On the agenda: Athensoh City Council - Regular Session — Data Center (Aug 3)

AGENDA
ATHENS CITY COUNCIL
MONDAY, AUGUST 3, 2026 AT 7:00 PM
e-mail: [email protected]
Streaming is available at www.ci.athens.oh.us/video

FINANCE & PERSONNEL COMMITTEE:
•

Data Center Moratorium

•

Public Defender Agreement FY 2026-27

•

Appropriations

CITY & SAFETY SERVICES COMMITTEE:
•

Community Pavilion (design & construction, Phase I)

•

Public Safety Training Facility (amend 0-68-25)

REGULAR SESSION OF COUNCIL
Call to Order
Establish Quorum
Approval of Agenda
Disposition of Minutes:
•

Special Session of City Council held June 8 and Regular Session held June 15,
2026

Communications
Reports and Communications from Other Elected Officials
Ordinances for First Reading:

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0-68-26
AN ORDINANCE AUTHORIZING THE SERVICE-SAFETY DIRECTOR TO SUBMIT
AN APPLICATION AND ENTER INTO AN AGREEMENT FOR A STATE
INFRASTRUCTURE BANK (SIB) LOAN FOR THE STATE ROUTE 682 MAJOR
REHABILITATION PROJECT; AND DESIGNATING A DEDICATED REPAYMENT SOURCE
FOR THE LOAN.
Introduced by Council Member Thomas
0-69-26
AN ORDINANCE AUTHORIZING PAYMENT TO THE STATE OF OHIO, DEPARTMENT OF
TRANSPORTATION, TO COVER THE LOCAL SHARE OF THE STATE ROUTE 682 MAJOR
REHABILITATION PROJECT.
Introduced by Council Member Thomas
Announcements & Other Business:
•

-Reappointment to the Affordable Housing Commission
-Appointment to the Shade Tree Commission
-Motion to Accept the May and June 2026 Financial Reports
-Motion to Accept the May 2026 Credit Card Transactions

Opportunity for Citizens to Speak on Legislative Items and City Services Not
Covered on the Agenda
Executive Session: Pending Litigation
Adjournment

Micah McCarey
President of Council

The City of Athens supports the Americans with Disabilities Act. Requests for reasonable
accommodation may be made with the ADA Coordinator in the City Building or by calling 5923367.

Page 2 of 13

0--26
Introduced by Jessica Thomas, Chair
Finance & Personnel Committee
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM NOT TO EXCEED
ONE YEAR ON THE GRANTING/ISSUING OF ANY PERMITS FOR ARTIFICIAL
INTELLIGENCE DATA CENTERS WITHIN THE CORPORATE LIMITS OF THE CITY
OF ATHENS; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Athens is a municipal corporation organized and
existing under the Constitution and laws of the State of Ohio, possessing all powers of
local self-government granted by Article XVIII, Section 3, of the Ohio Constitution; and
WHEREAS, the Council of the City of Athens has the authority to enact zoning
regulations and land use controls pursuant to Ohio Revised Code Sections 713.06
through 713.14, including the power to regulate the location, construction, and use of
buildings and structures in the interest of promoting the public health, safety,
convenience, comfort, prosperity, and general welfare; and
WHEREAS, artificial intelligence (AI) data centers are large-scale facilities that
house computing infrastructure designed to support machine learning, neural network
training, large language model operations, and other artificial intelligence processing
activities, and such facilities typically consume extraordinary amounts of electrical
power, generate significant heat requiring extensive cooling systems, impose
substantial demands on water resources, and create unique land use impacts; and
WHEREAS, the rapid development and deployment of AI data center facilities
nationwide has created urgent land use planning challenges for municipalities,
including but not limited to impacts on electrical grid capacity and reliability, water
supply and wastewater infrastructure, traffic and transportation systems, noise and
vibration, cybersecurity and public safety considerations, and compatibility with
surrounding residential, commercial, and institutional uses; and
WHEREAS, the City of Athens currently lacks comprehensive zoning
regulations, performance standards, and site plan review criteria specifically
addressing the unique characteristics and impacts of AI data centers, and the existing
zoning code provisions applicable to general industrial or commercial uses may not
adequately protect the public health, safety, and welfare in relation to this emerging
land use category; and
WHEREAS, the Council finds that immediate action is necessary to prevent the
establishment of AI data centers while the City conducts a comprehensive study of the
land use, infrastructure, environmental, economic, and community impacts of such
facilities and develops appropriate regulations to address them; and

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WHEREAS, the Council has determined that this Ordinance is an emergency
measure necessary for the immediate preservation of the public peace, health, and
safety, in that the absence of a moratorium could result in the establishment of AI data
center facilities before adequate regulations are in place, potentially causing
irreversible impacts to the City's infrastructure, environment, and community character;
BE IT ORDAINED by the Council of the City of Athens, State of Ohio:
SECTION I: “Data Center” means a facility used for storage, management, and
dissemination of digital data, which houses computer, telecommunications, and/or
network equipment, systems, servers, appliances, and other associated components
related to digital data operations, and/or facility designed or modified to house
networked computers and data and transaction processing equipment and related
infrastructure support equipment, including but not limited to power and cooling
equipment to provide data and transaction processing services, outsource information
technology services, and computer equipment colocation services, as well as server
farms, cloud computing hubs and colocation centers.
SECTION II: The Council of the City of Athens imposes a temporary
moratorium not to exceed one year on the granting/issuing of any permits, as well as
the receipt and processing of applications for permits, under the Athens City Codified
Ordinances for proposed Data Centers within the corporate limits of the City of Athens.
SECTION III: This temporary moratorium suspends and tolls any time periods,
prescribed by law, within which any city department, any official or official body of the
City of Athens, is required to take action, upon an application and/or site plan review
approval process during the time this moratorium is in effect.
SECTION IV: The Council of the City of Athens hereby imposes a temporary
moratorium in order to allow Council, any of its committees, and the Planning
Commission to review applicable Ohio statutes and undertake a review and/or study of
the Codified Ordinances of the City of Athens, and perform further due diligence on
Data Centers to determine how Data Centers will impact the City’s infrastructure,
utilities, environment, residents, and the long-term planning goals, as well as to protect
the public health, safety, and general welfare.
SECTION V: This Ordinance shall be an emergency measure necessary for the
preservation of the health, welfare and safety of the residents of the City of Athens,

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Ohio, in order to continue to provide efficient delivery of services, and it shall be in full
force and effect upon its passage and approval by the Mayor.

____________________________
President of Council
ATTEST:

APPROVED:

__________________________
Clerk of Council

____________________________
Mayor

Page 5 of 13

0--26
Introduced by Jessica Thomas, Chair
Finance & Personnel Committee
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE BOARD OF ATHENS COUNTY COMMISSIONERS FOR THE PURPOSE
OF OBTAINING THE SERVICES OF THE PUBLIC DEFENDER'S OFFICE
THROUGH DECEMBER 31, 2026, AND TO EXTEND SAID AGREEMENT THROUGH
JUNE 30, 2027; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The Mayor is hereby authorized to enter into an agreement with
the Board of Athens County Commissioners for the purpose of obtaining the services
of the Public Defender's Office through December 31, 2026, and to extend said
agreement through June 30, 2027.
SECTION II: The Mayor is hereby authorized to expend up to One Hundred
Twenty Thousand Dollars for said FY 26-27 agreement and extension as follows:
up to Fifty-Four Thousand Two Hundred Thirty-Seven and 68/100 ($54,237.00) from
the 2026 General Fund, 101-106, and
up to Sixty-Five Thousand ($65,000.00) Dollars from the 2027 General Fund, 101-106,
T.C. 300.
SECTION III: This Ordinance shall be an emergency measure necessary for
the preservation of the health, welfare and safety of the residents of the City of Athens,
Ohio, in order to continue to provide efficient delivery of services, and it shall be in full
force and effect upon its passage and approval by the Mayor.
_________________________
President of Council
ATTEST:

APPROVED:

________________________
Clerk of Council

_________________________
Mayor

Page 6 of 13

0--26
Introduced by Jessica Thomas, Chair
Finance & Personnel Committee
AN ORDINANCE AMENDING THE 2026 APPROPRIATION ORDINANCE 120-25.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The 2026 Appropriation Ordinance 120-25 is hereby amended by
appropriating from the unappropriated balance the following sums:
Six Hundred Fifteen Dollars ($615.00) to CDBG Formula Grant Fund, 248, T.C. 300, to
cover property taxes for the sale of 458 Richland Avenue; and
Sixty-Four Thousand Nine Hundred Seventy-Five and 22/100 Dollars ($64,975.22) to
PACE Fund, 350, T.C. 400, for the Property Assessed Clean Energy (PACE) loan
payment; and
One Thousand Dollars ($1,000.00) to Parking Garage Fund, 730, T.C. 600, refund
line; and increasing the total appropriations by said amounts.
SECTION II: This Ordinance shall be in effect and full force upon passage and
approval by the Mayor.
_________________________
President of Council
ATTEST:

APPROVED:

________________________
Clerk of Council

_________________________
Mayor

Page 7 of 13

0--26
Introduced by Paul Isherwood, Chair
City & Safety Services Committee
AN ORDINANCE AUTHORIZING THE SERVICE-SAFETY DIRECTOR TO
ADVERTISE AND ACCEPT BIDS, WHERE NECESSARY, AND ENTER INTO
CONTRACT(S) FOR DESIGN AND CONSTRUCTION OF THE COMMUNITY
PAVILION PROJECT #397, PHASE I; AND DECLARING AN EMERGENCY.
WHEREAS, the State of Ohio has awarded the City of Athens ($300,000) in the
State Fiscal Year 2026-2027 State Operating Budget for the purpose of an agricultural
economy initiative; and
WHEREAS, said award is on a reimbursement basis; and
WHEREAS, the City continues to work with partners to seek external funds for
the estimated $1 million project to build a Community Pavilion at the East State Street
Park complex for use by the Athens Farmers’ Market and other community purposes;
and
WHEREAS, in order to use the State funding in the prescribed timeframe, the
City will begin design and early site construction prior to securing the additional funds
needed;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The Service-Safety Director is hereby authorized to advertise and
accept bids, where necessary, and enter into contract(s), with the lowest and best
bidder, for design and construction of the Community Pavilion Project #397, Phase I.
SECTION II: The 2026 Appropriation Ordinance 120-25 is hereby amended by
appropriating from the unappropriated balance the sum of Three Hundred Thousand
Dollars ($300,000.00) to Capital Improvements Fund, 580.580, T.C. 600, and
increasing the total appropriations by said amount.
SECTION III: The Auditor is hereby authorized to make the following interfund
transfer:
FROM
TO
AMOUNT
Cap. Improvements Fund, 580
Multipurpose Pavilion Fund, 908
$300,000.00
SECTION IV: The 2026 Appropriation Ordinance 120-25 is further amended by
appropriating from the unappropriated balance the sum of Three Hundred Thousand
Dollars ($300,000.00) to Athens Multipurpose Pavilion Fund, 908, T.C. 300, and
increasing the total appropriations by said amount.
SECTION V: The Service-Safety Director is hereby authorized to expend up to
Three Hundred Thousand Dollars ($300,000.00) from Athens Multipurpose Pavilion
Fund, 908, T.C. 300, on said Project #397, Phase I.

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SECTION VI: Upon reimbursement by the State, the City Auditor is hereby
directed to receipt said funds into Capital Improvements Fund, 580.580, and
increasing the total appropriations by said amount.
SECTION VII: This Ordinance shall be an emergency measure necessary for
the preservation of the health, welfare and safety of the residents of the City of Athens,
Ohio, for the purpose of meeting the project schedule within the confines of the grant
period, and it shall be in full force and effect upon its passage and approval by the
Mayor.
____________________________
President of Council
ATTEST:

APPROVED:

__________________________
Clerk of Council

____________________________
Mayor

Page 9 of 13

0--26
Introduced by Paul Isherwood, Chair
City & Safety Services Committee
AN ORDINANCE AMENDING ORDINANCE 68-25; AUTHORIZING DESIGN AND
CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY, PROJECT #373.
WHEREAS, the City received 2024 State Capital Bill funding in the amount of
$2.5 million; and has been awarded ODOT Office of Jobs and Commerce Funding of
$200,000 to be reimbursed to the Street Fund upon completion of the project;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The 2026 Appropriation Ordinance 120-25 is hereby amended by
appropriating from the unappropriated balance the sum of Thirty-One Thousand
($31,000.00) to Safety Services Fund, 206, T.C. 500, for repaving of the EMS lot and
TS Tech access road from damage caused during construction, and increasing the
total appropriations by said amount.
SECTION II: Section II of Ordinance 68-25 is hereby amended to read as
follows:
Section II: The Service Safety Director is hereby authorized to expend up to
Five Million Eighty-One Thousand Dollars ($5,081,000.00) Five Million One Hundred
Twenty-One Thousand Dollars ($5,121,000.00) as follows:
Two Million Five Hundred Thousand Dollars ($2,500,000.00) Two Million Five Hundred
Forty Thousand Dollars ($2,540,000.00) from Safety Services Fund, 206,
T.C. 500;
One Million Dollars ($1,000,000.00) from Street Fund, 220, T.C. 500;
Eight Hundred Thousand Dollars ($800,000.00) from Water Fund, 740, T.C. 500;
Four Hundred Thousand Dollars ($400,000.00) from Sewer Fund, 750, T.C. 500;
and
Three Hundred Eighty-One Thousand Dollars ($381,000.00) from Storm Sewer
Fund, 755.635, T.C. 500; for Project #373.

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SECTION III: This Ordinance shall be in effect and full force upon its passage
and approval by the Mayor.
____________________________
President of Council
ATTEST:

APPROVED:

__________________________
Clerk of Council

____________________________
Mayor

Page 11 of 13

0-68-26
Introduced by Jessica Thomas, Chair
Finance & Personnel Committee
AN ORDINANCE AUTHORIZING THE SERVICE-SAFETY DIRECTOR TO SUBMIT
AN APPLICATION AND ENTER INTO AN AGREEMENT FOR A STATE
INFRASTRUCTURE BANK (SIB) LOAN FOR THE STATE ROUTE 682 MAJOR
REHABILITATION PROJECT; AND DESIGNATING A DEDICATED REPAYMENT
SOURCE FOR THE LOAN.
WHEREAS, small city State Infrastructure Bank (SIB) loans offer a zero percent
interest rate, for up to $500,000, for a loan term of five (5) years or less, fully
amortized; and
WHEREAS, Ordinance 59-26 authorized an LPA/Federal Local-Let Project
agreement with ODOT for major rehabilitation of the State Route 682 Project;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The Service-Safety Director is hereby authorized to submit an
application and enter into a small city State Infrastructure Bank (SIB) loan agreement
for the State Route 682 Major Rehabilitation Project in the amount of up to Four
Hundred Ninety-Nine Thousand Dollars ($499,000.00).
SECTION II: The 2026 Appropriation Ordinance 120-25 is hereby amended by
appropriating from the unappropriated balance the following sums:
Two Thousand Dollars ($2,000.00) to Street Rehabilitation Fund, 572, T.C. 500, for the
loan origination fee; and
Four Hundred Ninety-Nine Thousand Dollars ($499,000.00) to Small Cities ODOT
Fund, 589, T.C. 500, and increasing the total appropriations by said amounts.
SECTION III: The dedicated source of the loan repayment will be derived from
Small Cities ODOT Fund, 589.
SECTION IV: This Ordinance shall be in effect and full force upon passage and
approval by the Mayor.
_________________________
President of Council
ATTEST:

APPROVED:

________________________
Clerk of Council

_________________________
Mayor
Page 12 of 13

0-69-26
Introduced by Jessica Thomas, Chair
Finance & Personnel Committee
AN ORDINANCE AUTHORIZING PAYMENT TO THE STATE OF OHIO,
DEPARTMENT OF TRANSPORTATION, TO COVER THE LOCAL SHARE OF THE
STATE ROUTE 682 MAJOR REHABILITATION PROJECT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATHENS, OHIO:
SECTION I: The Service-Safety Director is hereby authorized to expend up to
Four Hundred Ninety-Nine Thousand Dollars ($499,000.00) from Small Cities ODOT
Fund, 589, T.C. 500, in accordance with Ordinance 68-26, the LPA/Federal Local-Let
Project Agreement, to cover the City’s cost share for the State Route 682 Major
Rehabilitation Project.
SECTION II: This Ordinance shall be in full force and effect at the earliest
moment permitted by law upon its passage and approval by the Mayor.
____________________________
President of Council
ATTEST:

APPROVED:

_____________________________
Clerk of Council

____________________________
Mayor

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