Mr.

Mayor, my motion is approval of this application.

Um question before a second.

You'd be better make the second.

I'll second, but it might lead to amendments.

Well, the application is for the grocery and for the enclosure for the dumpster being in the front.

So that's everything.

That's the application.

That includes the stipulation though that was added by planning commission about the being enclosed about enclosed and screened from view.

That was in the original.

It wasn't, and it was added by planning commission.

All right, make an amendment.

They had the stipulation that sanitation container be appropriately enclosed and screened from view with the material uh Mr.

Gatty said it was materials of wood and masonry and brick, I believe.

Correct.

Or are you okay with that?

Yes.

That is my amendment to the motion.

I'll second his amendment.

Would that take parking spections or anything?

No.

The amendment has been made with a motion and a second.

Any further discussion?

Yes to the amendment, please indicate your vote.

The amendment passes 7-0.

Now to the main motion as amended.

Any discussion?

I have already voted.

Please indicate your vote.

Motion carries 7-0.

Thank you.

Thank you, sir.

Next item is 285 and 295 Victory Drive.

Mr.

Haney, will you conduct a public hearing, please, sir?

Yes, sir.

Thank you, Mayor Timber.

The public hearing is now open on Z 2026-14 for 285 and 295 Victory Drive in the name of Bridge Point Church, Inc.

Mr.

Cumming, the floor is yours.

Thank you once again, Mr.

Haney, for Z 2026-14.

The applicant Joseph Sylvie and Bridgepoint Church are requesting the rezoning of 3.69 acres of property located at 285 and 295 Victory Drive from CRC, community retail commercial and R4, a single family residential category of four units per acre to CRC for the purposes of expanding services of Bridgepoint Church to include to include early childhood education program and child care services.

And Mr.

Marv Harris uh Richardson, rather, is here to present on behalf of the applicant.

So I am going to abstain from the um voting on this uh particular rezoning hearing.

Um the pastor is my family member.

And I'm gonna state that I am not related to Mr.

Richardson, though I do know him.

All right, thank you.

Um good evening, Mayor and Council.

Uh appreciate the time.

I will try to keep this brief.

Um Bridgepoint Church has been at this property for since 2015.

Uh this building has been a religious center for uh uh since 1978.

So almost uh over 40 years.

Serving the community, uh helping families, and we have a great opportunity to continue to serve families in a great way by providing early uh learning education for uh six months to four years old.

Uh what is blocking that right now is that our um plat or our two zones are um uh we have a split uh designation, so is residential and CRC.

And so this is an issue of correcting a long-standing issue around the zoning of our building and having that zone completely as CRC, which will allow us then to set up and develop the uh the early learning academy.

Um not cause any expansion of our building or infrastructure, only our renovation inside the interior of the building.

Um there will be uh no significant um or uh measurable traffic increase as the traffic will follow the same pattern of normal uh drop-off and pick up patterns in that neighborhood.

And ultimately uh we are looking to want to just serve our community and serve our parishioners at our church where we see a great need to um you know really engage with a community, really have a faith-based learning academy uh where we can help young people uh learn about price, but also bring them up in a foster in a in a in a way that will teach them uh great values and um and nurture them for their growth.

So ultimately, uh the Early Learning Academy is is is asking Bridge Point is asking uh for for this change in the in the zoning designation to CRC, which will then allow us to move forward with the ELA.

Any questions of the applicant?

Any questions?

Is there anyone in the audience that would like to speak on this matter related to 285 and 295 Victor Drive?

Anyone?

Yes, sir.

Come forward, state your name and address, please.

Good evening, City Council.

I am Adrian Consonary Jr.

I am a native of Marietta, Georgia, born and raised, and the very ministry that this is uh being established with is the ministry that I was born and raised in.

And it is honestly an honor to be able to know that this ministry, in its effort to make sure that it builds bridges and breaks barriers, is willing to go and serve the community in the best way possible by pushing this academic excellence forward.

Having known all of the individuals who will be involved with the planning and the infrastructure of what this will be able to do, this rezoning will help us tremendously in making sure that we can continue to serve the very community that we also pastor to.

As there are so many different ways that individuals like to have their own voices heard, this will allow for us to make sure that individuals are not just heard, but that they are also cared for.

Thanks, sir.

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

Anyone else?

Mayor Tumman, City Council, the public hearing is closed.

Thank you, Mayor.

I make the motion to approve the rezoning of the property known as 285 and 295 Victory Drive from CRC and R4 to CRC community retail commercial.

Second.

So we have one understanding.

Thank you, sir.

Thank you so much.

Thank you.

Thank you.

Thank you.

All right.

Next one is 1440 subtra drive.

It is a de facto public hearing, Mr.

Haney?

Mr.

Mayor.

It's not one.

Yes, sir.

Before you start, may I make a disclosure?

Um disclose that I own property adjacent to this development and have recused myself from debate or voting in this matter, and I will be leaming the dais.

The 15 minutes will basically be those that the mayor indicated, this is a uh community comment period.

Um Mr.

Rosen, are you making the request tonight?

You representing the applicant?

Would you come forward and tell the uh mayor and city council briefly what the request is?

Please thank you, Mr.

Haney.

Good evening, Mayor and Council.

My name is Adam Rosen with Rose and Rosen and Riley.

Um here tonight on behalf of Monsieur Properties, who is the applicant in this preliminary plat application.

Uh Monsour is the contract purchaser with uh the ESP family, who is the current owner of the property uh is asking to uh be able to allow the development of of their approximately 13 acres uh consistent with uh what you see on your screen now.

Uh Mr.

Haney, if I may ask you said briefly.

Uh hang on one second.

I have it, yeah.

Do you want um am I continue with hang on?

Let's uh uh Shelby is gonna put something up or step there.

Is that is that what you need?

On the screen?

I can continue either way, but this is a new click share.

This is not the old click share.

All right, thank you.

Mr.

Haney, how long does how long do I have to present?

Can you do it in five minutes or less?

The night is getting long.

Um, I I will try to follow the rules.

I will wear a suit out of respect for counsel and try to follow the timelines.

Um, I understand that's important.

Um this is not normally a public hearing, this is a preliminary plat application.

I know you've heard that, we've talked about that in the committee meeting uh prior to this and the work session on Monday.

But we appreciate the opportunity to present to you.

I know that you have some uh adjoining and nearby neighbors that will want to speak to you as well tonight.

So we look forward to hearing that as well.

We have had conversations with some of the folks that you'll hear from tonight and some of those conversations that continue.

Uh so we appreciate the opportunity with us tonight, just so you are aware of some of those that you've seen at the meetings before, and in addition to that, uh Gaskins Lacrae Engineering has been working uh with the Monsora properties throughout the past couple of years.

This is not uh something that has just begun for them in the engineering world.

Um it's something they've been working on for a long time.

They've been uh good to stick with us for that time period.

Um Marcus Bowens, uh, who has been the one that has had to deal with our changes and requests the most, probably is here tonight and also wearing a suit dressed for you and happy to answer any questions on the engineering side.

I know we have talked about stormwater, we've talked about trees, we've talked about uh topography, we've talked about whether there's gonna have to be blasting.

There's a lot of things that engineering can answer, um, and a lot of those things that are not necessarily for tonight as a preliminary plat, but a lot of those things that have come up in this process that we can answer if that is helpful and are happy to do that.

Um Stacy and Amy Mollihunt are also here behind me with Monsore Properties and the broker uh for this development, and then uh Margot Espy, who is obviously one of the ESP family members uh who's also uh suffering in the real estate business as well, and um may want to speak to you as well tonight.

They obviously have a vested interest and have been working towards being able to sell their family property for a long time and believe that they have a good opportunity to do that with this applicant, someone that has been willing to stick with them for this time period and work through these issues and continue to work through these issues.

One of the things that we have focused on in these last couple of meetings is access to this property.

We recognize that this access is not a public road.

It's not even your everyday easement.

It's a privately owned strip of property that's jointly owned by also the SBs and the adjoining owners who are here tonight who you'll hear from and you've heard from yesterday from their attorney Joan Jordan Aldridge.

We recognize that that's not the normal circumstance, but we also recognize that at this point in the process at the preliminary plat phase, we have satisfied the conditions of what your ordinance requires under the preliminary plat guidelines.

We have provided to you those documents that show access and ownership while we understand that there have been objections and concerns raised about how we will be able to implement dedication of public right-of-way, installation of utilities without as they've claimed trespassing or um encumbering that private property that we're also an owner of.

Um we recognize that those issues are still to be dealt with.

After the preliminary plat, we have to go fully engineer and get approved for a land disturbance permit, which is a lot of the bulk of the work in engineering in any plat application uh before any trees or anything is taken down.

So to remember that context is important.

We recognize that that's something that has to be dealt with something that we plan to uh continue to deal with as we go through this process.

Um the letter that you received from me today, apologize for it being today and not sometime earlier, that was in response to some of the more recent information.

In that letter, you got a letter from Gaskins Lacrae certifying about their review of the stormwater conditions and what they intended to do moving forward engineering-wise and their review and what they would expect to do moving forward in the in the future.

You also saw not as a revision to the existing site plan, but as an example to you to show that if the private drive becomes an issue without consent of the other owners, and that keeps us from moving forward, we have shown utilities routed around that private area, and we've shown that we can instead of dedicating the public road dedicating the road for public use, it can be a private drive.

So the point is we can do those things.

We believe the existing plan is better.

It provides public use, it provides dedication on a road that even the owners will agree with substandard.

Um but those are things that happen in the next phase of the process after this preliminary plat approval.

Until that happens, we're not in a position to know how to move forward.

The neighbors aren't in a position to know how to potentially try to take action against it or to agree with what we're asking to do to move forward.

So we're at a point where we need the ability to get to the next step.

You rely on your staff to review, you rely on your staff to make sure that before we get to the land disturbance permit, things are done to prove that we have the opportunity and the ability to develop the way that we're proposing.

Where we are now, we believe we have the ability to have this plat approved.

We also recognize that within the last couple of days, this council has seen and heard different things that it had not heard before.

You got a letter yesterday from uh joining owners.

We are talking about a unique circumstance as far as access.

We're not here to say that that's not in existence and not something that should be considered.

What we proposed and what I said to you earlier uh in the letter to you this afternoon was make sure that that stuff gets dealt with after preliminary plat approval tonight.

Mr.

Hanage said earlier this is not determining real estate interest.

This is a preliminary plat that's conditional.

We are happy with this approval tonight stating that this does not decide any real estate interest.

We still understand that we have to certify title before we're able to get a final plat and before we're able to move forward.

We're comfortable with there being additional conditions that keep us from getting too far in the process without showing what we have and what we have the ability to do.

We also understand that some of that information uh has been new to council even this week.

If for some reason we're not in a position to be able to be approved and move forward tonight, we'll take the time to work with uh discussing with anyone else, adjoining owners, staff time to review and come back and be tabled and come back at the uh next month if that's what it takes for council to understand um and be comfortable with the information that it has more recently.

We feel like it's an opportunity to move forward, that we've presented what we need to to meet the requirements of uh your plat approval.

We also believe that it's important that we're able to have the plat approval to actually move forward to the next step of the process and let your staff do what it's trained and asked to do in this process.

Um but we're here tonight to discuss it more to the extent that council wants to uh to answer any questions that council may have and to hear from our neighbors.

So thank you.

Any questions, Mr.

Rose, and the the full 15 minutes is reserved to the neighbors who would like to see.

Can I have four questions?

Yes, sir.

But will the private road will be owned by an HOA or six individuals?

So if if we end up with a private drive for these two drives that come off of you know the commonly owned strip, then we will have to have some form of an association to help cover the maintenance cost.

Um that's something that we haven't fully dealt with at this point, but we recognize that it would have to have some sort of form for maintenance abilities and cost for that if it's not publicly dedicated.

They would basically convey their interest or the easement into the HOA or whatever type of amenity.

Yeah, I think all of the property that you see on either side is Espy-owned property, right?

And then the strip that's in the middle is jointly owned by SPs and the other owners that adjoin us.

And so the property that is ESP only would be conveyed to the new owners and and potentially with common area, but with some form of governance for them to be able to pay for those expenses.

Yeah.

If it's on by individual, you'd have to have cross-seasements at every segment.

I mean, yeah.

And be more complicated than it's worse.

Those are the things that we will do internally, and that is one of the reasons why not to again throw something on you this afternoon and not more in advance, but to show that we can route things and we can do things differently to maintain uh things privately on the SP-owned property.

And that's one of the examples.

That's why it's called a plant.

It's more than just lines.

You know, who owns it, who would manage it, who we keep it up.

Sure.

We're reluctant for private roads anyway.

Right.

And I think that that goes back to the list of the requirements for plat approval, you know, it it doesn't provide requirement to show how that's actually going to be implemented.

It doesn't provide requirements to actually fully engineer all of those things.

So there's a difference for where we are at this point in the process.

The mayor's call for community comment.

Thank you, Mr.

Rose.

Mr.

Haney, do I go ahead?

Do we have time remaining for our mention?

No, you're five minutes.

Let's let's hear from the citizens, and then if you want to come back and come back to the question, I want to either potentially respond or give Ms.

if she's willing and would like to, Miss Espy an opportunity to say something as well.

Who would like to speak?

Is uh Jordan Aldridge here?

You represent the adjoining property owners.

I represent two of the adjoints.

Okay.

Mr.

Nelson and Mr.

Rose.

And I delivered a letter to uh Councilman Waters uh yesterday and then realized that he had recused himself.

Um let me introduce myself.

My name is Jordan Aldridge.

I'm an attorney with King Gyaklin and Wilkins, and I represent Art Nelson and I represent uh Ken Rose.

They're two of the uh property owners in this development.

They own collectively uh about uh 12 acres in this development.

And um I delivered a letter to Councilman Waters, realized that he had recused himself, so I believe I got all of your emails and delivered it by email last night as well.

Our fundamental objection to this was uh when we looked at the plat, um there was a sewer that uh ran directly across the private road.

I understand Mr.

Rosen has resubmitted some uh some workarounds to that that may come up in the future.

But our fundamental issue is this plat fundamentally deviates from what attracted my clients to this community to begin with.

This was a large estate lot development put in place by uh the Espies, uh Paul and uh Goodman Espy appear to have been very instrumental in putting this together, and that's exactly what attracted Mr.

Nelson to this property in 1985, and exactly what attracted Mr.

Rose to this property in 1994, and then I believe he acquired some more property in 2000.

Um proposed plat completely does away with the feel and character of this development.

Um there are currently, I believe, seven uh large tracks.

There's one smaller tract, but I believe there's seven other large tracks, and this uh proposed plat obliterates the current feel.

Sure.

Speak a little closer into the lake.

Um the the current plat obliterates the what attracted my clients to their homes to begin with.

Um from a legal standpoint, and I understand we're not here to argue legal points, is uh the private road is owned by five five or six.

I haven't been able to exactly do the title work, but we do know that my clients are part owners of the private road.

And we strongly object to any encumbrances of that road.

Um we're not we're not here standing in the way of uh development unnecessarily, but we do have private property rights, and just fundamentally, I do not see how that 30 feet of entry onto the property in that shaded area, approximately 30 feet of entry, how that is practically going to work once this development is built out.

I understand, I believe I understand what Mr.

Rosen was saying is the two side uh roads, those will be owned and maintained as common property by the HOA.

But just practically speaking, the shaded property, I don't know who's going to own that property on behalf of the HOA.

Perhaps the HOA is going to own it.

We just really haven't heard any of that.

But then practically, who's going to uh maintain it and those sorts of things?

Um that that's our fundamental uh objection.

The plat has submitted demonstrates that it can't it the plat submitted shows that it cannot be implemented without encumbering the private road, and we would object on that per on that basis.

But even if there is some sort of a workaround, the plat clearly detracts from the common scheme of this development.

We would request that it be uh denied on that basis as well.

I'm happy to answer any questions, but uh my letter goes into a lot more detail and I won't belabor all the points.

Any questions of Mr.

Aldridge?

Thanks, sir.

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

Of course.

Good evening, uh Mayor Tumlin and City Council members.

Uh my name is David Lowry.

This is my wife Kathy.

Uh we live at 1449 Sumter Drive.

Just for a little context, we've been married our entire life.

Um my wife attended Westside, Marietta Middle and Marietta High.

Uh I was born at Kenstone Hospital, graduated from Osbourne High School, got my undergraduate and graduate degrees from Kennesaw State University.

Uh we've been married almost 30 years.

We've lived in Marietta City that whole entire time.