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Page 1 November 18, 2019 CITY COUNCIL MEETING AGENDA 11360 Lakefield Drive Johns Creek, GA 30097 7:00 PM www.JohnsCreekGA.gov As set forth in the Americans with Disabilities Act of 1990, the City of Johns Creek will assist citizens with special needs given proper notice (7 working days) to participate in any open meetings of the City of Johns Creek. Please contact the City Clerk’s Office via telephone (678-512-3212) or email at [email protected] should you need assistance. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. OPENING REMARKS E. MINUTES E.1. ACTION ITEM - Consideration to Approve November 4, 2019 Work Session Summary and Council Meeting Minutes 2019-11-4 Work Session Meeting Minutes_Draft.docx 2019-11-4 Council Meeting Minutes _Draft.docx F. APPROVAL OF MEETING AGENDA G. CONSENT AGENDA G.1. ACTION ITEM - Approval of Privileged Resolution Recognizing Eagle Scout Luke Michaelis of Troop 2000 ES Michaelis.doc G.2. O2019-11-29 - Consideration to Approve an Ordinance Adopting the 2020 Council Meeting Calendar Agenda Report 2020 Calendar Revised.doc O2019-11-29 Ordinance Adopting 2020 Mtg Calendar 2020 Draft Calendar revised.doc H. PRESENTATIONS H.1. Recognition of Georgia Parks and Recreation Volunteer of the Year for 2019 1

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Page 1: 2019-11-4 Work Session Meeting Minutes Draft.docx 2019-11 ... · the Hazardous Waste Collection and the Family Fall Festival were all successful events. CM Broadbent congratulated

Page 1

November 18, 2019 CITY COUNCIL MEETING AGENDA

11360 Lakefield DriveJohns Creek, GA 30097

7:00 PM

www.JohnsCreekGA.govAs set forth in the Americans with Disabilities Act of 1990, the City of Johns Creek will assist citizens with specialneeds given proper notice (7 working days) to participate in any open meetings of the City of Johns Creek. Pleasecontact the City Clerk’s Office via telephone (678-512-3212) or email at [email protected] should you needassistance.

A. CALL TO ORDER

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. OPENING REMARKS

E. MINUTES

E.1. ACTION ITEM - Consideration to Approve November 4, 2019 Work Session Summary andCouncil Meeting Minutes 2019-11-4 Work Session Meeting Minutes_Draft.docx2019-11-4 Council Meeting Minutes _Draft.docx

F. APPROVAL OF MEETING AGENDA

G. CONSENT AGENDA

G.1. ACTION ITEM - Approval of Privileged Resolution Recognizing Eagle Scout Luke Michaelis ofTroop 2000 ES Michaelis.doc

G.2. O2019-11-29 - Consideration to Approve an Ordinance Adopting the 2020 Council MeetingCalendar Agenda Report 2020 Calendar Revised.docO2019-11-29 Ordinance Adopting 2020 Mtg Calendar2020 Draft Calendar revised.doc

H. PRESENTATIONS

H.1. Recognition of Georgia Parks and Recreation Volunteer of the Year for 2019 1

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H.2. Recognition of Eagle Scout Michaelis ES Michaelis.doc

I. PUBLIC COMMENT

J. REPORTS

J.1. Presentation of Manager's Monthly Report 11.18.19_CityMgr Monthly Report-OCT19 v2.pdfOct Financials.pdf

K. ANNOUNCEMENTS

L. OLD BUSINESS

M. NEW BUSINESS

M.1. R2019-11-42 Consideration to Approve a Resolution to the Recreation and Parks AdvisoryCommittee (RPAC) R2019-11-42 _Reso_appointing_Rec_Advisory_Board Member Post E.docxCathy Barnard.pdf

M.2. ACTION ITEM - Consideration to Approve the Facility Usage Agreement with Autrey MillNature Preserve and Heritage Center Association 11.18.19 - Memo - Autrey Mill Facility Use Agreement.docxAttachment Autrey_Mill_Preserve_Operating Agreement_2019 redline.pdf

M.3. ACTION ITEM - Consideration to Approve a Construction Funding IGA with City of Duluth,Fulton County and Gwinnett County, a Right of Entry Agreement with the City of Duluth andan Ownership and Maintenance IGA with the City of Duluth for the Rogers Bridge Project 11.04.19 - Memo - Rogers Bridge - Construction Phase.docxRogers Bridge - IGA - Construction.pdfPI 0014160 Rogers Bridge - Right of Entry Agreement - Including Exhibit.pdfRogers Bridge IGA - Ownership and Maintenance.pdfRogers Bridge Concept Drawing.pdf

M.4. ACTION ITEM - Consideration to Authorize the Right-of-Way Phase for the Medlock Bridgeand State Bridge Intersection Improvement 11.18.19 - Memo - Medlock at State Phase 1 - ROW Authorization Request.docx2019-0814_Public Meeting Concept, Alt 5.pdf

N. OTHER BUSINESS

O. PUBLIC COMMENT

P. MAYOR'S COMMENTS

Q. EXECUTIVE SESSION 2

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R. ADJOURNMENT

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2019-11-4 Work Session Summary-Draft Page 1 of 2

CITY OF JOHNS CREEKWORK SESSION SUMMARYNovember 4, 2019 @ 5:00pm

The City of Johns Creek Mayor and Council held a Work Session on Monday, November 4, 2019 at 5:00pm. The Work Session was held at City Hall, located at 11360 Lakefield Drive in Johns Creek, Georgia 30097. In attendance were Council Members S. Broadbent, S. Endres, C. Coughlin, J. Bradberry, J. Lin and L. Zaprowski. Mayor Bodker presided.

Mayor Bodker led pledge of Allegiance.

Public Works Director Baker reviewed the Facility Usage Agreement Renewal with Autrey Mill Nature Preserve and Heritage Center Association, the current agreement expires December 31 and there is one outstanding issue; Autrey Mill has requested approval to make operational funding requests in the next budget. Staff has worked with Pam Sutton from Autrey Mill and reported currently the Association retains all of the revenue and uses 5% to improve building structures, facilities and grounds. The association also requested support for phone and internet costs, volunteer/contractor coordination and visitor center staffing. The current agreement does not allow this type of request, if Council wishes to allow this request Section 4.5 would need to read The Association may request that the City budget include funds for capital improvements of the Property or operational support for services provided for residents of Johns Creek.

Council had discussion on the current requirements of the contract and the differences between Autrey Mill and the Athletic Associations. Ms. Pam Sutton was present and expanded on some of the current operational challenges related to cleaning, maintenance and staffing. There was discussion on division of labor and how certain issues are currently being handled. Council reached consensus to shift the responsibility of phone and internet to the City and let staff work with Autrey Mill to improve coordination of the operational responsibilities, reevaluate this contract in one year, and come back to Council in April for an update.

Clerk Jones provided a revised 2020 Calendar to Council. There was no additional feedback and Council reached consensus to place this on the Consent Agenda at the next Council Meeting.

Assistant City Manager Greer reviewed the Parks Bond process what is Council has allocated $17.4M to the Cauley Creek Park and includes elements Council suggested; staff is seeking consensus on the overall concept plan and if the costs change what would be added or eliminated from the budget/project. Out of quality, cost and schedule what would Council prioritize? After brief discussion, Council reached consensus on the overall plan as a starting point and after additional discussion on elements of the park Council reached consensus that quality and cost were the priorities but they would like to get as many amenities as possible. Staff indicated the next step would be to discuss procurement and construction options; Council expressed interest in exploring additional procurement methods, staff will discuss the options at a future Work Session. Regarding the Linear Park, staff is seeking direction on whether or not to drain the lakes; Council had discussion on the options and the merits of each. Council Members Endres and Coughlin stated a festival field was a priority; there was discussion on what is an appropriate size. CM Zaprowski and Mayor Bodker would like to look at other options to draining the lake noting the permitting process would be a challenge. CM Bradberry inquired about a Town Center Master Plan and Ms. Greer reviewed the timeline. After discussion, Council reached consensus to leave the funds as is and have this be part of the Town Center Master Plan discussion. Ms. Greer summarized procurement/construction will

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2019-11-4 Work Session Summary-Draft Page 2 of 2

be discussed at the December meeting, she encouraged Council to reach out with concerns along the way, she will also bring the budget encumbrances to the December meeting.

Assistant Public Works Director Haggard reviewed the request to approve Intergovernmental Agreements and a Right of Entry for the Rogers Bridge Project, staff is seeking approval of three agreements: a Construction Agreement (partnership) with Gwinnett County, Fulton County and the City of Duluth and includes a $350,000 match of Federal funds. The second agreement is a Right of Entry agreement that allows workers to come on our side of the river. The third agreement is Ownership and Maintenance that says the City of Duluth owns the bridge but Johns Creek has use rights in perpetuity, maintenance costs will be minimal due to the self-sustaining nature of the bridge. After approval of the agreements, final plans will be reviewed and construction could start next summer. Council held discussion on holding events on the bridge and requested staff to ensure the bridge is engineered to handle such events. Council had brief discussion on the parties budgeting funds for maintenance in the future and the multi-modal policy and reached consensus to place this item under New Business at the next Council Meeting.

Public Works Director Baker led a discussion on the Medlock Bridge and State Bridge Intersection, staff is seeking to enter the right-of-way phase for the interim solution also known as Alternative 5. Staff is seeking to improve this important intersection and minimize the negative impacts to businesses and residents; the project would widen the western leg in both directions to six lanes and restripe the southbound lanes on Medlock Bridge Road. Council had discussion on the specifics and analyzing the past and future improvements to determine effectiveness, council requested that future projects have baseline studies performed before and after projects. Ms. Baker stated they are planning to come back early next year with an overall TSPLOST update and continue the long-term conversation. After discussion, Council reached consensus to place this item under New Business at the next Council Meeting.

CM Broadbent led a discussion on the Format of the Manager’s Monthly Report, he stated the current format of the Manager’s report can be improved, it is a large report with repetitive information, and herecommended significant events/updates, key financial indicators and information come only from staff. Mayor Bodker remarked the Council should work together to determine what they need from this report to govern. CM Endres suggested using the report as a planning tool broken down monthly, quarterly and annually, focus on Parks Bond and TSPLOST and finances should be reported quarterly as well as a report of legal issues. After discussion, Council reached consensus to place this item on a future agenda when a permanent City Manager and new Council members are present.

Due to time constraints, the agenda item Fireworks was not considered but there was consensus among Council to move the discussion to the Council Meeting.

There being no further time, Mayor Bodker adjourned the Work Session.

Approved: Attest:

________________________________ __________________________Michael E. Bodker, Mayor Joan Jones, City Clerk

(Seal)5

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2019-11-04 Council Meeting Minutes Draft Page 1 of 4

CITY OF JOHNS CREEKCOUNCIL MEETING

November 4, 2019 at 7:00 p.m.

The City of Johns Creek Mayor and Council held a Council Meeting on Monday, November 4,2019 at 7:00pm. The meeting was held at City Hall, located at 11360 Lakefield Drive, in Johns Creek, Georgia 30097.

COUNCIL PRESENT: Post 1-Leonard Zaprowski Post 2-Jay LinPost 3-John BradberryPost 4 Chris Coughlin Post 5-Stephanie EndresPost 6-Steve BroadbentMayor Mike Bodker

STAFF PRESENT: City Clerk Joan Jones

Pledge of Allegiance led by members of Scout Troop 808.

OPENING REMARKS: Mayor Bodker thanked everyone for joining the meeting, he reported retired K-9 Officer Nico died peacefully in his sleep and offered his condolences to his partner Officer Hodge and his family. Mayor Bodker reported Trunk of Treat, Fire/Police Chili Cook-off, the Hazardous Waste Collection and the Family Fall Festival were all successful events. CM Broadbent congratulated the Fire Department on their Chili Cook-off win. Mayor Bodker invited everyone to attend the upcoming Walk with a Doc and reported the Wall that Heals ribbon cutting has been postponed until March due to weather. Mayor Bodker closed his comments by reminding everyone tomorrow is Election Day, he encouraged everyone to choose who would be representing them.

MINUTES: CM Endres motioned, seconded by CM Broadbent to approve the October 21, 2019Work Session and Council Meeting minutes as presented. There being no discussion, the motion carried unanimously. (ACTION ITEM)

MEETING AGENDA: CM Endres motioned, seconded by CM Coughlin to amend the Meeting Agenda to add M.1. Fireworks Discussion and include an Executive Session. There being no discussion, the motion carried unanimously. (ACTION ITEM)

CONSENT AGENDA: CM Bradberry motioned, seconded by CM Broadbent to approve the Consent Agenda as presented which includes R2019-11-41 – Approval of a Proclamation Recognizing Veterans Day. ACTION ITEM –Approval of an Intergovernmental Agreement (IGA) with Fulton County for the Barnwell Road at Holcomb Bridge Road Waterline Relocation. ACTION ITEM – Approval of Tourism Product Development Funds to the Wall that Heals, Autrey Mill Nature Preserve and Greenway Trail Studies. There being no further discussion, the Consent Agenda was approved unanimously. (ACTION ITEM)

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2019-11-04 Council Meeting Minutes Draft Page 2 of 4

PRESENTATIONS: Mayor Bodker presented the Veterans Day Proclamation to the National Society of the Daughters of the American Revolution Patriots of Liberty Chapter and to JC Veterans in attendance.

PUBLIC COMMENT: T. Corrigan, commented on the CVB, they accept tax money and are subject to sunshine laws. On the gateway markers, there are North Fulton cities and local high schools with talented artists, the community should have been involved similar to the Wall that Heals project. He suggested there should be an education process for the CVB or a quarterly rotation of Council on the Board, it’s disconnected from the community.

REPORTS: Ms. Lynda Smith updated the Council on the Convention Visitors Bureau (CVB), she reported they receive hotel/motel tax from the three hotels and are the marketing entity for Johns Creek. She provided a breakdown of tax received 32.14% is for promoting tourism, 39.3% is Tourism Product Development Funds and 28.46% remains with the City for general fund purposes. Ms. Smith reported quarterly highlights include funding improvements at Autrey Mill, Bell/Boles Roundabout Public Art, Installation of the Wall that Heals and a Gateway Marker Community Engagement process. She highlighted the public art engagement process and will present the results once the process is complete.

CVB is also participating in the Legacy Center at Johns Creek Task Force and funded the feasibility study. Outreach efforts include; a feature in Atlanta Magazine, safest city award for tourists, Bar/Bat Mitzvah Expo, website blog, features in Atlanta Trails and advertising with theKnot. The CVB also issued a grant to the Autrey Mill for their first Farm Festival and noted all visitors to Johns Creek stimulate the community.

CM Endres thanked the CVB and stated it was the Council’s responsibility to provide oversight and guidance to the spending of tax dollars and determine if the tax will be charged. CM Endres had questions about the tracking of the on-line voting; City Communications managed the process and Director Mullen reviewed the specifics. There was further discussion on the function of the CVB, the tunnel and the new signage. CM Endres inquired about a blog post that stated Ms. Smith’s personal connection to the tunnel project contract. Ms. Smith noted one of her board members at her place of employment had a connection to the artist and the CVB Board was aware of the connection. She reminded council she and the other CVB members are volunteers and have only good intentions for the City by building and marketing assets.

CM Zaprowski stated he had been involved in the process, attended meetings and it’s been a fair and open process and the result is representative of citizen input, Ms. Smith is a good partner to the City.

Mayor Bodker thanked Ms. Smith for being a willing partner and keeping dialogue open, he thanked Ms. Marzen and the entire CVB Board for their dedication.

ANNOUNCEMENTS: City Clerk Jones announced the following upcoming meetings: Wednesday, November 6th Planning Commission is cancelled. Thursday, November 7th Zoning Public Participation Meeting at 7pm. Monday, November 11th City Offices Closed in Observance of Veterans Day.

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2019-11-04 Council Meeting Minutes Draft Page 3 of 4

Wednesday, November 13th, CVB 8:30 am at Six Bridges Brewery. Wednesday, November 13th Recreation and Parks Committee Meeting at 6:30pm. Thursday, November 14th Quarterly Town Hall, 7pm Monday, November 18th Work Session at 5 pm, City Council Meeting 7pm.

CM Zaprowski reported he attended the Special Needs Task Force Meeting, he congratulated the Parks and Rec Directors from the cities involved for doing a great job with the Special Needs Expo and Special Needs Guide. Upcoming events include a task force meeting in January, a second expo and community input meetings. CM Zaprowski reported he attended a seminar on Raising Resilient Kids at Centennial High School, the speakers shared stories about their addiction problems and vaping was a key subject among participants. CM Zaprowski reported he also attended a public forum about a potential greenway, he encouraged everyone to stay involved in this project.

CM Bradberry also commented on the Raising Resilient Kids and thanked Amy Hastings for a great event. CM Coughlin reported he is working on initiatives relating to addition in school age children.

OLD BUSINESS: Nothing under Old Business

NEW BUSINESS: Nothing under New Business.

OTHER BUSINESS: CM Endres led a discussion on Fireworks, she reported she had received emails from residents concerned with fireworks being setoff and police being unable to do much to handle the issue, she inquired if Council desired to review the language and suggested Diwali be added as an accepted holiday. Council had discussion with Attorney Bennett on adding Diwali and how to craft the language to incorporate the holiday. Mr. Bennett suggested reenacting a noise ordinance that identifies fireworks and the level of sound that’s a violation. Council Members Zaprowski, Coughlin, Bradberry and Endres were in consensus to move forward with changing the language. Chief Densmore commented the change related to Diwali was simple but from a police perspective he would prefer to stay with the State Ordinance; the issue is finding the location, once the location is found the fireworks are usually over. After additional discussion, it was determined that Diwali would already be protected under the State Law and no further changes would be pursued at this time. Mayor Bodker recommended a series of PSA’s that would encourage neighbors to be mindful of the neighbors, Council was in consensus with this idea.

PUBLIC COMMENT: No Public Comment

MAYOR’S COMMENT: Mayor thanked everyone for attending and reminded them to vote tomorrow.

EXECUTIVE SESSION: CM Broadbent motioned, seconded by CM Lin to go into Executive Session. The motion carried unanimously and an Executive Session was held. CM Zaprowski motioned, seconded by CM Bradberry to move out of Executive Session and resume the meeting. The motion carried unanimously. The council meeting resumed, Mayor Bodker noted Executive Session was held on one land and one personnel matter.

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2019-11-04 Council Meeting Minutes Draft Page 4 of 4

ADJOURNMENT: There being no further business, CM Bradberry motioned, seconded by CMEndres to adjourn. The motion carried unanimously and the meeting was adjourned.

Approved: Attest:

______________________________ ____________________________Michael E. Bodker, Mayor Joan Jones, City Clerk

(Seal)

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CITY OF JOHNS CREEKPRIVILEGED RESOLUTION

EAGLE SCOUT LUKE EDWARD MICHAELISTROOP 2000

The City of Johns Creek congratulates Lu k e E d w ar d M i ch a e l i s o f Troop 2 0 0 0on successfully completing all the rank requirements for Eagle. Whereas Eagle Scout Michaelis has completed his community service project which included construction and installation of STEM and Weather Station boards at Medlock Bridge Elementary School; and Whereas, these two boards provide educational opportunities for younger students touse tools like a rain gauge and observe wind patterns that can be used to teach about the weather; and Whereas, the STEM board provides older students opportunities to learn about the application of simple machines such as a pulley, and an inclined plane and how these tools are used in everyday life. Whereas Eagle Scout Michaelis also participated in the Johns Creek Student Leadership Program and has volunteered on numerous community projects throughout his scouting career, he has learned many valuable life’s lessons along the way. Now, the Mayor and Council of the City of Johns Creek hereby recognize and applaud Eagle Scout Luke Edward Michaelis and wish him well in all his future endeavors.

_______________________ _____________________________ Michael E. Bodker, Mayor Council Member John Bradberry

Attest:

___________________Joan C. Jones, City Clerk

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Agenda Report: 2020 Council Meeting Calendar Page 1 of 1

AGENDA REPORTTo: Honorable Mayor and City Council Members

From: Joan Jones, City Clerk

Date: September 27, 2019

Agenda Item: Review of the 2020 Council Meeting Calendar

Recommendation: Approve Ordinance adopting the 2020 Council Meeting Calendar as required by Section 3.13(a) of the City Charter.

Revised: At the October 21st Work Session Mayor and Council requested staff make the following changes: Note the Diwali Holiday Move the proposed August Town Hall to September Shift meetings in July, August and September. Staff is proposing to meet on Tuesday, September 8th in

order to maintain a biweekly schedule.

A new draft is included for review.

Issue: Council needs to consider dates for a strategic planning meeting.

Council has agreed to hold Quarterly Town Hall Meetings. These meetings are scheduled for Thursdays each quarter (2/6, 5/14, 9/17 and 11/12).

This calendar reflects back to back meetings the last of April/first of May (due to Spring Break) and again the last meeting of September/first of October (due to Labor Day Holiday). Council may want to look at these months more closely to consider options. In addition, the adopted 2019 Meeting Calendar has the final Council Meeting on December 9, 2019 and with this proposed 2020 Meeting Calendar we would not meet again until January 13, 2020.

Basis for Recommendation: This proposed calendar best fits the various boards and commission calendars as well asthe Council needs. At this time, the Public Arts Board and the Arts and Culture Board have not determined their meeting date/time, but this would not affect Work Session or Council Meetings.

Financial Impact: N/A

Attachment(s): Ordinance adopting the 2020 Meeting Calendar Meeting Calendar

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STATE OF GEORGIAFULTON COUNTY ORDINANCE 2019-11-29

AN ORDINANCE TO ESTABLISH A REGULAR CITY COUNCILMEETING SCHEDULE FOR THE CALENDAR YEAR 2020

WHEREAS, the Mayor and Council of the City of Johns Creek is required under the City Charter to hold regular monthly meetings and shall hold at least one meeting a month; and

WHEREAS, the Mayor and City Council of the City of Johns Creek have determined that in order to be a more effective governing body, they deem it necessary to authorize two scheduled meetings a month, and hereby strive to designate the Second and Fourth Monday of each month;

WHEREAS, all meetings of the City Council shall be public to the extent required by law and the City Clerk shall give proper notice to the public of special meetings, as required by law; and

WHEREAS, the City Code, Chapter 2, Section 2-42(a) provides the Regular Meetings shall be held pursuant to an annual meeting calendar adopted by the city council by ordinance no later than the month of December.

NOW THEREFORE BE IT HEREBY ORDAINED by the Mayor and City Council of the City of Johns Creek while in regular session on________, 2019 that the 2020 Meeting Calendar for the City of Johns Creek, which is attached hereto and incorporated herein by this reference as Exhibit “A” is hereby adopted and approved.

SO ORDAINED, this the___ day of______________, 2019.

Approved:

________________________Michael E. Bodker, Mayor

Attest: Approved as to Form:

__________________________ __________________________Joan C. Jones, City Clerk City Attorney

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EXHIBIT “A”

J A N U A R Y

S M T W T F S

1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30 31

F E B R U A R Y

S M T W T F S

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

M A R C H

S M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

29 30 31

A P R I L

S M T W T F S

1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30

M A Y

S M T W T F S

1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29 30

31

J U N E

S M T W T F S

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30

J U L Y

S M T W T F S

1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30 31

A U G U S T

S M T W T F S

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

S E P T E M B E R

S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30

O C T O B E R

S M T W T F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30 31

N O V E M B E R

S M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

29 30

D E C E M B E R

S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30 31

2020MEETING

CALENDAR2020 Council and Work Session

Meeting Calendar

WORK SESSION AT 5PM followed by COUNCIL MEETING AT 7PM

Quarterly Town Hall Meetings

Observed Holidays

1/1 New Year’s Day1/20 MLK Day2/17 Presidents Day5/25 Memorial Day7/3 4th of July9/7 Labor Day11/11 Veteran’s Day11/26-27 Thanksgiving 12/24-25 Christmas Eve/Day

2020 Fulton County School Calendar

Jan 1-3 Winter HolidayJan 20 MLK DayFeb 17 Presidents DayApril 6-10 Spring BreakMay 22 Last Day of SchoolAugust 10 First Day of SchoolSept 7 Labor DayOct 12 Columbus DayNov 23-27 ThanksgivingDec 21-Jan 4, 2021 Winter Holiday

Jewish Holiday 2020 CalendarApril 9-16 PassoverSept 19-20 Rosh HashanahSept 28 Yom KippurDecember 11-18 Hanukkah

November 14th Diwali

2020 GMA ConferencesJanuary 24 - 27 Atlanta, GAJune 26 - 30 Savannah, GA

Various Public Meeting SchedulePC 1st Tuesday of the Month 7pm* BZA 3rd Tuesday of the MonthCVB 2nd Wednesday of Month at 8:30amRPAC 3rd Wednesday of the MonthACB 3rd Thursday of the Month at 6:30pmPAB TBD

DRAFT - Revised

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CITY OF JOHNS CREEKPRIVILEGED RESOLUTION

EAGLE SCOUT LUKE EDWARD MICHAELISTROOP 2000

The City of Johns Creek congratulates Lu k e E d w ar d M i ch a e l i s o f Troop 2 0 0 0on successfully completing all the rank requirements for Eagle. Whereas Eagle Scout Michaelis has completed his community service project which included construction and installation of STEM and Weather Station boards at Medlock Bridge Elementary School; and Whereas, these two boards provide educational opportunities for younger students touse tools like a rain gauge and observe wind patterns that can be used to teach about the weather; and Whereas, the STEM board provides older students opportunities to learn about the application of simple machines such as a pulley, and an inclined plane and how these tools are used in everyday life. Whereas Eagle Scout Michaelis also participated in the Johns Creek Student Leadership Program and has volunteered on numerous community projects throughout his scouting career, he has learned many valuable life’s lessons along the way. Now, the Mayor and Council of the City of Johns Creek hereby recognize and applaud Eagle Scout Luke Edward Michaelis and wish him well in all his future endeavors.

_______________________ _____________________________ Michael E. Bodker, Mayor Council Member John Bradberry

Attest:

___________________Joan C. Jones, City Clerk

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MONTHLY M A N A G E M E N T R E P O R T

To: Honorable Mayor and City Council Members From: Ed Densmore, Acting City Manager/Police Chief Date: November 18, 2019 Subject: Monthly City Manager Report to Elected Officials – October 2019

To align with Council’s interest and effort to monitor progress on active projects, the report begins with five highlights from the month, reviews the Parks Bond, and TSPLOST initiatives and updates / upcoming milestones for capital projects (over $100K).

Five Highlighted Accomplishments 1. CROWDS GATHER AT JOHNS CREEK ARTS FESTIVAL (OCTOBER 19 & 20, 2019)

Creative works from talented artisans drew people from all across the metro region for the eighth annual Johns Creek Arts Festival. Residents and community members returned to the serene green space across from The Atlanta Athletic Club to take a look at the 130 whimsical and fun artist displays from around the country. The exhibitors shared paintings, pottery, metalwork, folk art, glass, jewelry, and yard art at what has become one of the city’s must-attend autumn events.

2. COMMUNITY PITCHES IN WITH PERSCRIPTION DISPOSALS

(October 26, 2019)

More than 246 pounds of prescription drugs were turned in at the Johns Creek Police Department & Drug Enforcement Administration’s Take Back Drugs event. The JCPD and the city truly appreciate all who participated as the event helped provide a safe, convenient, and responsible means of disposing of prescription drugs, and educated the

general public about the potential for abuse of medications.

3. 2019 FALL FAMILY FESTIVAL & COMMUNITY SAFETY

DAY EXCITEMENT (October 26, 2019)

The Fall Family Festival and Community Safety Day became a combined event and attracted hundreds of participants this year at Newtown Park. The free event featured music, games, carnival activities, arts & crafts, and food, and was highlighted by demonstrations from the Johns Creek Fire and Police departments, who performed a variety of safety exercises. including S.W.A.T. demonstrations, car seat safety checks, K-9 demonstrations, fire extinguisher demonstrations,

safety presentations, and more. 15

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4. JOHNS CREEK SYMPHONY ORCHESTRA CAPS CONCERT SERIES (October 5, 2019) The final Summer Concert Series event of the 2019 season was capped off in a home-grown and dramatically classic fashion as the Johns Creek Symphony Orchestra played their way into the hearts of hundreds of concert attendees. A perfectly pleasant evening provided the perfect backdrop for a set of classical arrangements melodies for the traditional summer concert.

5. TRUNK OR TREAK BLASTS OFF IN NEW LOCATION (October 23, 2019)

With the City Hall parking lot serving as the new location for this year’s Trunk or Treat event, attendees were able to delight in the sweet candy and costumes which were in ghoulish abundance. Kids dressed up in their best costumes and families came together for fun, treats, refreshments, and activities. Donations to the Johns Creek Public Safety Foundation were made at the event by many generous sponsors and participants.

Major Initiatives City Hall – As part of the FY2020 Budget, City Council approved initial funding for City Hall Improvements / Reverse Value Engineering. After discussion, the Council determined it most beneficial to begin with $250,000 coming from the General Fund in addition to the use of the $85,160 from the remaining City Hall fund balance. City Council also reached consensus to revisit the Improvements / Reverse Value Engineering at the end of the second quarter FY 2020 to consider funding additional improvements. The City Manager’s office will continue to monitor and deliver on the necessary improvements and adjustments to reverse the value engineering and make the building a better long-term fit for the City.

Parks Bond In November 2016 voters in Johns Creek approved issuance of a $40M bond for recreation and park improvements. After receiving top bond ratings from Moody’s and Standard and Poor’s, bonds were issued in the spring of 2017. The Parks Bond Fund (Fund 310) is utilized to distinctly manage associated funds.

Completed Projects – Fully Completed as of October 2019

o Acquisition – Quail Hollow - $8,200,000 – closing completed in summer 2017

o Newtown Park Improvement – Turf Fields - $1,218,102 – fields opened in fall 2017

o Shakerag Park Improvement – Turf Field - $786,504 – field opened in fall 2017

o Autrey Mill Improvement – Farm Museum Renovation - $93,000 – completed September 2018

o Cauley Creek Future Park – Concept Design - $57,588 – adopted September 24, 2018

o Autrey Mill – Bus Turnaround / Parking Lot - $150,000 – completed December 13, 2018

o Autrey Mill Smokehouse Relocation - $60,000 – completed February 6, 2019

o Park Place – New Bocce Ball Court – $7,600 – completed September 23, 2019

o Shakerag Park – New Tot-Lot Playground – $58,749 – completed October 15, 2019

On September 23, 2019, Council met in Work Session to discuss the Parks Bond allocation and priorities. Council was united in a desire to shift from planning to implementation. Council reviewed a preliminary 16

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reallocation presented by Mayor Bodker and Councilwoman Endres and reached consensus for a preliminary reallocation in funds. At the October 7, 2019 Work Session, Council finalized the reallocation for each of the parks. Council indicated a consensus for staff to put the Morton Road Neighborhood Park construction documents out to bid (released in October 2019) and asked staff to prepare for a discussion at a November Work Session in which Council could settle which elements or components should be included in the first phase for Cauley Creek Park and the Linear Park.

TSPLOST Implementation In November 2016 voters in Fulton County outside of the City of Atlanta approved a TSPLOST (0.75% increase in the existing sales tax) for a five-year collection period. Johns Creek is projected to receive $82 million to fund local transportation projects. The TSPLOST Fund (Fund 335) is utilized to distinctly manage associated funds. Project Status Updates TSPLOST projects go through a three-phase process and City Council provides authorization for projects to enter each of the three phases:

Construction Phase

Bell at McGinnis Ferry (extending northbound right-turn lane on Bell and adding through lanes on McGinnis

through the intersection) – City Council approved at 10/21 meeting and an estimated completion in Q4 2019.

State Bridge Road (from Camden Way to the Chattahoochee River) – City Council agreed at the 10/21 work

session and approved the item on consent at the 11/4 meeting.

Right of Way Phase

Bell Road at Medlock Bridge Road (addition of westbound dual left-turn lanes on Bell and extending southbound

left-turn on Medlock Bridge) - Anticipating the right-of-way phase to be complete by the end of Q4 2019.

Bell Road at Rogers Circle (south, single lane roundabout at intersection) – Anticipating the right-of-way phase

for the project to be complete by Q1 2020.

Barnwell at Holcomb Bridge (Intersection) – Anticipate completing acquisitions and submitting right-of-way to

GDOT for certification in Q1 2020.

Engineering/Design Phase

McGinnis Ferry Road Widening (Union Hill to Sargent) – Anticipating finalization of design and discussion with

Council regarding entering the right-of-way phase for the project in Q4 2019.

Bell at Bridge over Tributary (replace bridge) – Anticipating completion of acquisitions and arriving at final plans

by the end of Q1 2020.

Public Works staff and Council member John

Bradberry helped break ground on the Bell Rd at McGinnis Ferry Rd construction project yesterday. The TSPLOST project includes extending the northbound right-turn lane on Bell Rd. and the addition of thru lanes

on McGinnis Ferry Rd. through the intersection.

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Haynes Bridge Road Widening (from Mansell to Old Alabama) – Anticipate beginning right-of-way acquisition

and potential presentation/discussions with City Council in Q2 2020.

Jones Bridge Road Widening (from Waters to State Bridge) – Anticipating continuation of traffic study work and

potential for future project engineering and discussion with City Council by end of Q4 2019.

Medlock Bridge Road at State Bridge Road (Intersection) – Anticipating potential presentation/discussion with

City Council in Q4 2019.

Capital Projects and Other Significant Efforts In addition to those three most financially significant initiatives, the following section of the report reviews capital projects (over $100,000) and other major efforts presented by managing department. In departments operating at capacity, projects currently being delayed or relying on partners are listed below the active projects. Projects can be re-prioritized with Council consensus.

City Manager’s Office Council Chambers and Work Session Reconfiguration – Anticipating completion of reconfiguration and

enhancements to quality of video and audio and adjustments to controls by end of Q4 2019.

ERP System Transition – Anticipating review of firms and response submissions and coordinating product

demos from four shortlist vendors by Q4 2019.

Community Development Active Projects October Update Next Major Milestone

Stormwater 2019 MS4

Annual Report

Staff is working to prepare the 2019 Annual

Report

Working to collect and consolidate data.

Stormwater System

Assessment

Completed pilot study (asset data inventory)

for Bagley Creek basin. Consultants are

working to QA/QC data and will submit initial

data collection in the second week of

November.

Field crews have moved to Cauley Creek

and Level Creek. 4 Lowe and 3 Moreland

Altobelli crews have been assigned

approximately 650 structures per crew.

Solid Waste Collection

Time – Revision to

Chapter 42

Council removed this discussion item from

the Work Session in September.

Awaiting further direction.

Land Development

Regulation Updates –

Alignment with Comp

Plan

Staff is working to finalize a draft ordinance

to present to City Council.

Staff will present proposed updates at the

December 9 Work Session.

Zoning Ordinance

Updates – Revisions to

28.2

Staff presented the draft text amendment to

City Council at the Work Session on October

21, 2019. Consensus was reached on the

proposed language revision for waiting

periods and will be presented to the

Planning Commission.

Staff will present the draft text amendment

to the Planning Commission on December

3.

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Land Development

Manager Hiring Update

Completed 2nd interviews of two candidates. November 2019 – Send offer letter to

selected candidate.

Johns Creek Gateway

Marker

Voting for preference survey went live on

October 24 and will last until November 4.

November 2019 – CVB submittal of Public

Art application.

December 2019 – Public Art Board Special

Called Meeting for December 5.

Finance Active Projects October Update Next Major Milestone FY2020 City Budget October 2019 – Coordinated and

finalized budget adjustments following unanimous approval from City Council.

November 2019 – Ongoing management and implementation of FY20 Budget goals and priorities as well as end of year closeout, encumbrances, and budget amendment.

Revenues at the end of October are above expectation mainly due to the large increase in interest revenue compared to last October. Few revenues are received at this point in the fiscal year as many are on a timing delay. Licenses and permits are over the prior year during this time. The expenditures for October are 7.0% above expected spending levels. The departments that were over anticipated levels included the City Clerk and Parks & Rec. The City Clerk’s office was over due to the election and runoff election expenditures. Since these large expenditures occurred at the beginning of the fiscal year it will cause the department to trend higher throughout the year. Parks & Rec was over due to a parks maintenance invoice that was paid earlier than it was in the prior year. While not over expectation, it is worth mentioning due to the amount that Facilities is significantly under budget. Facilities is under expectation because there no longer are rent payments for city hall or the police facility and the payments for city hall are not due until later in the year. This will cause the department to trend lower until the payments are made in March and September. The capital project listing has been expanded to include the new FY20 projects. The parks bond and TSPLOST projects are listed below the department projects.

Fire Active Projects October Update Next Major Milestone Fire Station #64 Construction Documents (FD1810)

October 2019 – Fire Chief delivered presentation to City Council and project and projected costs were approved on 10/21/19 meeting.

November 2019 – Fire Dept. anticipates holding a groundbreaking ceremony at the site of the new station in mid-November and site preparation to begin thereafter.

Fire Station Refreshes (FD1944)

October 2019 – Worked with contractor on various repairs and project components.

November 2019 – Department anticipates continued work with contractor on various repairs and projects.

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Ambulance Transport Contract

July 2019 - The North Fulton Cities (Johns Creek, Roswell, Milton and Alpharetta) are actively working with AMR to negotiate the transport ambulance contract and establish acceptable performance standards.

November 2019 – Staff anticipates completion of a contract involving the four municipalities and AMR by early Q1 2020.

Police Active Projects October Update Next Major Milestone Body Worn Cameras (PD1913) & Vehicle Replacements (PD1973)

October 2019 – Vendor and Staff completed equipment installation and up-fitting of vehicles.

November 2019 – Equipment has been installed and upfitted in vehicles and body cameras are in place and in operation. Project now complete.

Public Works Active Projects October Update Next Major Milestone Abbotts Bridge / SR 120 (Jones to Parsons) Sound Abatement and Landscaping (PW1917)

October 2019 – Coordinated procurement of abatement materials and installation preparations.

November 2019 – Staff anticipates beginning sound abatement process in November with an installation planned for December.

Abbotts Bridge / SR 120 (Parsons to Medlock) (P1402X)

Staff continued to negotiate and close needed right-of-way parcels.

Staff to coordinate with GDOT for 2020 construction.

Buice Road – Speed Table Removal (PW1916)

October 2019 – Staff engaged with a new contractor on substantial completion of project.

November 2019 – Staff anticipates hosting a ribbon cutting ceremony on Thursday Nov. 14th.

Intersection Prioritization

October 2019 – Staff received Council approvals and hosted a public engagement session for Old Alabama Rd. project.

November 2019 – Staff anticipates sending out bids for two new signals on Old Alabama Rd.

Resurfacing Main Roads and Neighborhood Roads – FY2019 (PW1924 and PW1925)

October 2019 – Staff continued final work on punch list for main road and neighborhood road resurfacing project for the year.

Project Complete

Trail – Buice Road to Spruill Road (PW1914)

October 2019 – Staff engaged in preliminary right-of-way acquisition

November 2019 – Staff anticipates beginning right-of-way discussions with property owners.

Traffic Signal Replacements (Old Alabama at Preston Oaks and Jones Bridge at Taylor) (PW1839)

October 2019 – Staff worked with team to order poles and mast arms (5 month anticipated wait)

November 2019 – installation (fabrication / installation of mast arms takes approximately nine months and need to time install to minimize impact to school) with planned completion in December.

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Traffic Signal Replacements (Old Alabama at Newtown and Old Alabama at Haynes) (PW1935)

October 2019 – Staff received council approvals and reviewed submitted bids and next steps.

November 2019 – Staff anticipates construction beginning in November.

Traffic Signal System

June 2019 – Held work session discussion to review adjustments and improvements against baseline.

November 2019 – Staff anticipates sharing project processes and receiving feedback from Council on corridor segment and traffic signal optimization.

Seven Oaks Dam

September 2019 – Staff began engineering phase with a projected 6-month timeline on project.

March 2020 – Staff anticipates submitting permitting details to the state.

Barnwell Road at Jones Bridge Road

July 2019 – Staff reviewed bids and executed contracts with engineers.

December 2019 – Staff anticipates scheduling and coordinating stakeholder meetings on the project.

Barnwell Road at Barnwell Elementary

July 2019 – Staff reviewed bids and executed contracts with engineers.

December 2019 – Staff anticipates scheduling and coordinating stakeholder meetings on the project.

Barnwell Road at Rivermont Parkway

July 2019 – Staff reviewed bids and executed contracts with engineers.

December 2019 – Staff anticipates scheduling and coordinating stakeholder meetings on the project.

Projects in Public Works being delayed (awaiting precursors or Council to lift an embargo on the funds) or FY2019 initiatives that have not yet begun:

Autonomous/connected vehicles – policy/program to prepare for future technologies

Neighborhood Traffic Calming The Public Works Department also manages the City’s Traffic Calming Policy. After residents report issues with speeding in their neighborhoods, staff installs speed monitoring and detection devices to capture the traffic volume and speed data. Captured speed data is distilled into a single number – the 85th percentile speed. Of all the vehicles traveling the roadway, 85% travel at or below the 85th percentile. Per the adopted policy, if the 85th percentile speed is 11 mph higher than the posted speed additional study and analysis can be requested by the neighborhood. Results of the study are utilized to determine if traffic calming is merited.

Neighborhood 85th percentile speed

October Action November Update

Riverwood 36 mph (11 mph higher than the posted speed of 25 mph). Data met the criteria for a full study.

May 2019 – Staff held meeting with HOA to discuss traffic calming recommendations and petition to proceed.

November 2019 - Staff anticipates HOA completing the petition with 50%+1 signatures.

Concord Hall (Concord Hall Dr.)

October 2019 – Staff completed traffic study and sent letter.

Speed study data does not meet need for further action.

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Windgate (Windbrooke Way)

October 2019 – Staff completed traffic study and sent letter.

Speed study data does not meet need for further action.

Autry Mill Road September 2019 – Staff received request.

November 2019 - Staff anticipates receiving petition and review of next steps

Oxford Mill (Dartington Way)

October 2019 – Staff received request.

November 2019 - Staff anticipates receiving petition and review of next steps

Recreation and Parks Active Projects October Update Next Major Milestone New Tot-Lot Playground at Shakerag Park

October 2019 – Staff conducted a ribbon cutting ceremony for the completed playground project on October 22, 2019.

Project complete.

Wall That Heals Memorial (RP1919)

October 2019 – Staff continued to

manage construction deliverables

and schedules pertaining to

construction and landscape.

March – Based on weather and construction challenges, staff anticipates a March 2020 ribbon cutting event.

North Fulton Special Needs Program

July 2019 - The first ever North Fulton Special Needs Brochure was distributed at the Expo and we received a lot of good feedback on this resource guide.

Staff will be setting a meeting with the “Think Tank” that includes elected officials and special needs organization to provide an update. Staff anticipates the next Expo to be held sometime in late January/early February 2020.

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Page 1

MEMORANDUM To: Mayor and City Council From: Ed Densmore, Acting City Manager By: Brittany Marmol, Controller Date: November 14, 2019 Agenda: Financial Report for the Year to Date through October 31, 2019

Revenues at the end of October are above expectation mainly due to the large increase in interest revenue compared to last October. Few revenues are received at this point in the fiscal year as many are on a timing delay. Licenses and permits are over the prior year during this time.

The expenditures for October are 7.0% above expected spending levels. The departments that were over anticipated levels included the City Clerk and Parks & Rec. The City Clerk’s office was over due to the election and runoff election expenditures. Since these large expenditures occurred at the beginning of the fiscal year it will cause the department to trend higher throughout the year. Parks & Rec was over due to a parks maintenance invoice that was paid earlier than it was in the prior year. While not over expectation, it is worth mentioning due to the amount that Facilities is significantly under budget. Facilities is under expectation because there no longer are rent payments for city hall or the police facility and the payments for city hall are not due until later in the year. This will cause the department to trend lower until the payments are made in March and September.

The capital project listing has been expanded to include the new FY20 projects. The parks bond and TSPLOST projects are listed below the department projects.

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% Overall  FY 2020 FY20 FY19 YTD % Expected Over /

REVENUES Budget Budget YTD YTD Variance Change % Change Short

Property Taxes 31.2% 19,246,490   ‐                ‐                        ‐               ‐ 189.8% ‐

Sales Taxes 38.3% 23,640,000   63,839           59,753                 4,086           6.8% 0.1% 6.8%

Franchise Taxes 6.7% 4,143,565     ‐                ‐                        ‐               ‐ ‐5.9% ‐

Business Taxes 12.7% 7,840,000     748               5,670                   (4,922)         ‐86.8% ‐2.4% ‐84.4%

Licenses and Permits 3.7% 2,254,525     267,058        154,856               112,202      72.5% ‐10.9% 83.4%

Charges for Services 0.5% 289,550        41,769           38,727                 3,042           7.9% 3.1% 4.8%

Fines 1.9% 1,200,000     ‐                ‐                        ‐               ‐ 2.1% ‐

Intergovernmental 0.0% ‐                 ‐                ‐                        ‐               ‐ ‐100.0% ‐

Contributions 0.1% 33,000          ‐                2,500                   (2,500)         ‐ 0.5% ‐

Interest 1.0% 605,000        53,836           3,962                   49,874        1258.8% 18.2% 1240.6%

Miscellaneous 0.0% ‐                 505               3,828                   (3,323)         ‐86.8% ‐100.0% 13.2%

Other Financing Sources 4.0% 2,500,503     ‐                ‐                        ‐ ‐ ‐ ‐

Total Revenues** 100% 61,752,633   427,755        269,296               158,458      58.8% ‐8.1% 66.9%

**The Other Financing Sources has been removed from the total variance analysis to account

   for the use of fund balance which will not show as an actual expenditures.

City of Johns Creek

Unaudited Financials @10/31/19

GENERAL FUND 

 ‐

 50,000

 100,000

 150,000

 200,000

 250,000

 300,000

October General Fund Revenue

FY20 FY19

24

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% Overall  FY 2020 FY20 FY19 YTD % Expected Over /

EXPENDITURES Budget Budget YTD YTD Variance Change % Change Short

Council 0.5% 307,617         $19,653 28,621                      ($8,968) ‐31.3% 12.0% ‐43.4%

City Manager 1.9% 1,158,559      $117,880 89,032                      $28,848 32.4% 4.6% 27.8%

City Clerk 1.1% 699,596         $305,083 50,557                      $254,526 503.4% 78.3% 425.1%

Finance 2.4% 1,502,827      $112,797 67,194                      $45,603 67.9% 32.0% 35.8%

Legal 0.6% 400,000         ‐ ‐                                ‐ ‐ 3.4% ‐

Information Technology 3.2% 2,014,527      $310,912 249,329                    $61,583 24.7% 3.5% 21.2%

Human Resources 1.5% 924,309         $53,326 46,981                      $6,345 13.5% ‐3.3% 16.9%

Facilities 4.9% 3,049,376      $58,219 177,482                    ($119,263) ‐67.2% 123.9% ‐191.1%

Communications 1.1% 696,266         $50,385 34,927                      $15,458 44.3% 14.0% 30.2%

Court 1.2% 728,526         $50,867 36,134                      $14,733 40.8% 7.3% 33.5%

Police  19.2% 11,988,680   $875,294 822,958                    $52,336 6.4% 12.4% ‐6.0%

Fire 17.8% 11,152,408   $875,268 933,885                    ($58,617) ‐6.3% 4.0% ‐10.2%

Public Works 10.2% 6,360,040      $16,863 26,343                      ($9,480) ‐36.0% 3.2% ‐39.2%

Recreation & Parks 3.3% 2,033,023      $141,515 38,495                      $103,020 267.6% 3.8% 263.8%

Community Development 4.0% 2,477,272      $217,347 143,220                    $74,127 51.8% 10.4% 41.3%

Other Financing Uses 27.3% 17,049,837   $17,049,837 17,686,078               ‐ ‐ ‐ ‐

Unallocated 0.0% ‐ ‐ ‐

Total Expenditures** 100.2% $62,542,863 $20,255,246 $20,431,235 $460,251 16.8% 9.7% 7.0%

**The Other Financing Uses has been removed from the total variance analysis to account

     for the variance in timing for transfers.

City of Johns Creek

Unaudited Financials @ 10/31/19

GENERAL FUND

$0

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

$800,000

$900,000

$1,000,000

October General Fund Expenditures

FY20 FY19

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Department

Project 

Number Fund

Project

Description Year

 Revenue 

Budget 

 Prior

Revenues 

 YTD

Revenues 

 Funding Not 

Received 

 Expense 

Budget  

 Prior

Expenditures 

 YTD

Expenditures  Encumbrances

 Available

 Budget 

Community Development CD1844 350 Replace Code Compl Vehicle 2018 28,000           28,000              ‐                    ‐                      28,000           (26,391)           ‐                  ‐                      1,609                      

Community Development CD1901 301 Stormwater System Assessment PIII 2019 250,000         250,000            ‐                    ‐                      250,000         (185,589)         ‐                  (4,411)                 60,000                    

Community Development CD1902 301 Stormwater ‐ Stream Gauge System 2019 80,000           80,000              ‐                    ‐                      80,000           (6,988)             ‐                  ‐                      73,012                    

Community Development CD2002 301 Stormwater System Assessment 2020 853,800         ‐                    853,800            ‐                      853,800         ‐                   ‐                  ‐                      853,800                 

Facilities CH1951 302 City Hall Repairs and Maintenance 2019 20,000           20,000              ‐                    ‐                      20,000           (3,676)             ‐                  ‐                      16,324                    

Facilities CH2001 301 City Hall Improvements 2020 250,000         ‐                    250,000            ‐                      250,000         ‐                   ‐                  (16,890)               233,110                 

Facilities CH2059 350 Replace 3 CD Trucks & PW Truck 2020 160,000         ‐                    160,000            ‐                      160,000         ‐                   ‐                  ‐                      160,000                 

Fire Department FD1806 301 Truck Outfit for SCBA 2018 23,850           23,850              ‐                    ‐                      23,850           (20,444)           ‐                  ‐                      3,406                      

Fire Department FD1810 301 FS 64 Construction Documents 2018 250,000         250,000            ‐                    ‐                      250,000         (171,193)         ‐                  (77,607)               1,200                      

Fire Department FD1903 301 Fire Station #64 (Construction) 2019 2,600,000     2,600,000        ‐                    ‐                      2,600,000      ‐                   ‐                  ‐                      2,600,000              

Fire Department FD1904 301 Fuel Pump for Station #64 (Construction) 2019 19,000           19,000              ‐                    ‐                      19,000           ‐                   ‐                  ‐                      19,000                    

Fire Department FD1905 301 Rescue Lift Bag Replacements 2019 3,150             3,150                ‐                    ‐                      3,150              ‐                   ‐                  ‐                      3,150                      

Fire Department FD1906 301 Headset System for Rescue Boat 2019 10,800           10,800              ‐                    ‐                      10,800           (10,632)           ‐                  ‐                      168                         

Fire Department FD1907 301 Rapid Intervention Bags 2019 6,425             6,425                ‐                    ‐                      6,425              (5,494)             ‐                  ‐                      931                         

Fire Department FD1944 302 Fire Stations (61,62,63) Refreshes 2019 75,000           75,000              ‐                    ‐                      75,000           (34,108)           ‐                  (8,618)                 32,274                    

Fire Department FD1945 302 Fire Facility Repairs and Maintenance 2019 50,000           50,000              ‐                    ‐                      50,000           (49,927)           ‐                  ‐                      73                           

Fire Department FD1948 302 #61 HVAC Zoning (Office Area) 2019 3,792             3,792                ‐                    ‐                      3,792              ‐                   ‐                  ‐                      3,792                      

Fire Department FD1949 302 #61 and #63 Wall Cabinet Replacements 2019 4,760             4,760                ‐                    ‐                      4,760              (1,545)             ‐                  ‐                      3,215                      

Fire Department FD1950 302 #61, #62, #63 Window Blinds and Tint 2019 1,500             1,500                ‐                    ‐                      1,500              (107)                 ‐                  ‐                      1,393                      

Fire Department FD1960 303 Hoses 2019 18,000           18,000              ‐                    ‐                      18,000           (11,237)           2,510              (6,239)                 3,035                      

Fire Department FD1961 303 Small Hardware & Tools 2019 5,400             5,400                ‐                    ‐                      5,400              (4,376)             ‐                  ‐                      1,024                      

Fire Department FD1962 303 Bunker Gear and Bunker Boats 2019 16,000           16,000              ‐                    ‐                      16,000           (15,025)           ‐                  ‐                      975                         

Fire Department FD1963 303 Helmet Fronts 2019 1,300             1,300                ‐                    ‐                      1,300              (1,151)             ‐                  ‐                      149                         

Fire Department FD1964 303 Water Rescue Gear 2019 2,500             2,500                ‐                    ‐                      2,500              (1,715)             ‐                  ‐                      785                         

Fire Department FD1965 303 Swift Water Rescue Wet Suits/PDFs 2019 6,000             6,000                ‐                    ‐                      6,000              (5,971)             ‐                  ‐                      29                           

Fire Department FD1966 303 SCBA Face Pieces 2019 5,400             5,400                ‐                    ‐                      5,400              (4,281)             ‐                  ‐                      1,119                      

Fire Department FD2029 302 Fire Stations (#61, #62, #63) Refreshes 2020 50,000           ‐                    50,000              ‐                      50,000           ‐                   ‐                  ‐                      50,000                    

Fire Department FD2030 302 Fire Facility Repairs and Maintenance 2020 60,000           ‐                    60,000              ‐                      60,000           ‐                   (5,240)             ‐                      54,760                    

Fire Department FD2031 302 Reserve Study for Fire Stations 2020 15,000           ‐                    15,000              ‐                      15,000           ‐                   ‐                  ‐                      15,000                    

Fire Department FD2038 303 Automated External Defibrillators 2020 14,000           ‐                    14,000              ‐                      14,000           ‐                   ‐                  ‐                      14,000                    

Fire Department FD2039 303 Radios (Mobile, Portable & Base Station) 2020 31,000           ‐                    31,000              ‐                      31,000           ‐                   ‐                  (30,921)               79                           

Fire Department FD2040 303 Hoses 2020 3,500             ‐                    3,500                ‐                      3,500              ‐                   ‐                  ‐                      3,500                      

Fire Department FD2041 303 Small Hardware & Tools 2020 3,500             ‐                    3,500                ‐                      3,500              ‐                   ‐                  ‐                      3,500                      

Fire Department FD2042 303 Bunker Gear and Bunker Boots 2020 52,000           ‐                    52,000              ‐                      52,000           ‐                   (4,800)             ‐                      47,200                    

Fire Department FD2043 303 Helmets and Helmet Fronts 2020 700                ‐                    700                   ‐                      700                 ‐                   (578)                ‐                      122                         

Fire Department FD2044 303 Water Rescue Gear 2020 2,500             ‐                    2,500                ‐                      2,500              ‐                   ‐                  ‐                      2,500                      

Fire Department FD2045 303 Swift Water Rescue Wet Suits / PFDs 2020 6,000             ‐                    6,000                ‐                      6,000              ‐                   ‐                  ‐                      6,000                      

Fire Department FD2046 303 SCBA Face Pieces 2020 5,000             ‐                    5,000                ‐                      5,000              ‐                   ‐                  ‐                      5,000                      

Fire Department FD2047 303 Ballistic Helmets and Vests 2020 19,600           ‐                    19,600              ‐                      19,600           ‐                   ‐                  ‐                      19,600                    

Fire Department FD2048 303 Rescue Lift Bags 2020 1,650             ‐                    1,650                ‐                      1,650              ‐                   ‐                  ‐                      1,650                      

Fire Department FD2049 303 Headsets (for Fire Apparatus Operators) 2020 9,500             ‐                    9,500                ‐                      9,500              ‐                   ‐                  ‐                      9,500                      

Fire Department FD2057 350 2 Vehicles ‐ Fire 2020 89,000           ‐                    89,000              ‐                      89,000           ‐                   ‐                  (87,668)               1,332                      

Fire Department FD2058 350 Replace Eng 63 2020 1,200,000     ‐                    1,200,000        ‐                      1,200,000      ‐                   ‐                  ‐                      1,200,000              

Finance FN1802 301 New ERP System 2018 600,000         600,000            ‐                    ‐                      600,000         (62,404)           ‐                  ‐                      537,596                 

Information Technology IT1726 301 FD Mobile Software 2017 30,000           30,000              ‐                    ‐                      30,000           (14,691)           (2,938)             ‐                      12,371                    

Information Technology IT1817 301 Granicus ‐ Agenda Management 2018 10,420           10,420              ‐                    ‐                      10,420           (8,488)             ‐                  ‐                      1,932                      

Information Technology IT1819 301 Granicus ‐ Meeting Efficiency 2018 8,800             8,800                ‐                    ‐                      8,800              ‐                   ‐                  ‐                      8,800                      

Information Technology IT1821 301 Granicus ‐ Votecast 2018 6,600             6,600                ‐                    ‐                      6,600              ‐                   ‐                  ‐                      6,600                      

Information Technology IT1822 301 Granicus ‐ Boards 2018 6,000             6,000                ‐                    ‐                      6,000              ‐                   ‐                  ‐                      6,000                      

Information Technology IT1908 301 Electronic Plan Review 2019 40,000           40,000              ‐                    ‐                      40,000           ‐                   ‐                  ‐                      40,000                    

Information Technology IT1909 301 Website Content Management System 2019 20,000           20,000              ‐                    ‐                      20,000           (14,613)           ‐                  ‐                      5,388                      

Information Technology IT1967 303 Desktop Computers 2019 47,600           47,600              ‐                    ‐                      47,600           (46,464)           ‐                  ‐                      1,136                      

Information Technology IT1968 303 Desktop Printers 2019 2,000             2,000                ‐                    ‐                      2,000              (1,334)             ‐                  ‐                      666                         

Information Technology IT1969 303 In‐Car Cameras Server 2019 9,000             9,000                ‐                    ‐                      9,000              (7,764)             ‐                  (681)                    555                         

Information Technology IT1970 303 Laptop Computers 2019 18,000           18,000              ‐                    ‐                      18,000           (17,034)           ‐                  ‐                      966                         

Information Technology IT1971 303 Mobile Computing Terminals ‐ Police 2019 4,800             4,800                ‐                    ‐                      4,800              ‐                   ‐                  ‐                      4,800                      

City of Johns Creek ‐‐ FY2019 Project Financial Details

As of October 31, 2019

26

Page 27: 2019-11-4 Work Session Meeting Minutes Draft.docx 2019-11 ... · the Hazardous Waste Collection and the Family Fall Festival were all successful events. CM Broadbent congratulated

Department

Project 

Number Fund

Project

Description Year

 Revenue 

Budget 

 Prior

Revenues 

 YTD

Revenues 

 Funding Not 

Received 

 Expense 

Budget  

 Prior

Expenditures 

 YTD

Expenditures  Encumbrances

 Available

 Budget 

City of Johns Creek ‐‐ FY2019 Project Financial Details

As of October 31, 2019

Information Technology IT2050 303 Desktop Computers 2020 45,000           ‐                    45,000              ‐                      45,000           ‐                   ‐                  ‐                      45,000                    

Information Technology IT2051 303 Desktop Printers 2020 2,000             ‐                    2,000                ‐                      2,000              ‐                   ‐                  ‐                      2,000                      

Information Technology IT2052 303 Laptop Computers 2020 20,000           ‐                    20,000              ‐                      20,000           ‐                   ‐                  ‐                      20,000                    

Information Technology IT2053 303 Mobile Computing Terminals ‐ Police 2020 30,000           ‐                    30,000              ‐                      30,000           ‐                   ‐                  (28,704)               1,296                      

Information Technology IT2054 303 Network Hardware (Switches, Controllers, et 2020 20,000           ‐                    20,000              ‐                      20,000           ‐                   ‐                  ‐                      20,000                    

Information Technology IT2055 303 Servers 2020 10,000           ‐                    10,000              ‐                      10,000           ‐                   ‐                  ‐                      10,000                    

Public Works GDOT P1402X 301 Abbotts Bridge Par‐Med 2014 4,495,233     1,634,506        ‐                    2,860,727         4,495,233      (3,116,780)      ‐                  (49,317)               1,329,136              

Public Works GDOT P1412X 301 Kimball BR ‐ State BR to Jones 2014 13,661,972   13,322,837      ‐                    339,135            13,661,972    (11,228,911)    ‐                  ‐                      2,433,061              

Public Works GDOT P1603X 301 Barnwell Rd @ Holcomb Br 2016 499,471         526,991            ‐                    (27,520)             499,471         (354,866)         ‐                  (43,931)               100,674                 

Public Works GDOT P1615X 301 Abbotts Bridge Jones to Parson 2016 7,426,632     7,304,581        ‐                    122,051            7,426,632      (7,226,415)      ‐                  ‐                      200,217                 

Public Works P1618X 301 ITS4 2016 1,870,822     1,872,531        ‐                    (1,709)               1,870,822      (1,870,822)      ‐                  ‐                      (0)                            

Public Works PW1829 301 New Sidewalks 2018 500,000         500,000            ‐                    ‐                      500,000         (476,893)         ‐                  (16,432)               6,675                      

Public Works PW1830 301 Collector Road Imp 2018 500,000         500,000            ‐                    ‐                      500,000         (238,582)         ‐                  ‐                      261,418                 

Public Works PW1832 301 ITS Improvements 2018 80,000           80,000              ‐                    ‐                      80,000           (27,199)           ‐                  ‐                      52,801                    

Public Works PW1836 301 Trail Lighting Newtown Park 2018 80,000           80,000              ‐                    ‐                      80,000           (67,320)           ‐                  ‐                      12,680                    

Public Works PW1837 302 Neighborhood Resurfacing 2018 5,603,731     5,603,731        ‐                    ‐                      5,603,731      (5,603,234)      ‐                  ‐                      496                         

Public Works PW1838 302 Main Road Resurfacing 2018 1,376,883     1,376,883        ‐                    ‐                      1,376,883      (1,276,304)      ‐                  ‐                      100,579                 

Public Works PW1839 302 Replace 2 Traffic Signals 2018 500,000         500,000            ‐                    ‐                      500,000         (364,592)         ‐                  (131,111)             4,297                      

Public Works PW1841 302 Upgrade Loops to Pucks 2018 200,000         200,000            ‐                    ‐                      200,000         (92,187)           ‐                  (92,587)               15,225                    

Public Works PW1842 302 Upgrade CCTV Hardware 2018 160,000         160,000            ‐                    ‐                      160,000         (75,576)           ‐                  (81,124)               3,300                      

Public Works PW1845 350 TRV Truck 2018 80,000           80,000              ‐                    ‐                      80,000           (68,812)           ‐                  ‐                      11,188                    

Public Works PW1846 301 Abbotts Bridge Beautification 2018 103,200         103,200            ‐                    ‐                      103,200         (99,365)           ‐                  ‐                      3,835                      

Public Works PW1914 301 Sidewalk/Trail (Additions) 2019 1,000,000     1,000,000        ‐                    ‐                      1,000,000      (4,612)             ‐                  ‐                      995,388                 

Public Works PW1915 301 Intersection Improvement Study 2019 100,000         100,000            ‐                    ‐                      100,000         (61,480)           ‐                  ‐                      38,520                    

Public Works PW1916 301 Buice Road Traffic Calming (Alpharetta IGA) 2019 700,000         450,000            ‐                    250,000            700,000         (341,882)         ‐                  (347,392)             10,726                    

Public Works PW1917 301 Abbotts Bridge Sound Abatement and Landsc 2019 1,250,000     1,250,000        ‐                    ‐                      1,250,000      ‐                   (79,198)           (178,843)             991,959                 

Public Works PW1918 301 Intersection Improvement (after study) 2019 1,257,160     1,257,160        ‐                    ‐                      1,257,160      (50,483)           ‐                  (187,417)             1,019,260              

Public Works PW1924 302 Resurfacing Main Roads 2019 1,023,117     1,023,117        ‐                    ‐                      1,023,117      (929,251)         ‐                  (88,518)               5,348                      

Public Works PW1925 302 Resurfacing Neighborhood Roads 2019 1,921,550     1,921,550        ‐                    ‐                      1,921,550      (1,909,966)      ‐                  (11,581)               2                             

Public Works PW1926 302 Patching Roads 2019 525,000         525,000            ‐                    ‐                      525,000         (483,960)         ‐                  ‐                      41,040                    

Public Works PW1927 302 Pavement Markings Refreshes/Restriping 2019 100,000         100,000            ‐                    ‐                      100,000         (57,269)           (625)                ‐                      42,106                    

Public Works PW1928 302 Right‐of‐Way and Median Refreshes and Reh 2019 250,000         250,000            ‐                    ‐                      250,000         (37,411)           (1,862)             ‐                      210,727                 

Public Works PW1929 302 Right‐of‐Way Maintenance Material 2019 300,000         300,000            ‐                    ‐                      300,000         (137,165)         (2,232)             ‐                      160,603                 

Public Works PW1930 302 Sign Materials 2019 100,000         100,000            ‐                    ‐                      100,000         (89,177)           ‐                  ‐                      10,823                    

Public Works PW1932 302 Stormwater Maintenance Projects 2019 550,000         550,000            ‐                    ‐                      550,000         (88,718)           (29,661)           (3,343)                 428,279                 

Public Works PW1933 302 Drainage Rehabilitations 2019 150,000         150,000            ‐                    ‐                      150,000         (51,928)           ‐                  (4,793)                 93,280                    

Public Works PW1935 302 Traffic Signal Mast Arm Replacements 2019 500,000         500,000            ‐                    ‐                      500,000         ‐                   ‐                  (352,909)             147,091                 

Public Works PW1936 302 School Flasher System Replacement 2019 350,000         350,000            ‐                    ‐                      350,000         (256,524)         ‐                  ‐                      93,476                    

Public Works PW1938 302 Traffic Signal Materials (for Repairs) 2019 100,000         100,000            ‐                    ‐                      100,000         (53,708)           (8,617)             ‐                      37,675                    

Public Works PW1974 302 Seven Oaks Dam 2019 184,447         184,447            ‐                    ‐                      184,447         (21,013)           ‐                  (163,435)             ‐                          

Public Works PW2005 301 Buice Road Trail (Spruill to Papillion)  2020 500,000         ‐                    500,000            ‐                      500,000         ‐                   ‐                  ‐                      500,000                 

Public Works PW2006 301 Old Alabama Trail (Autry Vue to Autry Falls W 2020 400,000         ‐                    400,000            ‐                      400,000         ‐                   ‐                  ‐                      400,000                 

Public Works PW2007 301 Intersection Improvements (Barnwell) 2020 1,450,000     ‐                    1,450,000        ‐                      1,450,000      ‐                   ‐                  ‐                      1,450,000              

Public Works PW2008 301 Intersection Improvements (Prioritization Po 2020 287,840         ‐                    287,840            ‐                      287,840         ‐                   ‐                  ‐                      287,840                 

Public Works PW2009 302 Resurfacing 2020 3,000,000     ‐                    3,000,000        ‐                      3,000,000      ‐                   ‐                  ‐                      3,000,000              

Public Works PW2010 302 Roadway Patching 2020 525,000         ‐                    525,000            ‐                      525,000         ‐                   ‐                  ‐                      525,000                 

Public Works PW2011 302 Pavement Markings Refreshes / Restriping 2020 200,000         ‐                    200,000            ‐                      200,000         ‐                   ‐                  ‐                      200,000                 

Public Works PW2012 302 Road and ROW Maintenance Materials 2020 300,000         ‐                    300,000            ‐                      300,000         ‐                   ‐                  ‐                      300,000                 

Public Works PW2013 302 Sign Materials 2020 50,000           ‐                    50,000              ‐                      50,000           ‐                   ‐                  ‐                      50,000                    

Public Works PW2014 302 Concrete Repairs and Maintenance 2020 400,000         ‐                    400,000            ‐                      400,000         ‐                   ‐                  ‐                      400,000                 

Public Works PW2015 302 Stormwater Maintenance Projects 2020 300,000         ‐                    300,000            ‐                      300,000         ‐                   ‐                  ‐                      300,000                 

Public Works PW2016 302 Stormwater Repair / Drainage Rehabilitation 2020 1,500,000     ‐                    1,500,000        ‐                      1,500,000      ‐                   ‐                  ‐                      1,500,000              

Public Works PW2017 302 Traffic Signal Maintenance Materials 2020 100,000         ‐                    100,000            ‐                      100,000         ‐                   ‐                  ‐                      100,000                 

Public Works PW2018 302 Traffic Signal Detection Replacements 2020 100,000         ‐                    100,000            ‐                      100,000         ‐                   ‐                  ‐                      100,000                 

Public Works PW2019 302 Traffic Signal Cabinet Replacements 2020 250,000         ‐                    250,000            ‐                      250,000         ‐                   ‐                  ‐                      250,000                 

Public Works PW2020 302 Buice Road Bridge Replacement ‐ Engineering 2020 200,000         ‐                    200,000            ‐                      200,000         ‐                   ‐                  ‐                      200,000                 

27

Page 28: 2019-11-4 Work Session Meeting Minutes Draft.docx 2019-11 ... · the Hazardous Waste Collection and the Family Fall Festival were all successful events. CM Broadbent congratulated

Department

Project 

Number Fund

Project

Description Year

 Revenue 

Budget 

 Prior

Revenues 

 YTD

Revenues 

 Funding Not 

Received 

 Expense 

Budget  

 Prior

Expenditures 

 YTD

Expenditures  Encumbrances

 Available

 Budget 

City of Johns Creek ‐‐ FY2019 Project Financial Details

As of October 31, 2019

Public Works PW2021 302 Asset Management Plan for Traffic Signal Sys 2020 50,000           ‐                    50,000              ‐                      50,000           ‐                   ‐                  ‐                      50,000                    

Public Works PW2022 302 Asset Management Plan for Bridges, Tunnels 2020 10,000           ‐                    10,000              ‐                      10,000           ‐                   ‐                  ‐                      10,000                    

Police Department PD1910 301 Polygraph, Chair, and Components 2019 8,325             8,325                ‐                    ‐                      8,325              (7,956)             ‐                  ‐                      369                         

Police Department PD1911 301 Automated License Plate Recognition 2019 55,000           55,000              ‐                    ‐                      55,000           ‐                   ‐                  ‐                      55,000                    

Police Department PD1912 301 Drone for Accident Reconstruction 2019 8,500             8,500                ‐                    ‐                      8,500              (8,500)             ‐                  ‐                      0                             

Police Department PD1913 301 Body Worn Cameras 2019 400,000         400,000            ‐                    ‐                      400,000         (337,334)         ‐                  (62,666)               ‐                          

Police Department PD1952 303 Automated External Defibrillators 2019 9,000             9,000                ‐                    ‐                      9,000              ‐                   ‐                  (8,999)                 1                             

Police Department PD1953 303 Ballistic Shields 2019 12,000           12,000              ‐                    ‐                      12,000           (8,970)             ‐                  ‐                      3,030                      

Police Department PD1954 303 Ballistic Vests ‐ SWAT 2019 9,300             9,300                ‐                    ‐                      9,300              (4,790)             ‐                  ‐                      4,510                      

Police Department PD1955 303 Body Armor 2019 12,000           12,000              ‐                    ‐                      12,000           (725)                 ‐                  ‐                      11,275                    

Police Department PD1956 303 Gas Masks and Filters 2019 5,250             5,250                ‐                    ‐                      5,250              ‐                   ‐                  ‐                      5,250                      

Police Department PD1957 303 In‐Car Cameras Equipment 2019 39,150           39,150              ‐                    ‐                      39,150           (29,912)           ‐                  (4,735)                 4,503                      

Police Department PD1959 303 Radar Units 2019 4,000             4,000                ‐                    ‐                      4,000              (3,900)             ‐                  ‐                      100                         

Police Department PD1973 350 10 Vehicles 2019 492,000         492,000            ‐                    ‐                      492,000         (389,327)         ‐                  (90,279)               12,394                    

Police Department PD2003 301 Body Worn Cameras (Year 2) 2020 290,400         ‐                    290,400            ‐                      290,400         ‐                   ‐                  ‐                      290,400                 

Police Department PD2004 301 Vehicles for 2 new Police Officers 2020 112,000         ‐                    112,000            ‐                      112,000         ‐                   ‐                  (65,168)               46,832                    

Police Department PD2032 303 Automated External Defibrillators 2020 4,000             ‐                    4,000                ‐                      4,000              ‐                   ‐                  ‐                      4,000                      

Police Department PD2033 303 Body Armor 2020 24,000           ‐                    24,000              ‐                      24,000           ‐                   ‐                  ‐                      24,000                    

Police Department PD2034 303 Communication System ‐ SWAT 2020 4,000             ‐                    4,000                ‐                      4,000              ‐                   ‐                  ‐                      4,000                      

Police Department PD2035 303 Lasers and Radar Units 2020 8,000             ‐                    8,000                ‐                      8,000              ‐                   ‐                  ‐                      8,000                      

Police Department PD2036 303 Radios (Mobile, Portable & Base Station) 2020 20,000           ‐                    20,000              ‐                      20,000           ‐                   ‐                  (19,999)               1                             

Police Department PD2037 303 SWAT Body Armor / Ballistic Vest 2020 12,000           ‐                    12,000              ‐                      12,000           ‐                   ‐                  ‐                      12,000                    

Police Department PD2056 350 10 Vehicles ‐ PD 2020 500,000         ‐                    500,000            ‐                      500,000         ‐                   ‐                  (195,504)             304,496                 

Recreation and Parks RP1919 301 The Wall That Heals Plan 2019 2,500             2,500                ‐                    ‐                      2,500              ‐                   ‐                  ‐                      2,500                      

Recreation and Parks RP1920 301 Newtown Park ‐ Pickle Ball Courts 2019 25,000           25,000              ‐                    ‐                      25,000           (25,000)           ‐                  ‐                      ‐                          

Recreation and Parks RP1939 302 Park Maintenance Materials 2019 500,000         500,000            ‐                    ‐                      500,000         (499,999)         ‐                  ‐                      1                             

Recreation and Parks RP1941 302 Newtown Park Refresh 2019 130,000         130,000            ‐                    ‐                      130,000         (82,173)           (1,687)             ‐                      46,140                    

Recreation and Parks RP1942 302 Ocee Park Refresh 2019 120,000         120,000            ‐                    ‐                      120,000         (119,910)         ‐                  ‐                      90                           

Recreation and Parks RP1943 302 Shakerag Park Refresh 2019 100,000         100,000            ‐                    ‐                      100,000         (54,966)           (6,450)             ‐                      38,584                    

Recreation and Parks RP2023 302 Park Maintenance Materials 2020 550,000         ‐                    550,000            ‐                      550,000         ‐                   (31,840)           ‐                      518,160                 

Recreation and Parks RP2024 302 Ocee and Newtown ‐ Resurfacing  2020 290,000         ‐                    290,000            ‐                      290,000         ‐                   ‐                  ‐                      290,000                 

Recreation and Parks RP2025 302 Ocee Park ‐ Restroom Renovation  2020 65,000           ‐                    65,000              ‐                      65,000           ‐                   ‐                  ‐                      65,000                    

Recreation and Parks RP2026 302 Newtown Park ‐ Restroom Renovation  2020 65,000           ‐                    65,000              ‐                      65,000           ‐                   ‐                  (64,019)               982                         

Recreation and Parks RP2027 302 Park Refreshes  2020 250,000         ‐                    250,000            ‐                      250,000         ‐                   ‐                  ‐                      250,000                 

Recreation and Parks RP2028 302 Reserve Study for Parks 2020 100,000         ‐                    100,000            ‐                      100,000         ‐                   ‐                  ‐                      100,000                 

Department Project Totals  68,586,330   50,172,656      14,870,990      3,542,684         68,586,330    (39,068,505)    (173,217)        (2,525,842)         26,818,765            

Parks Bond PB1701 310 Acquisition ‐ Quail Hollow 2017 8,200,000     8,200,000        ‐                    ‐                      8,200,000      (8,088,032)      ‐                  ‐                      111,968                 

Parks Bond PB1702 310 Cauley Creek 2017 10,000,000   10,000,000      ‐                    ‐                      10,000,000    (181,158)         ‐                  ‐                      9,818,842              

Parks Bond PB1703 310 Newtown Park 2017 1,234,000     1,234,000        ‐                    ‐                      1,234,000      (1,152,044)      ‐                  ‐                      81,956                    

Parks Bond PB1704 310 Morton Rd Park 2017 2,000,000     2,000,000        ‐                    ‐                      2,000,000      (154,444)         ‐                  (3,091)                 1,842,465              

Parks Bond PB1705 310 Ocee Park 2017 340,600         340,600            ‐                    ‐                      340,600         ‐                   ‐                  ‐                      340,600                 

Parks Bond PB1706 310 Shakerag Park 2017 910,000         910,000            ‐                    ‐                      910,000         (788,712)         ‐                  ‐                      121,288                 

Parks Bond PB1707 310 JC Linear Park 2017 6,646,565     6,646,565        ‐                    ‐                      6,646,565      (103,622)         ‐                  (58,515)               6,484,428              

Parks Bond PB1708 310 Autrey Mill Park 2018 1,149,500     1,149,500        ‐                    ‐                      1,149,500      (208,128)         ‐                  ‐                      941,372                 

Parks Bond PB1709 310 Rogers Bridge 2017 1,250,000     1,250,000        ‐                    ‐                      1,250,000      (10,000)           ‐                  ‐                      1,240,000              

Parks Bond PB1710 310 State Bridge Road Park 2017 1,000,000     1,000,000        ‐                    ‐                      1,000,000      (160,529)         ‐                  (21,116)               818,355                 

Parks Bond PB1711 310 Bell/Boles Park 2017 900,000         900,000            ‐                    ‐                      900,000         (73,175)           ‐                  ‐                      826,825                 

Parks Bond PB1714 310 Project Management 2017 300,000         300,000            ‐                    ‐                      300,000         (308,472)         ‐                  ‐                      (8,472)                    

Department Project Totals  33,930,665   33,930,665      ‐                    ‐                      33,930,665    (11,228,314)    ‐                  (82,722)               22,619,628            

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Department

Project 

Number Fund

Project

Description Year

 Revenue 

Budget 

 Prior

Revenues 

 YTD

Revenues 

 Funding Not 

Received 

 Expense 

Budget  

 Prior

Expenditures 

 YTD

Expenditures  Encumbrances

 Available

 Budget 

City of Johns Creek ‐‐ FY2019 Project Financial Details

As of October 31, 2019

TSPLOST TS0102 335 St Bridge (Medlock to Chatt) 2017 5,500,000     5,500,000        ‐                    ‐                      5,500,000      (323,381)         (12,700)           (4,079,420)         1,084,499              

TSPLOST TS0103 335 Medlock Bridge @ State Bridge 2017 1,100,000     600,000            500,000            ‐                      1,100,000      (273,748)         ‐                  (88,348)               737,904                 

TSPLOST TS0105 335 Jones Bridge (from Waters to State Bridge) 2019 1,000,000     1,000,000        ‐                    ‐                      1,000,000      (78,767)           ‐                  (63,336)               857,897                 

TSPLOST TS0106 335 McGinnis Ferry Widening 2018 4,000,000     4,000,000        ‐                    ‐                      4,000,000      (92,039)           ‐                  ‐                      3,907,961              

TSPLOST TS0107 335 Haynes Bridge Widening 2018 2,625,000     600,000            2,025,000        ‐                      2,625,000      (105,724)         ‐                  (401,000)             2,118,276              

TSPLOST TS0108 335 Bell Rd/Boles 2017 7,010,371     1,858,616        5,151,755        ‐                      7,010,371      (555,525)         ‐                  (2,011,186)         4,443,660              

TSPLOST TS0109 335 Barnwell at Holcomb Bridge (Intersection) 2018 3,200,000     600,000            1,000,000        1,600,000         3,200,000      (48,912)           (277,500)        (18,000)               2,855,588              

TSPLOST TS0110 335 Road Tech Park 2018 75,000           75,000              ‐                    ‐                      75,000           (35,836)           ‐                  ‐                      39,164                    

TSPLOST TS0111 335 Project Management 2018 1,500,000     1,000,000        500,000            ‐                      1,500,000      (877,452)         ‐                  ‐                      622,548                 

Department Project Totals  26,010,371   15,233,616      9,176,755        1,600,000         26,010,371    (2,391,383)      (290,200)        (6,661,290)         16,667,498            

Grand Total 128,527,366 99,336,937      24,047,745      5,142,684         128,527,366  (52,688,203)    (463,417)        (9,269,854)         66,105,891            

Please note that any project with an X at the end is a reformatted project and thus the revised budget only reflects the available budget at the time of the reformatting.

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Department

Project 

Number Fund

Project

Description  Opening Balance   2020 Addition   2020 Allocations   Current Balance 

Maintenance  AC0302 302 Accrual Balance 6,602,654                 11,246,940              (8,430,000)               9,419,594                  

Equipment AC0303 303 Accrual Balance 466,102                     647,997                   (347,950)                  766,149                      

Vehicle AC0350 350 Accrual Balance 2,340,845                 1,010,860                (1,949,000)               1,402,705                  

                  9,409,601                12,905,797               (10,726,950)                  11,588,448 

Maintenance Accrual by Category Equipment Accrual by Department

Roads Resurfacing 508,764             Police 202,229                      

Sidewalks and Trails 879,136             Fire 136,653                      

Stormwater System 1,108,700          Information Technology 127,220                      

Traffic Signals 168,769             Total    466,102                      

Bridges, Tunnels and Dams 660,902            

Parks 1,443,176          Vehicle Accrual By Department

Fire Stations 841,607             Police 135,231                      

City Hall 791,600             Fire 777,178                    

Land Acquisition 200,000             Pool/PW/Parks 102,038                    

Total   6,602,654         Unassigned 1,326,398                

Total    2,340,845                

City of Johns Creek ‐‐ FY2019 Project Accrual Balances

As of October 31, 2019

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STATE OF GEORGIA Resolution 2019-11-42COUNTY OF FULTON

R2019-11-42 Resolution for Appointment to Recreation and Parks Advisory Committee Post E

A RESOLUTION TO APPOINT A MEMBER TO POST I TO SERVE ON THE RECREATION AND PARKS ADVISORY COMMITTEE FOR THE CITY OF JOHNS

CREEK, GEORGIA

WHEREAS, the City of Johns Creek is authorized by the City Charter to create Boards, Commissions and Authorities as the Mayor and City Council deem necessary; and

WHEREAS, the City created a fifteen member Recreation and Parks Advisory Committee, with staggered one year term for Posts A-H and two year terms for Posts I-O by Resolution 2018-02-05 on February 28, 2018 while in regular session; and

WHEREAS, Resolution 2018-02-05 stipulated that after the initial appointment(s), reappointed and new members shall serve a two year term; and

WHEREAS, the Council, having followed their procedure, has had the opportunity to review the nominations and make their recommendations to the Mayor, and

WHEREAS, the Mayor and Council desire to appoint a fill Post E whose term will expire February 28, 2021; and

WHEREAS, the Mayor of the City of Johns Creek is authorized to appoint a memberto Post E to the Recreation and Parks Advisory Committee subject to approval by the Council of the City of Johns Creek.

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Johns Creek while in regular session on November 18, 2019 the following citizen is hereby appointed as a member of the Recreation and Parks Advisory Committee to serve Post E with term to expire as appointed:

POST E: Cathy Barnard (term expires 2/28/2021)

Approved: Attest:

____________________________ __________________________Michael E. Bodker Joan C. Jones, City Clerk

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AGENDA REPORTTo: Honorable Mayor and City Council Members

From: Lynette Baker, Public Works Director

Date: November 18, 2019 – Council Meeting

Item: Facility Use Agreement with Autrey Mill Nature Preserve and Heritage Center

Item SummaryAs requested at the November 4, 2019 Work Session, the Facility Usage Agreement has been redlined to add telephone and internet services to those provided by the City (Section 2.1) and set the term of the agreement to one year (Section 6.0). Staff recommends approval of the Agreement.

BackgroundThe current Facility Use Agreement between the City and the Autrey Mill Nature Preserve Association (“Autrey Mill”) expires on December 31, 2019. Staff worked with the Autrey Mill throughout the summer of 2019 to review the existing agreement and discuss potential changes and updates. Ultimately, staff and Autrey Mill reached consensus the existing agreement was solid, requiring only minor adjustments except for one issue. The unresolved issue was if Autrey Mill should be allowed to request operational funding from the City as part of the annual City budgeting process.

The updated agreement and unresolved issue were brought to the Recreation and Parks Advisory in September 2019. The Recreation and Parks Advisory Committee reviewed and unanimously approved the agreement as updated and agreed Autrey Mill should be allowed to request operational funding support.

Council discussed at the October 7, 2019 Work Session. Council affirmed the minor changes agreed upon between staff and Autrey Mill. To settle the unresolved issue regarding operational support, Councilrequested details on the current revenue share with Autrey Mill, examples of operational requests that might be made, and details for potential funding through the Convention and Visitors Bureau.

UpdateStaff presented the requested material at the November 4, 2019 Work Session. Council reached consensus to update the Facility Usage Agreement to include the City will provide for phone and internet costs. The Council asked that the Agreement be limited to a one year term with a planned future discussion in April 2020. With the two adjustments, Council asked the Facility Usage Agreement be placed on the November 18, 2019 Council Meeting for consideration.

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Next StepsCouncil requested in preparation for the April 2020 discussion staff will work with Autrey Mill to review and update processes associated with volunteer and contractor coordination. Additionally, Council requested Autrey Mill review the current hours of operation for the Visitors Center. Council affirmed the value in the operation of the Visitors Center (currently staffed by Autrey Mill six days a week from 10:00 a.m. - 4:00 p.m.) but acknowledged the hours and staffing are operational decisions of Autrey Mill. The Council suggested Autrey Mill should engage the Convention and Visitors Bureau in dialogue to determine any interest in further partnership or financial support towards the regular staffing and operation of the Visitors Center as tourists are part of the clientele.

RecommendationStaff recommends approving the redlined Facility Use Agreement.

Attachment1. Facility Use Agreement (redlined to show changes requested November 4, 2019))

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FACILITIES USE AGRE E MENT

THIS AGREEMENT (the "Agreement" or "Operating Agreement") is made this day

of__________, 2019 (the 'Effective Date") by and between the City of Johns Creek, Georgia, a

municipal corporation of the State of Georgia (the "Ci ty"), and Autrey Mill Nature Preserve

Association, Inc., a private nonprofit corporation organized under the laws of the State of Georgia (the

"Association").

WITNESSETH:

WHEREAS, the City and the Association are mutually interested in and concerned with providing and

making available recreational, cultural and educational programs and facilities primarily for the use and

benefit of the citizens of the City of Johns Creek, Georgia, but also for members of the Association;

and

WHEREAS, the City owns a 46-acre public park and all buildings, structures and facilities

therein known as Autrey Mill Nature Preserve and Heritage Center located at 9770 Autrey Mill

Road, Johns Creek, Georgia (the "Property") and the Association owns the personal property as

defined in Section 4.4; and

WHEREAS, the Association's mission is to create a destination and educational resource that

inspires exploration, appreciation and preservation of the natural environment and local history

and as such the Property has become a regional attraction that bridges the past and future; and

WHEREAS, the Association desires to provide programming and to utilize the Property primarily for

the benefit of the residents of the City of Johns Creek in accordance with the terms and conditions

hereinafter set forth.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the

parties hereto agree as follows:

1.0 SCOPE OF USE

1.1 The City does hereby grant the Association a non-exclusive and transferable

license to the extent permitted by this Agreement to use the buildings, structures,

facilities and grounds of the Property for purposes that are beneficial to the

Association's mission of creating a destination and educational resource that

inspires exploration, appreciation and preservation of the natural environment and

local history including, but not limited to (a) recreational, cultural and educational

progranll1ling; (b) fundraising; and (c) third party rentals. The Association does

not possess a leasehold or usufruct interest in the Property, nor does this

Agreement grant or convey same.

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1.2 The Association shall, at its own expense, develop and produce recreational, cultural and

educational programs (the "Programming"). The scope of the Programming may include

but is not limited to, children's school and after-school programs, home school programs,

summer camp adult and senior citizen programs, cultural events, environmental education

and heritage and oral history. On or before January 1st and July 1st of each term, the

Association will provide to the City a written schedule of the Programming expected to

be offered during the upcoming six (6) months which will include dates and times,

descriptions, and fee schedules, if applicable

1.3 The Association shall give the City written notice w i t h i n 3 d a y s of any fundraising

event or third party rental on the Property. The Association shall not be charged a fee

for its use of the Protected Structures for any fundraising event or third party rental.

For the use of any other building or facility for a fundraising event or third party rental, the

Association shall be required to expend five percent (5%) of the fees earned from the

fundraising event or third party rental on the performance of certain improvements to

the Property as provided in Section 1.4 hereof. If any :fundraising event or third party

rental uses a Protected Structure and any other building or structure for which a fee

is collected, the Association shall reasonably allocate the fee between the Protected

Structure and the other building(s) or struch1re(s).

1.4 The Association shall, at a minimtm1 expend an an1otmt equal to five percent (5%) of its

Programming, fundraising and third-party rental fees collected during the prior term on

the performance of improvements on the buildings, structures, facilities and grounds of the

Property. Subject to prior written approval by the City of the improvement and any

subcontractor or third-patty used to perform the improvement, the Association may perform

or cause to be performed such improvements in full or partial substitution for the actual

expenditure of funds. The City-approved value of such donated services or goods shall

serve as an in­ kind payment for purposes of meeting the requirement minimum expenditure

required by this Section.

1.5 Upon reasonable written notice to the Association, the City has the right to cancel any

scheduled Programming, fundraising event or third-party rental when it is detem1ined

that such activity would pose an unreasonable risk of injury to the public or damage

to the buildings, structures, facilities or grounds of the Propet1y.

1.6 The City shall have the right to conduct programming and events, at its own expense,

on the Property, so long as said programming and events do not interfere with the

Association's scheduled Programming, fundraising events or third-party rentals which

have been submitted to the City in writing in accordance with Sections 1.2 and 1.3

hereof. The City may ask Association Staff to provide assistance with set-up, staffing, or

provide structured educational programs such as hikes, tours, or animal encounters. The

Association will provide the City with an estimated cost for such assistance based on

Association standard program and/or staff rates.

2.0 UTILITIES

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2.1 The City shall be responsible for all utilities, including but not limited to electricity,

water, sewer, natural gas, and solid waste collection services, telephone, and internet,

provided to the Property.

2.2 The Association shall be responsible for telephone, internet and all other

telecommunications services at the Property required for its operation and activities.

3.0 MAINTENANCE

3.1 The City shall be responsible for maintaining and making repairs to the buildings,

structures, facilities and grounds of the Property. Except to the extent necessary to

protect the public health, safety and welfare, the City shall not materially modify or alter

the historic architecture and character of a Protected Structure at any time prior to

March 8, 2025 without the written consent of the Association.

3.2 The City's additional maintenance responsibilities shall be as follows:

3.2.1 supply and clean the existing public bathroom building;

3.2.2 mow and blow the lawns;

3.2.3 blow the walkways;

3.2.4 provide pest control services;

3.2.5 collect trash and recycling from outside receptacles; and

3.2.6 provide custodial services related to use of the Property for any City

programming or event.

3.3 The Association's maintenance responsibilities shall be as follows:

3.3.1 supply and clean all bathrooms except those identified in Section 3.2.1;

3.3.2 maintain the specially planted garden areas

3.3.3 provide interior custodial services related to the Association's use of the

Property for operations; and

3.3.4 provide custodial services related to the use of the Property for any

Association Programming, fundraising or third-party event; provided, however,

that upon request the City may provide custodial services for events.

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3.4 Should the Association identify any condition on the Property which poses

(i) an imminent health or safety risk to the public or (ii) an imminent risk of

injury to a person or damage to the buildings, structures, facilities or grounds of

the Property if not repaired or maintained, the Association shall notify the City

without delay. For all other conditions on the Property requiring repair or

maintenance observed by the Association, the Association shall notify the City

within forty-eight (48) hours.

3.5 The Association shall repair at its own expense any damage to the Property

caused by the negligence or intentional act of the Association, its employees,

agents, volunteers or subcontractors.

4.0 IMPROVEMENTS

4.1 The Association shall obtain the prior written approval from the City before

making any repairs, improvements or alterations to the buildings, structures,

facilities or grounds on the Property, except as follows:

4.1.1 the cost of the repair, improvement or alteration to the buildings,

structures facilities, or grounds is $10,000 or less; and

4.1.2 the repair, improvement or alteration does not change the structure of the

building, structure, or facility; and

4.1.3 the repair, improvement or alteration does not change the slope of the

grounds more than four feet.

4.2 The Association shall obtain prior written approval from the City before any

subcontractor or third-party makes repairs, improvements or alterations to the

buildings, structures, facilities or grounds on the Property in excess of $10,000.

4.3 Repairs, improvements or alterations to the buildings, structures, facilities or

grounds on the Property to be made by the Association will be offered in full or

partial substitution for the actual expenditure of funds required by Section 1.4

hereof shall require the City's prior written approval of the (i) repair,

improvement or alteration; and (ii) the subcontractor or third-party performing the

work, regardless of cost or nature of changes.

4.4 All repairs, improvements or alterations made by the Association to the buildings,

structures, facilities or grounds on the Property, unless the parties agree otherwise

in writing, will remain upon the Property, except for Personal Property contained

therein, and will be surrendered to the City at the termination of this Agreement.

For the purposes of this Agreement, "Personal Property" shall be defined to

include, but not be limited to, the non-structural and non-permanent contents of

all of the buildings, structures and storage areas on the Property. Personal 39

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Properly shall mean all tangible and intangible goods, objects and artifacts present

on the Property as of the date of this Agreement or thereafter acquired by the

Association whether by purchase, donation or loan; provided, however, the

contents of the apartment on the first and second floors of the Visitors Center is

expressly excluded from the definition of Personal Property hereunder. By way

of example, but not of limitation, Personal Property shall include the following:

all furnishings within and around the buildings; nature and heritage collections, displays,

and exhibits -- whether or not affixed to structures; live and taxidermy animals;

books, journals, papers, and records; supplies, materials and intellectual property

used to deliver programming; objects of art, decorations, and historic collections;

computers, audio, video, telecommunications equipment, including software and

produced content; office supplies and equipment; tools, implements and equipment;

scientific equipment and instruments; merchandise for sale; personal effects of

AMNP staff and volunteers; kitchen equipment, items, and supplies; maintenance

supplies and materials. This definition of Personal Property shall not in any way limit

the rights of the Association to its intellectual property.

4.5 The Association may request that the City budget include funds for capital improvement

of the Property. All such requests must be submitted to the Finance Director no later

than July 1st to be considered for the City's upcoming fiscal year budget.

5.0 PROPERTY INSPECTION

5.1 The City or any of its agents or employees shall have the right to enter, examine.

and inspect the Property at any time during the term of this Agreement.

5.2 The City may supervise any maintenance or improvement activities undertaken by

the Association pursuant to Sections 1.4, 3.2 and 4.0 hereof.

6.0 TERM OF THE AGREEMENT.

The initial term of this Agreement shall be for one year commencing on January 1, 2020

and terminating at midnight on December 31, 2020. Thereafter, the Agreement will renew

automatically for up to four (4) additional one year terms unless either party delivers written

notice of non-renewal to the other party at least one hundred eighty (180) days prior to the

expiration of the initial term or the renewal term.

7.0 TERMINATION OF THE AGREEMENT

7.l If through any cause, the Association shall fail to fulfill in a timely and proper

manner any material obligations under this Agreement, or in the event that any

of the material provisions or stipulations of this Agreement are violated by the

Association, the City shall thereupon have the right to terminate this Agreement

by giving written notice to the Association of its intent to terminate the

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Agreement specifying the reasons for such intention to terminate the Agreement.

Unless within thirty (30) days after serving of such notice upon the Association such

violation or delay has ceased or been cured, or arrangements for correction satisfactory

t o the City have been made, this Agreement shall, upon expiration of said thirty (30)

clays, be terminated without further notice.

7.2 In the event the City or the Association determines that it is no longer in its best

interest to continue to be bound by this Agreement, the City or the Association may

terminate this Agreement by giving at least six (6) month's prior notice in writing to

the other party.

7.3 In the event the Association shall become insolvent, or the Association makes

an assignment for the benefit of creditors, or a receiver or trustee is appointed

for the Association, this Agreement shall automatically terminate. If (i) a

petition in bankruptcy or other insolvency proceeding is filed by or against the

Association, (ii) any other action is taken to declare the Association bankrupt

or to modify or reorganize the Association's debts or obligations or to appoint a

trustee, receiver or liquidator of Association or of any property of the

Association, or (iii) any proceeding is commenced or taken by any governmental

authority for the dissolution or liquidation of the Association and the Association

fails to secure a discharge thereof within thirty (30) days thereof, this Agreement

shall automatically terminate upon the occurrence thereof.

8.0 COMPLIANCE, RISK MITIGATION AND INSURANCE

8.1 The Association shall, throughout the tem1 of this Agreement, at its sole expense,

properly comply with all laws and regulations of federal, state, county and

municipal governments applicable to the Association 's use of the Property.

8.2 The Association agrees to administer its Programming and events at the Property

in a safe manner having a sufficient number of adults present to supervise all

scheduled Programming and events. The Association agrees that it will (i)

comply with the requirements for mandatory reporting of child abuse set forth in

O.C.G.A. § 19-7-5 and (ii) require its employees and volunteers to perform and

complete the training regarding such requirements prior to performing any

activities for, on behalf of, or otherwise in regard to any activity provided by the

Association.

8.3 The Association shall obtain and maintain general commercial liability insurance

in an amount of not less than $1,000,000 per person and $2,000,000 per occurrence

through an endorsed policy naming the City, its elected officials, officers, agents and

employees as additional insureds.

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8.4 As may be required by Georgia l aw, the Association shall obtain and maintain

automobile liability insurance providing the following coverage; personal injury

including death limits of $200,000 for each person and $500,000 for each

accident; property damage limits of $100,000 for each accident and $200,000 for

the aggregate of operations; vehicular li ability limits of $100,000 for any person

and $200,000 for each occurrence.

8.5 As may be required by Georgia law the Association shall obtain and maintain

statutory worker's compensation and employer's liability insurance in the

minimal amount required by applicable law for all employees and other persons.

8.6 The Association shall provide the City a certificate evidencing the insurance required

by Sections 8.3, 8.4 and/or 8.5 in a form acceptable to the Finance Director, which

shall be submitted to the Finance Director prior to commencement of activities at the

Property pursuant to this Agreement. The insurance coverage evidenced by said

certificates shall not be cancelled or materially altered, or allowed to lapse until

thirty (30) days' written notice has been received by the Finance Director, and

it shall be the Association's responsibility to see that each company providing this

coverage understands and complies with the required notice. Such p o l i c i e s shall be

primary and non­contributing with or in excess of any insurance carried by the City.

The Association shall not do any act which may make void or voidable any such policy.

8.7 The Association shall either (i) require each of its subcontractors to procure and to

maintain during the term of the subcontract public liability and property damage

and vehicle liability insurance of the type and in the same amounts as specified in

the Sections 8.3, 8.4 and 8.5 or (ii) insure the activities of any subcontractor under

its own insurance policy. The City shall obtain insurance for the buildings,

structures, facilities and grounds and shall comply with the requirements of all

policies of public liability, fire and other types of insurance at any time in force

with respect to the buildings, structures, facilities, grounds and other improvements on

the Property, which the City shall obtain as to said Property.

9.0 INDEPENDENT CONTRACTOR

The parties agree that the Association is an independent contractor, and, as such, the Association is neither a partner, agent, employee, nor principal of the City, nor is the Association a joint venture with the City.

10.0 INDEMNITY AND HOLD HARMLESS

The Association hereby covenants and agrees to indemnify and save and hold harmless the City,

its council members, officials, officers, agents and employees (the "City Parties") from any and

all claims, losses, liabilities, damages, deficiencies or costs (including without limitation,

reasonable attorney's fees and legal expenses)

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("Claims") suffered or incurred by or asserted against, such parties, whether arising in tort,

contract, strict liability or otherwise, and including without limitation, personal injury, wrongful

death or property damage arising in any way from the negligent actions or omissions or willful

misconduct of the Association, its agents, employees, officers, directors, volunteers and

subcontractors (the "Association Parties"), except to the extent such Claims arise from the

sole negligence of the City Parties. The Association does further hereby a g r e e to release

and hold harmless the City Parties from any injury (including death resulting therefrom), loss,

claim or damage sustained by the Association Parties caused by or arising out of a condition

of the Property, without regard to negligence. The language of this i n d e m n i f i c a t i o n clause

shall survive the termination of this Agreement. Nothing stated he re in shall b e deemed to

waive any defense of the City, including sovereign immunity to any such Claim.

11 .0 RECORDS, REPORTS AND AUDITS

11 .1 The Association shall maintain accounts and records, including but not limited to an

inventory of its personal property and reasonable and customary financial records

adequate to identify and account for all fees and costs pertaining to this Agreement and

such other records as may be requested by the City to assure proper accounting for all

funds, both public and private. Said records must be maintained for at least three (3)

years after termination of this Agreement unless written permission to dispose of them

earlier is granted by the City.

11.2 The Association shall submit reports to the City no later than fifteen (15) days

after the end of each calendar quarter, which shall at a minimum contain the

following information regarding Programming, fundraising events and third party

rentals conducted during the previous three (3) months:

11.2.1 the date and description of each Programming, fundraising or third party

rental event;

11.2.2 the number of participants in each Programming event;

11.2.3 the name and addresses when provided by participants in Programming or

event; if specifically requested by the City.

11.2.4 the name and address of the third-party renting any part of the Property;

11.2.5 the amount of fees collected for each Programming, fundraising or third

party rental event.

11.3 The Association's records, accounts and bookkeeping shall be reviewed at least

annually by a duly licensed and qualified Certified Public Accountant (CPA).

11.4 The City shall at all reasonable times have access to the books and records of the

Association pertaining to this Agreement.

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12.0 OWNERSHIP AND REVERSION RlGHTS.

12.1 The parties acknowledge and agree that the Association has transferred by quitclaim deed

and bill of sale to the City all of its right, title and interest in the buildings and

fixtures situated at the Property pursuant to Section 2.1 of the Operating Agreement

Between the City of Johns Creek, Georgia and the Autrey Mill Nature Preserve

Association, Inc. dated March 8, 2010.

12.2 The parties acknowledge and agree that the deed and bill of sale referenced in

Section 12.1 hereof contains the following provisions:

12.2.1 As to the Green's Store, the Delco-Remy Building, the Warsaw Church,

the Log Cabin Stage, the Tenant House, the Native American Tipi, , and

the Summerour House, (collectively, the "Protected Structures"), the

City shall not, without the written consent of the Association, materially

modify or alter the historic architecture and character of the Protected

Structures prior to March 8 , 2025, except to the extent necessary to

protect the public health, safety and welfare. In particular and without

limitation, the decorative art present in the Summerour House as of the

date hereof shall not be altered or defaced.

12.2.2 If prior to March 8 2025, this Operating Agreement expires, IS

terminated or not renewed for any reason, or the City causes an

unpermitted modification or alteration of a Protected Structure, the

Association may, within ninety (90) days thereafter, exercise a right of

reversion (the "Reversion Right") by giving written notice to the City, at

which time ownership of the Protected Structures will automatically revert

to the Association.

12.3 If the Association exercises the Reversion Right, it shall pay to the City an

amount equal to all documented public funds expended by the City to

improve or structurally repair the Protected Structures, including any funds

granted by the City to the Association to provide such improvements or

structural repairs.

12.4 The Association may not remove the Protected Structures unless it has perfom1ed or

undertaken all other appropriate obligations conditions or measures to legally

transfer the ownership of such buildings to the Association pursuant to any grant

agreement entered into with any state or federal agency, the full performance

of which shall be certified under oath by the Association and confirmed in

writing by the applicable state or federal agency.

12.5 The form and execution of such certification, as well as the written confirmation

provided by the state or federal agency, shall be subject to the City's approval,

which shall not be unreasonably withheld, delayed or conditioned. In the event

the transfer of any of the Protected Structures is prohibited by a grant agreement or any

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would impose a substantial obligation on the City pursuant to any conditions required by

the state or federal agency, the Reversion Right will be deemed waived as to that

Protected Structure.

12.6 Upon delivery of the required written confirmation from the state and federal agencies,

as applicable, the City shall cooperate with the Association and the Association shall

remove the Protected Structures from the Property within 180 days, and the condition of

the Property restored to the reasonable satisfaction of the City. If the Association

fails to remove the Protected Structures timely, the Reversion Right under this

Agreement will be deemed waived.

13.0 NOTICES AND CONTACT OFFICERS

13.1 Unless otherwise provided herein, all notices which are required to be given

hereunder shall be in writing and delivered by either (a) United States

registered or ce11ified mail , or (b) an overnight commercial package

courier/delivery service with a follow-up letter sent by United States mail;

and such notices shall be sent postage prepaid, addressed to the parties hereto at

their respective addresses set forth below. If any such notices are refused, or if

the party to whom any such notice is sent has relocated without leaving a

forwarding address, then the notice shall be deemed received on the date the

notice-receipt is returned stating that the same was refused or is

undeliverable at such address.

If to the Association: If to the City:

Autrey Mill Nature Preserve

Association, Inc.

Attention: President

9770 Autrey Mill Road

J ohns Creek, GA 30022-7168

City of Johns Creek

Attn: City Manager

11360 Lakefield DriveJohns Creek, GA 30097

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13.2 The City Contact Officer for the Association in conjunction with this Agreement

shall be the City 's Recreation and Parks Manager, and the Association Contact

Officer for the City in conjunction with the Agreement shall be the Association

Director. Should the title or individual assigned to such position change, each

pm1y agrees to give notice to the other pm1y of the new title of such position or

name of the individual assigned to such position.

14.0 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

The Association is subject to the requirements of the Georgia Security and Immigration

Compliance Act. Accordingly, the requirements of O.C.G.A. §13-10-91 and Georgia

Department of Labor Rule 300-10-1-.02 are conditions of this Agreement. Compliance

with these requirements shall be attested by the Association's execution of the Contractor

Affidavit it attached hereto as Addendum A, which shall become a part of this Agreement. In

the event the Association employs or contracts with any subcontractor(s) in connection with

the performance of the work permitted in this Agreement, the Association shall secure from

such subcontractor(s) attestation of the subcontractor's execution of the Subcontractor

Affidavit attached hereto as Addendum B, which shall also become a part of this Agreement

and also a part of the agreement between the Association and subcontractor. The

Association shall maintain records of such attestation for inspection by the City at any time. The

Association shall be required to provide copies to the City upon request. Failure to comply

with these rules will result in the termination of this Agreement, where it is subsequently

determined that there has been a violation of any provision of the Georgia Security and

Immigration Compliance Act or implementing rules and regulations.

15.0 ASSIGNMENT OF AGREEMENT

The Association shall not assign this Agreement or any part thereof without the prior written

consent of the City.

16.0 MERGER AND MODIFICATION TO AGREEMENT

This Agreement constitutes the entire arrangement between the City and the Association, superseding all prior agreements or understandings relating to any of the subject matters hereof: and there are no further written or oral agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the City and the Association's duly authorized representatives.

17.0 HEADINGS

This Agreement shall not be interpreted by reference to any of the titles or headings to the

sections or paragraphs of this Agreement, which have been inserted for convenience

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purposes only and are not deemed a part hereof.

18.0 COUNTERPARTS

This Agreement may be executed in one or more counterparts, all of which together shall be

deemed to constitute one and the same instrument.

19.0 SEVERABILITY

If any provision of this Agreement is held to be unenforceable, this Agreement will be

considered divisible and inoperative as to such provision to the extent that such

provision is unenforceable, with this Agreement to remain in full force and effect in all other

respects. If any provision of this Agreement, although unenforceable as written, may be

made enforceable by limitation thereof, then such provision will be enforceable to the

maximum extent permitted by applicable law.

20.0 EXPENSES

Except as expressly provided herein, all of the expenses of the Association (including

applicable income and other tax results and attorneys' fees) in connection with the

preparation, execution and consummation of this Agreement, and with the transactions

contemplated herein, shall be paid by the Association; and all of the City's expenses in such

connection shall be paid by the City.

21.0 PRESUMPTIONS AND INTERPRETATION

The parties further agree that should any provision of this Agreement require interpretation or construction, the court, administrative body or other entity interpreting or construing this Agreement shall not apply a presumption that the provisions hereof shall be more strictly construed

against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agents prepared the same, it being agreed that all parties and/or their respective attorneys and agents have fully participated in preparation of all provisions of this Agreement.

22.0 SURVIVAL OF CERTAIN PROVISIONS

The obligations and rights created in Sections 11 .0 of this Agreement shall survive and remain

in effect beyond the term of this Agreement. Further, the obligations and rights provided in

Section 1.0 of this Agreement shall survive the term of this Agreement as provided therein.

23.0 NO WAIVER

Except as otherwise expressly provided herein, no failure or delay by any party hereto in ex ercising any right, power, remedy or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise t hereof preclude any other or further exercise thereof or the exercise of any right, remedy, power, or privilege.

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24.0 GOVERNING LAW

The pena1ties further agree that all matters pertaining to the validity, construction, interpretation, or effect of this Agreement shall be governed by the Laws of the State of Georgia.

25.0 VENUE AND JURISDICTION

Any legal actions instituted by a party hereto shall be brought in the state court(s) located in Fulton County, Georgia, and the parties consent to the venue therein and the jurisdiction of those courts over the parties m1d the subject matter, and waive any defenses with respect to venue and jurisdiction.

[SIGNATURES ARE ON THE NEXT PAGE]

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IN WITNESS WHEREOF, the parties have set their hands and seals.

AUTREY MILL NATURE

PRESERVE ASSOC IATI ON, INC.

_____________________________________

Pam Sutton, President

Sworn to and subscribed before me

t hi s ___ of _______ 20___..

_______________________________

NOTARY PUBLIC

My commission expires:

CITY OF JOHNS CREEK, GEORGIA

___________________________________

Michael E. Bodker, Mayor

ATTEST:

_______________________________

Joan C. Jones, City Clerk

Page 13 of 15

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ADDENDUM A

CONTRACTOR'S AFFIDAVIT

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

AUTREY MILL FACILITIES USE AGREEMENT

1. Contractor verifies that Contractor has complied with the Georgia Security and Immigration

Compliance Act by registering at https://www/vis­dhs.com/EmployerRegistration and

verifying information of all new employees; and by executing any affidavits required by

the rules and regulations issued by the Georgia Department of Labor set forth at Rule

300-10-1-.01 et seq.

2. Contractor warrants that if it contracts with any subcontractor(s) to physically perform

services in connection with the Autrey Mill Facilities Use Agreement, the Contractor will

secure from such subcontractor(s) similar verification of compliance with the Georgia

Security and Immigration Compliance Act and rules and regulations issued by the

Georgia Department of Labor set forth at Rule 300-10-1-.01 et seq.

By: ---------------------------------

Date: ----------------------

Authorized Agent

Address:

----------------------- E-Verify No.:

Sworn to and subscribed before me on

this day of , 201

NOTARY PUBLIC

My commission expires:

---------------

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ADDENDUM B

SUBCONTRACTOR'S AFFIDAVIT

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

AUTREY MILL FACILITIES USE AGREEMENT

1. The subcontractor states that it is engaged in the performance of physical services under a

subcontract with Autrey Mill Nature Preserve Association, Inc. which has contracted to perform

the Autrey Mill Facilities Use Agreement.

2. The subcontractor verifies that the subcontractor has complied with the Georgia Security

and Immigration Compliance Act by registering at https://www/vis­

dhs.com/EmployerRegistration and verifying information of all new employees; and by

executing any affidavits required by the rules and regulations issued by the Georgia

Department of Labor set forth at Rule 300-10-1-.01 et seq .

By: Date:

Authorized Agent

Address: E-Verify No.: __

Sworn to and subscribed before me on

this _ day of , 20_

NOTARY PUBLIC

My commission expires: _

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AGENDA REPORT

To: Honorable Mayor and City Council Members

From: Chris Haggard, Assistant Public Works Director

Agenda: November 4, 2019 - Work Session

Item: Approval of the Intergovernmental Agreements and a Right of Entry Agreement for the Rogers Bridge Project

__________________________________________________________________________________

Item SummaryIn order to enter the construction phase for the Rogers Bridge project, three agreements need to be executed between the parties related to accepting grant funding for construction, right-of-entry for construction, and ownership and maintenance of the bridge to be constructed. Of the three agreements, the construction funding one requires a match (in the amount of $350,000) which has been previously set aside by Council in the Parks Bond fund (project PB1709).

BackgroundSince 2015, the City of Johns Creek, City of Duluth, Fulton County, Gwinnett County, and National Park Service have been working together to reconstruct Rogers Bridge. The project has been discussed with the City Council at each stage in the project’s lifecycle.

On August 19, 2019 council approved a Memorandum of Agreement with Federal Highway Administration (FHWA) to provide the required mitigation for the removal and replacement of the existing bridge. Measures include preparing a Permanent Archival Record (PAR) of the bridge and preparation and installation of an interpretive panel of the history and significance of the bridge on site.

UpdateIn order to enter the construction phase for the Rogers Bridge project, three agreements need to be executed between the parties related to accepting grant funding for construction, right-of-entry for construction, and ownership and maintenance of the bridge to be constructed.

1. Construction Funding IGA with the City of Duluth, Fulton County and Gwinnett CountyThe IGA between the City of Johns Creek, the City of Duluth, Fulton County and Gwinnett County outlinesthe funding requirements for each party. First, the construction funding IGA establishes that the City of Duluth will formally accept awarded grant funding from the Atlanta Regional Commission (ARC) and the Georgia Department of Transportation (GDOT) to cover eighty percent of the estimated construction costs for the Rogers Bridge Project. Secondly, the construction funding IGA establishes that the four project partners will each contribute $350,000 to meet the required match to the grant funding.

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2. Right of Entry Agreement with the City of DuluthThe right of entry agreement formally establishes the area needed for stage construction of the new Rogers Bridge during the project on the City of Johns Creek property. The included exhibit outlines the proposed area within the Cauley Creek Park to be used and the agreement grants permission to Duluth to access,enter, and utilize the specific designated area for construction staging. A similar sized staging area will be fenced off on the City of Duluth Park property to allow bridge construction to occur on each side of the Chattahoochee River.

3. Ownership and Maintenance IGA with the City of DuluthThe ownership and maintenance IGA outlines the future ownership and maintenance of the new Rogers Bridge upon completion of the project. The IGA outlines the City of Duluth as the owner and Johns Creek as an authorized user of the bridge in perpetuity. It also outlines the estimated maintenance costs and requirements for the bridge at approximately $3,000/year.

RecommendationStaff recommends approval of the three attached agreements.

Financial ImpactOf the three agreements, the construction IGA has an upfront, direct financial impact. The construction IGA requires each of the four partners to contribute $350,000 to meet the required $1,400,000 local match for the $4,475,000 in federal funds awarded by ARC. Council has previously budgeted $1,250,000 (project PB1709)for this project. Previously, Council has authorized expenditure of $10,000 of the funding to meet a separate match requirement. In Council’s September and October discussions of Parks Bond reallocation and reprioritization, Council reached consensus to retain a project allocation of $360,000 to recognize both the $10,000 expended and the $350,000 needed for required match for the construction IGA.

The estimated $3,000 a year for maintenance costs will need to be budgeted as part of future operating budgets.

Alternatives Choose alternative funding options for local match Choose not to proceed as a partner in the project

Attachments:(1) Construction IGA(2) Right of Entry Agreement(3) Ownership and Maintenance IGA(4) Concept Drawing

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INTERGOVERNMENTAL AGREEMENT

This INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into as of the ___day of __________, 2019, by and between the CITY OF DULUTH, GEORGIA, a municipal corporation in the State of Georgia (“DULUTH”), the CITY OF JOHNS CREEK, GEORGIA, a municipal corporation in the State of Georgia (“JOHNS CREEK”), FULTON COUNTY, a political subdivision of the State of Georgia (“FULTON”), and GWINNETT COUNTY, a political subdivision of the State of Georgia (“GWINNETT”).

W I T N E S S E T H:

WHEREAS, DULUTH and JOHNS CREEK are duly chartered municipal corporations authorized by law to enter into intergovernmental agreements; and WHEREAS, FULTON COUNTY and GWINNETT COUNTY are political subdivisions of the state authorized by law to enter into intergovernmental agreements; and WHEREAS, DULUTH, JOHNS CREEK, FULTON and GWINNETT each have an interest in replacing Rogers Bridge for the purpose of providing a public walking trail over the Chattahoochee River; and

WHEREAS, a replacement project at Rogers Bridge will replace a historic bridge originally constructed around 1900 to the benefit of DULUTH, JOHNS CREEK, FULTON and GWINNETT; and WHEREAS, The Rogers Bridge Replacement Project will provide a benefit to residents and visitors of all parties to this agreement by allowing for connections to current and future recreational amenities; and WHEREAS, the parties wish to work cooperatively to move towards replacement of Rogers Bridge; and

WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia authorizes Intergovernmental Agreements between government entities for up to fifty (50) years for the provision of services or uses of property not otherwise prohibited by law.

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DULUTH, JOHNS CREEK, FULTON and GWINNETT do hereby agree as follows:

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AGREEMENT

Section 1 Purpose

The purpose of this Agreement is to allocate responsibility among the parties for the:

A. Construction of the Rogers Bridge Replacement Project.

B. Funding, installation, and administration of the Rogers Bridge Replacement Project.

Section 2 Term

This Agreement shall become effective upon the date of execution by all parties and shall

continue in full force and effect until July 1, 2025. After the original term of this Agreement, said Agreement shall automatically renew for three (3) one year periods unless any party provides written notice to the other parties at least one hundred twenty (120) days prior to the expiration of the original term or a renewal term.

Section 3 Matching Funds

A. DULUTH, JOHNS CREEK, FULTON and GWINNETT, each individually, agree to

contribute equally to meet the matching fund requirements and any shortfall required for Project Approval by the Georgia Department of Transportation. This total match amount is estimated at THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000.00) each. This amount represents a good faith estimate based on the project scope and anticipated construction bids. Actual construction bids will not be known until they are opened, after advertisement.

B. DULUTH, JOHNS CREEK, FULTON and GWINNETT agree that the match and

shortfall contribution will be used for removal of the existing Rogers Bridge structure, construction of the replacement Rogers Bridge structure with associated approach trails, and attachment of the replacement water line system to the new bridge.

C. JOHNS CREEK, FULTON, and GWINNETT agree that their individual

contributions shall be submitted to DULUTH within 30 days of their receipt of invoice from DULUTH.

D. To limit project delays, Change Orders will be processed administratively by

DULUTH and approved by the Georgia Department of Transportation and the Federal Highway Administration. Costs incurred due to Change Orders shall be borne equally by DULUTH, JOHNS CREEK, FULTON and GWINNETT if

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3

additional State and/or Federal funding is not available to cover them. Change Orders requiring budget in excess of the original contributions from DULUTH, JOHNS CREEK, FULTON and GWINNETT will require written approval from each party.

E. At project completion, DULUTH will reconcile actual unit cost items and prorate

lump sum items, as needed, based upon actual units installed during construction of the project to determine DULUTH’s, JOHNS CREEK’s, FULTON’s and GWINNETT’s actual share of the project cost. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings or invoice JOHNS CREEK, FULTON, and GWINNETT for any project cost overruns attributable to the project as described in this agreement and based upon the advances described in Section 3A above. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings within sixty (60) days of project close out. If it is necessary for DULUTH to invoice JOHNS CREEK, FULTON, and GWINNETT for project cost overruns, JOHNS CREEK, FULTON, and GWINNETT will reimburse DULUTH within sixty (60) days of the invoice.

Section 4

Project Management/Accounting

The parties agree that DULUTH will provide all project management and financial accounting for the project. DULUTH shall report current project status and direction, at a minimum, monthly to JOHNS CREEK, FULTON and GWINNETT.

Section 5

Governing Law

This Agreement shall be deemed to have been made and shall be construed and enforced in accordance with the Constitution and the laws of the State of Georgia.

Section 6 Entire Agreement

This Agreement expresses the entire understanding and construction agreement between

the parties hereto and supersedes any and all prior agreements, negotiations, and communications between the four parties hereto for this project. Notwithstanding the foregoing, DULUTH, JOHNS CREEK, FULTON and GWINNETT agree to remain bound by the previous intergovernmental agreements to provide funding for preconstruction efforts with regard to this project.

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Section 7 Severability

The invalidity of any one or more phrases, sentences, clauses or sections contained in this

Agreement shall not affect the remaining portions of this Agreement or any part thereof.

Section 8 Amendments or Modifications

No waiver, amendment, release, or modification of this Agreement shall be effective

unless made in writing and executed by all parties hereto.

Section 9 Counterparts

This Agreement may be executed in several counterparts, each of which shall be an

original, and all of which shall constitute but one and the same instrument. This Agreement sets forth the entire understanding between the Parties to this Agreement pending the execution of the Agreement, and supersedes all previous agreements and understandings between them, oral or written, and may be amended as provided for in this Agreement.

Section 10

Legal Actions

Unless otherwise specifically provided herein, nothing in this Agreement is intended to create any rights in any individual, firm, corporation, or entity not a party to this Agreement. DULUTH, JOHNS CREEK, FULTON and GWINNETT shall not indemnify or hold harmless any other party’s agents, officers, servants, or employees, past and present, in connection with this Agreement. Each party hereto shall assume and defend at its own cost, any suit, action or other proceeding brought against it arising from any actions taken by that party’s agents, officers, servants, and employees in furtherance of the projects. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project, DULUTH will request that any contractor retained or selected by DULUTH to provide services related to the project contemplated in this Agreement, indemnify and hold harmless DULUTH, JOHNS CREEK, FULTON, and GWINNETT as well as their commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage. Any contractor retained by DULUTH if requested, may be required to assume and defend at the contractor’s own expense, any suit, action or other legal proceedings arising there from in which DULUTH, JOHNS CREEK, FULTON, and GWINNETT, and/or their commissioners, officers, officials, employees, and agents, are named as a party, and the contractor may be required to satisfy, pay, and cause to be discharged of record any judgment

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which may be rendered against DULUTH, JOHNS CREEK, FULTON, and GWINNETT or their commissioners, officers, officials, employees, and agents, arising there from. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project DULUTH will ensure that the provisions of this Article are included in all contracts and subcontracts relating to the construction of this project.

Section 11 Insurance

Prior to beginning work, DULUTH shall cause its contractors to obtain and furnish certificates of insurance in which DULUTH, JOHNS CREEK, FULTON, and GWINNETT are named as an “Additional Insured.” Minimum coverage amounts will be based on FHWA and/or GDOT requirements. If FHWA and/or GDOT do not provide minimum requirements for the construction contract for this project, the following minimum amounts of insurance will be required prior to the undertaking of any of the activities contemplated under this Agreement, as applicable:

i. Workers’ Compensation & Employer’s Liability Insurance. Workers’ Compensation Insurance in compliance with the applicable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer’s Liability Insurance, with limits of liability of not less than $1,000,000 per accident for bodily injury or disease.

ii. Commercial General Liability Insurance, including contractual liability insurance, products and completed operations, personal injury, bodily injury, property damage and advertising injury, and any other type of liability for which this Contract applies with limits of liability of not less than $1,000,000 each occurrence/ $2,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General Liability Insurance shall be written on an “occurrence” form. Insurance shall not contain Exclusion- Explosion, Collapse and Underground Property Damage

iii. Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. Insurance shall include all owned, non-owned and hired vehicle liability.

iv. Umbrella Insurance with limits of liability excess of Employer’s Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance in the amount of not less than $3,000,000.

v. Contractors’ Pollution Legal Liability Insurance and/or Asbestos Legal Liability Insurance applicable to the work to be performed with limits not less than $2,000,000 per occurrence or claim/ $2,000,000 policy aggregate. Insurance policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors’ Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including

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mold.

vi. Professional (Errors and Omissions) Liability Insurance- Insurance appropriate to the Contractor’s profession with limits of liability of not less than $3,000,000 per occurrence or claim / $3,000,000 policy aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the Contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services.

vii. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work contemplated under this agreement.

Insurance shall be maintained in full force and effect during the life of this Agreement and until final completion of the work contemplated under this Agreement. The scope and coverage of the insurance protection shall extend beyond the completion of the project until the expiration of any applicable statutes of limitations. DULUTH shall retain the right to satisfy any or all of its insurance obligations under this Agreement by means of a Self-Funded Plan or Program. Nothing herein shall be construed as a waiver of either party’s sovereign immunity as a governmental body, or waiver of any governmental immunities available to its officers, officials, employees or agents.

Section 12 Review of Work

Authorized representatives of JOHNS CREEK, FULTON, and GWINNETT may at all reasonable times, upon reasonable notice, review and inspect the activities and data collected under the terms of this Agreement and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps and computations prepared by or for DULUTH or its contractors.

DULUTH shall keep accurate records with regard to the activities conducted under this Agreement and submit to JOHNS CREEK, FULTON, and GWINNETT upon request, such information as is required in order to ensure compliance with this agreement.

Section 13 No Third-Party Beneficiaries.

This Agreement is entered into solely for the benefit of DULUTH, JOHNS CREEK, FULTON, and GWINNETT and no other person or entity shall be considered a third-party beneficiary by virtue of this Agreement or otherwise entitled to enforce the terms of this Agreement for any reason whatsoever.

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Section 14 Assignment; Binding Effect.

The rights and obligations of the Parties under this Agreement are personal and may not be assigned without the prior written consent of DULUTH, JOHNS CREEK, FULTON, and GWINNETT. Subject to the foregoing, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

Section 15 Notices

All notices, certificates or other communications hereunder shall be sufficiently given

and shall be deemed given when mailed by registered or certified mail, return receipt requested, postage prepaid to the parties hereto at the following addresses or such other addresses designated by such party in writing: Gwinnett County: County Administrator Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, Georgia 30046 With a copy to: County Attorney Gwinnett County Department of Law 75 Langley Drive Lawrenceville, Georgia 30046 Fulton County: County Manager Office of the County Manager 141 Pryor Street, SW 10th Floor Atlanta, Georgia 30303 With a copy to: County Attorney Office of the County Attorney 141 Pryor Street, SW 10th Floor Atlanta, Georgia 30303

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City of Johns Creek: City Manager City of Johns Creek, Georgia

11360 Lakefield Drive Johns Creek, Georgia 30097 With a copy to: Richard A. Carothers, City Attorney E. Ronald Bennett, Jr., Asst. City Attorney

Carothers & Mitchell, LLC 1809 Buford Highway Buford, Georgia 30518

City of Duluth: City Manager City of Duluth, Georgia 3167 Main Street Duluth, Georgia 30097 With a copy to: Stephen D. Pereira, City Attorney Thompson, Sweeny, Kinsinger & Pereira, P.C. P.O. Drawer 1250 Lawrenceville, Georgia 30046

IN WITNESS WHEREOF, DULUTH, JOHNS CREEK, FULTON and GWINNETT acting by and through their duly authorized agents, have caused this Agreement to be executed in multiple counterparts under seals on the date indicated herein.

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CITY OFDULUTH, GEORGIA

By: _________________________________

Print Name and Title: Nancy Harris, Mayor

Date: _______________________________

Attest: _______________________________

Print Name and Title: Teresa Lynn, City Clerk

(SEAL)

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CITY OF JOHNS CREEK, GEORGIA

By: ________________________________________

Print Name and Title: Michael E. Bodker, Mayor

Date: _______________________________________

Attest: _____________________________________

Print Name and Title: Joan C. Jones, City Clerk

(SEAL)

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FULTON COUNTY, GEORGIA

By: ________________________________________

Robert L. Pitts, Chairman Board of Commissioners

Date: _______________________________________

Attest: _____________________________________

Jesse A. Harris Clerk to the Commission

(SEAL)

APPROVED AS TO FORM ________________________________________ Office of the County Attorney

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GWINNETT COUNTY, GEORGIA

By:__________________________________ Print Name and Title: Charlotte J. Nash, Chairman

Date:________________________________

Attest:____________________________________

Print Name and Title: ________________________

(SEAL)

APPROVED AS TO FORM _________________________________________ Assistant County Attorney Gwinnett County, Georgia

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RIGHT OF ENTRY AGREEMENT WHEREAS, the City of Duluth and the City of Johns Creek are jointly funding a project to replace Rogers Bridge over the Chattahoochee River, and WHEREAS, the City of Duluth is the local sponsor of said bridge replacement project, responsible for procuring a contractor for construction, and WHEREAS, the City of Duluth and the City of Johns Creek are receiving mutual benefit from said bridge replacement project, and WHEREAS, the construction of said project will require mobilization of heavy equipment on both sides of the Chattahoochee River on property owned by both the City of Duluth and the City of Johns Creek, and WHEREAS, such mobilization will require entry onto and temporary use of lands owned by the City of Johns Creek, NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the payment of $1.00, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the City of Duluth and the City of Johns Creek do hereby agree as follows:

1. Potential contract and subcontract bidders shall be entitled to enter upon the property in the attached preliminary staging plans as shown in Exhibit “A” attached hereto and incorporated herein by reference, for the purpose of conducting due diligence during the bidding period.

2. The Contractor to whom award is made for said project is permitted access to and use of the property adjacent to the project site as shown in the attached preliminary staging plans as shown in Exhibit “A” attached hereto and incorporated herein by reference. This agreement extends to his subcontractors.

3. The parties hereto shall ensure that any contracts for work on the project shall require that the Contractor will be held responsible for any damages which may result from construction whether by his forces or those of his subcontractors.

4. The parties hereto shall ensure that any contracts for work on the project shall require that the Contractor will be required to restore those lands used during construction to their previous condition to the extent practical. Tree removal areas will not be replanted unless called for in the final construction plan.

5. The City of Duluth will not be held responsible for any damages resulting from construction activities.

6. This agreement shall become effective upon the date signed by the last party and shall remain in effect until the completion and acceptance of the said project.

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Agreed to and acknowledged by the undersigned who warrant and represent that they are fully authorized to enter into said agreement on behalf of each City. CITY OF DULUTH, GEORGIA CITY OF JOHNS CREEK, GEORGIA By: By: Title: Title: Date: Date: Witnessed: Witnessed: SEAL OF THE CITY OF DULUTH SEAL OF THE CITY OF JOHNS CREEK

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SEE S

HEET 19-0002

MATC

HLI

NE ST

A 11+25.00

CONST CL

CURVE# 1

10+00

11+00

P.C. 10+60.00

P.I. 11+19.14

STA 10+00.00

PI No. 0014160

BEGIN TRAIL

BEGIN CONSTRUCTION

STA 9+50.00

PI No. 0014160

BEGIN PROJECT

30’ R/WROGERS BRIDGE ROAD

ASPHALT DRIVE

0014160

000120

SCALE IN FEET

0 40 80

PEDESTRIAN BRIDGE

ROGERS BRIDGE AT CHATTAHOOCHEE RIVER

REVISION DATES

1/14/2019

kblack

GPLOT-V8

gplotborder-V8i-PO.tbl

0014160_19-0001.dgn

11:09:20 AM

GPLN10/23/2015

DRAWING No.CHECKED:

BACKCHECKED:

CORRECTED:

VERIFIED:

DATE:

DATE:

DATE:

DATE:

P.I. No.

CONSTRUCTION STAGING PLAN

19-

EASEMENT FOR CONSTR

EASEMENT FOR CONSTR OF SLOPES

EASEMENT FOR CONSTR OF DRIVES

CONSTRUCTION LIMITS

& MAINTENANCE OF SLOPES

C F

REQUIRED R/W LINE

PROPERTY AND EXISTING R/W LINE PL

ORANGE BARRIER FENCE

LIMIT OF ACCESS

BEGIN LIMIT OF ACCESS............BLA

END LIMIT OF ACCESS..............ELA

REQ’D R/W & LIMIT OF ACCESS

(SEE ERIT TABLE)

ESA - ENV. SENSITIVE AREA

C) OPEN ROGERS BRIDGE ROAD AND TRAIL TO TRAFFIC

B) INSTALL FINAL EROSION CONTROL BMP’S

A) CONSTRUCT TRAIL SURFACE

STAGE 3:

C) INSTALL ALL INTERMEDIATE EROSION CONTROL BMP’S

B) CONSTRUCT RETAINING WALLS AND TRAIL SUBGRADE

A) CONSTRUCT NEW BRIDGE

STAGE 2:

C) DEMO EXISTING BRIDGE AND PIERS

BARRIER FENCE (BEFORE CLEARING AND GRUBBING OPERATIONS)

B) INSTALL PERIMETER EROSION CONTROL BMP’S AND ORANGE

A) CLOSE ROGERS BRIDGE ROAD TO TRAFFIC

STAGE 1:

SEQUENCE OF OPERATIONS:

EXIST R/W

EXIST R/W

EXIST R/W

EXIST R/W

PIN #11 124004560145

DEED BOOK 50099 PAGE 412

THE UNITED STATES OF AMERICA

N/F

PIN #11 120004350701

CITY OF JOHNS CREEK

N/F

STAGIN

G AREA FO

R CONST

RUCTION O

F BRID

GE

& Engineering, Inc.

Development Planning

survey

civil sanitary transportation

EXHIBIT "A"

ACCESS AREA

68

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0014160

000220

SCALE IN FEET

0 40 80

PEDESTRIAN BRIDGE

ROGERS BRIDGE AT CHATTAHOOCHEE RIVER

SEE S

HEET 19-0001

MATC

HLI

NE ST

A 11+25.00

SEE S

HEET 19-0003

MAT

CHLI

NE ST

A 16+25.00

REVISION DATES

1/14/2019

kblack

GPLOT-V8

gplotborder-V8i-PO.tbl

0014160_19-0002.dgn

Design File and Plot Substitution information

11:09:38 AM

GPLN10/23/2015

DRAWING No.CHECKED:

BACKCHECKED:

CORRECTED:

VERIFIED:

DATE:

DATE:

DATE:

DATE:

P.I. No.

CONSTRUCTION STAGING PLAN

19-

CONST CL CONST CL

CURVE# 1

12+00

13+00

14+00

15+00

16+00

P.T. 11+75.00

P.C.50+10.00

P

P

P

P

PIN #R7243 069

DEED BOOK49961 PAGE 516

THE CITY OF DULUTH

N/F

MANHOLE WATER

GRAVEL

WV

MANHOLE WATER

MANHOLE WATER

w

WV

EASEMENT FOR CONSTR

EASEMENT FOR CONSTR OF SLOPES

EASEMENT FOR CONSTR OF DRIVES

CONSTRUCTION LIMITS

& MAINTENANCE OF SLOPES

C F

REQUIRED R/W LINE

PROPERTY AND EXISTING R/W LINE PL

ORANGE BARRIER FENCE

LIMIT OF ACCESS

BEGIN LIMIT OF ACCESS............BLA

END LIMIT OF ACCESS..............ELA

REQ’D R/W & LIMIT OF ACCESS

(SEE ERIT TABLE)

ESA - ENV. SENSITIVE AREA C) OPEN ROGERS BRIDGE ROAD AND TRAIL TO TRAFFIC

B) INSTALL FINAL EROSION CONTROL BMP’S

A) CONSTRUCT TRAIL SURFACE

STAGE 3:

C) INSTALL ALL INTERMEDIATE EROSION CONTROL BMP’S

B) CONSTRUCT RETAINING WALLS AND TRAIL SUBGRADE

A) CONSTRUCT NEW BRIDGE

STAGE 2:

C) DEMO EXISTING BRIDGE AND PIERS

BARRIER FENCE (BEFORE CLEARING AND GRUBBING OPERATIONS)

B) INSTALL PERIMETER EROSION CONTROL BMP’S AND ORANGE

A) CLOSE ROGERS BRIDGE ROAD TO TRAFFIC

STAGE 1:

SEQUENCE OF OPERATIONS:

REGARDING THE STAGING OF BRIDGE DEOMOLITION AND CONSTRUCTION

NOTE: SEE SHEETS 35-0002 & 35-0003 FOR ADDITIONAL INFORMATION

CH

ATT

AH

OOC

HEE RI

VER

OH

WM O

HW

M

50’ ST

RE

AM

BUFFE

R

50’ STRE

AM

BUFFER

PIN #11 124004560145

DEED BOOK 50099 PAGE 412

THE UNITED STATES OF AMERICA

N/F

PIN #R7246 005

DEED BOOK 35176 PAGE 79

THE CITY OF DULUTH

N/F

EXIST R/W

EXIST R/W

EXIST R/W

EXIST R/W

FULT

ON C

OU

NT

Y

GWI

NNETT C

OU

NT

Y

CIT

Y

OF J

OH

NS CREE

K LI

MITS

FULT

ON C

OU

NT

Y

GWI

NNETT C

OU

NT

Y

DUL

UT

H

CIT

Y LI

MITS

PIN #11 120004350701

CITY OF JOHNS CREEK

N/F

STAGING AREA FOR CONSTRUCTION OF BRIDGE

STAGING AREA FOR CONSTRUCTION OF BRIDGE

WV

WVWV

WV

W

& Engineering, Inc.

Development Planning

survey

civil sanitary transportation

EXHIBIT "A"

ACCESS AREA

69

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INTERGOVERNMENTAL AGREEMENT Rogers Bridge Ownership and Maintenance

This INTERGOVERNMENTAL AGREEMENT (“IGA”) is made and entered into as of the ___day of __________, 2019, by and between the CITY OF DULUTH, GEORGIA, a municipal corporation in the State of Georgia (“DULUTH”), the CITY OF JOHNS CREEK, GEORGIA, a municipal corporation in the State of Georgia (“JOHNS CREEK”)

W I T N E S S E T H: WHEREAS, DULUTH and JOHNS CREEK are duly chartered municipal corporations authorized by law to enter into intergovernmental agreements; and WHEREAS, DULUTH and JOHNS CREEK have partnered in a project of mutual benefit to replace Rogers Bridge over the Chattahoochee River; and

WHEREAS, DULUTH and JOHNS CREEK each have equal interest in maintaining Rogers Bridge for the purpose of providing a public walking trail over the Chattahoochee River; and

WHEREAS, the parties wish to work cooperatively in the maintenance of Rogers Bridge; and

WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of

Georgia authorizes Intergovernmental Agreements for up to fifty (50) years for the provision of services or uses of property not otherwise prohibit by law;

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DULUTH and JOHNS CREEK do hereby agree as follows:

Section 1 Ownership and Use

It is agreed by DULUTH and JOHNS CREEK that the owner of the new Rogers Bridge in perpetuity is DULUTH.

Both DULUTH and JOHNS CREEK will have equal rights of perpetual access for public use of the bridge as a pedestrian and bicycle facility.

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Neither DULUTH nor JOHNS CREEK will have the right to permanently close said access.

Unless agreed upon by both DULUTH and JOHNS CREEK, the bridge shall remain open to the public during normal park hours. Both DULUTH and JOHNS CREEK will post their normal park hours at or near their park entrances.

The Rogers Bridge Pedestrian Bridge is designed to handle 90 Pounds per Square Foot (PSF) loading. Neither DULUTH nor JOHNS CREEK shall program or schedule events on the bridge unless agreed upon by both DULUTH and JOHNS CREEK and the proposed event loading is approved by a Licensed Professional Engineer.

Section 2

Term

This Agreement shall become effective after the date of execution, upon the date of construction project acceptance by Federal Highway Administration (FHWA), and shall continue in full force and effect for fifty (50) years at which time it shall be subject to renewal. Ownership shall remain with DULUTH in the absence of any agreement to the contrary.

Section 3 Maintenance

Both DULUTH and JOHNS CREEK will clean and maintain the approaches located in their respective jurisdiction leading up to Rogers Bridge such that they are safe, well-manicured, and consistent with each City’s municipal codes for public spaces.

The design life of Rogers Bridge is 75 years with an expected service life of 100 or more years. Anticipated maintenance includes bi-annual inspections along with recommended repairs resulting from said inspections and pressure washing of the weathered steel every 10 years as needed.

Both DULUTH and JOHNS CREEK agree to share the cost of the maintenance of Rogers Bridge equally in an anticipated amount of $3,000.00 each, - annually. These costs will be paid by DULUTH and invoiced with supporting documentation to JOHNS CREEK once an expenditure is made. It is agreed that JOHNS CREEK will pay DULUTH within 30 days of receipt of each invoice.

Unanticipated maintenance that arises in excess of the annual anticipated maintenance cost will be shared equally between DULUTH and JOHNS CREEK. DULUTH shall give JOHNS CREEK written notice of any unanticipated maintenance work prior to beginning the work. Said notice shall include a summary of the scope of the work and estimated cost.

Repair and maintenance activities on the bridge shall take priority over the public’s right to use the bridge. During maintenance and repair activities, DULUTH will close the bridge, as needed, for the safety of the general public. Wherever possible, these activities will be scheduled

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to minimize inconveniences to the public. Both DULUTH and JOHNS CREEK will alert their respective staff, leadership, and citizens of bridge closure, as needed, and shall close off public access to their respective sides of the bridge for the anticipated duration of maintenance and repair. In the event said maintenance or repairs affect the jurisdiction of the National Parks Service (NPS), DULUTH will alert NPS accordingly.

Repair and maintenance activities for those utilities attached to the bridge will be required. Authorization for said repairs and maintenance activities, along with permission to use the right of way, will be coordinated through and approved by DULUTH. Any required utility agreements will be made between each affected utility solely with DULUTH. DULUTH will advise JOHNS CREEK of bridge closings due to utility maintenance and repair.

JOHNS CREEK grants full access rights in perpetuity to DULUTH and any associated utility or contractor of DULUTH for purposes of inspection, maintenance, and repair activities that are required within the JOHNS CREEK right of way or on JOHNS CREEK municipal property within the footprint of the bridge and its foundations.

Section 4 Security

Both DULUTH and JOHNS CREEK will have rights to two-2” conduit under the new bridge deck for current and future needs.

DULUTH will install, monitor, and maintain security cameras for the safety of its citizens through one or more of these conduits.

DULUTH grants JOHNS CREEK the right to install, monitor, and maintain security cameras on the bridge for the same purpose, as needed.

Section 5 Governing Law

This Agreement shall be deemed to have been made and shall be construed and enforced

in accordance with the Constitution and the laws of the State of Georgia.

Section 6 Entire Agreement

This Agreement expresses the entire understanding and agreement for ownership and

maintenance of Rogers Bridge between the parties hereto and supersedes any and all prior agreements, negotiations, and communications between the two parties hereto.

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Section 7 Severability

The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part thereof.

Section 8 Amendments or Modifications

No waiver, amendment, release, or modification of this Agreement shall be effective

unless made in writing and executed by all parties hereto.

Section 9 Counterparts

This Agreement may be executed in several counterparts, each of which shall be an

original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, DULUTH and JOHNS CREEK acting by and through their

duly authorized agents, have caused this Agreement to be executed in multiple counterparts under seals on the date indicated herein.

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CITY OF DULUTH, GEORGIA

By: _________________________________

Print Name and Title: Nancy Harris, Mayor

Date: _______________________________

Attest: _______________________________

Print Name and Title: Teresa Lynn, City Clerk

(SEAL)

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CITY OF JOHNS CREEK, GEORGIA

By: ________________________________________

Print Name and Title: Michael E. Bodker, Mayor

Date: _______________________________________

Attest: _____________________________________

Print Name and Title: Joan C. Jones, City Clerk

(SEAL)

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AGENDA REPORTTo: Honorable Mayor and City Council Members

From: Lynette Baker, Public Works Director

Date: November 18, 2019 – Council Meeting

Item: SR 141/Medlock Bridge at State Bridge Intersection (TSPLOST) – Interim Improvement -Authorization for Right-of-Way Phase

UpdateAt the November 4, 2019 Work Session, Public Works staff presented an update to the Medlock Bridge at State Bridge Intersection interim improvement project and discussed the public feedback received on Alternative 5, or the ¾ approach as it is also known. Overall, the business owners along Medlock Bridge and the public provided more positive feedback on Alternative 5 than any other Alternative. Staff requested $300K in FY 2020 TSPLOST budgeted funds to move forward with right-of-way acquisition.

During the work session, Council requested completion of a traffic study of the intersection incorporating the conversion of the southbound right turn lane on Medlock Bridge to a right/through lane. Public Works staff estimates that the requested traffic study and counts will cost approximately $30,000. With holidays approaching, staff recommends waiting until January of 2020 to conduct traffic counts. Staff recommends completing the right-of-way acquisition concurrently with the traffic study.

Item Summary

Staff has completed the additional community outreach requested by Council and requests authorization to begin right-of-way acquisition for the interim improvement to State Route 141 (Medlock Bridge Road) at State Bridge Road. The requested $300,000 for the right-of-way phase has been budgeted for the project within the TSPLOST Fund. The interim improvement will widen State Bridge Road (from Johns Creek High School / State Bridge Crossing Elementary School) and restripe the southbound direction along SR 141 / Medlock Bridge Road (from State Bridge to Grove Point Road). Based on prior direction from Council, no changes will be made northbound on SR 141 / Medlock Bridge Road. In addition, staff requests $30,000 to conduct new traffic counts and a traffic study at the intersection.

BackgroundSR 141/Medlock Bridge Road at State Bridge Road is the most heavily-trafficked and congested intersection in Johns Creek. As seen in the map to the right, the intersection currently has two six-lane approaches (south and east) and two four-lane approaches (north and west). Five long-term solutions were brought to Council on December 10, 2018. Although Council has not reached consensus on a long-term solution, each of the long-term solutions necessitates converting the two four-lane approaches to six lanes.

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On January 28, 2019, while allowing time for further consideration ofthe appropriate long-term solution, Council authorized engineering aninterim solution to convert the four-lane approaches to six lanes.

The engineering consultant developed three alternatives for the northern approach of Phase 1. All the alternatives widened the western approach (State Bridge Road from Johns Creek High School / State Bridge Crossing Elementary School) with addition of pavement to attain six lanes. The alternatives differed for the northern approach (SR 141 / Medlock Bridge Road from State Bridge to Grove Point Road / St. Ives Country Club Parkway). Although each alternatives would restripe the roadway within existing pavement to attain three lanes, the length of the segment widened to six lanes differed in each alternative.

A public input meeting was held on April 23, 2019 to discuss the three alternatives and gather feedback.

At the request of Councilman Bradberry, at the June 3, 2019 Work Session, staff presented an update on the project. Council’s discussion stressed the importance of limiting secondary impacts of the widening on the residential properties in the area such as the St. Ives subdivision. Council dismissed Alternatives 2 and 3 and indicated a preference to begin with Alternative 1 (which was the most moderate approach – tapering down the six-lane section approximately 465 feet prior to the entrance to St. Ives). Council discussed possibilities such as investigating the closure of access driveways to the Club Corners Carwash and Publix Shopping Center as ways to move the beginning of the taper down of the six-lane section. Council reached consensus for staff to investigate ways to begin the taper sooner, clarify underlying regulations with GDOT, and work with the community for additional input.

At the July 22, 2019 Work Session, staff reported back to Council on their progress developing Alternative 4 (which begins the taper down of the six-lane section sooner / farther from the entrance to St. Ives), clarification from GDOT regarding regulations, and results from their meeting with the St. Ives Board of Directors.

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Although the taper in Alternative 4 would begin approximately 790 feet prior to the entrance to St. Ives, Council’s concerns on the northbound side of the intersection were not mitigated. Council reached consensus for staff to work with project engineers to develop a three-quarters solution (addressing both directions on State Bridge, the southbound travel lanes on State Route 141 / Medlock Bridge but not including any changes to the northbound travel lanes). Council asked staff to conduct an additional community meeting to gather feedback comparing Alternative 1 and three-quarters of Alternative 4 which staff referred to as Alternative 5.

On August 14, 2019, a community meeting was held to gather additional input.

Many of the community members that attended the community meeting on August 14, 2019 were concerned about making any changes to Medlock Bridge Road. To gather feedback from businesses and property owners along SR 141/Medlock Bridge Road, staff reached out to those along the impacted stretch of the roadway. An overwhelming majority of the businesses and property owners held no opposition to the project given their customers and residents would not be affected in terms of access to their properties.

In addition to the community meeting and business outreach, comments were accepted through the website. Overall, the public provided more positive feedback on Alternative 5, the ¾ approach than any of the other Alternatives.

Financial ImpactsTotal right-of-way acquisition costs of $300,000 are anticipated for this project and are budgeted under TSPLOST project TS0103.

RecommendationStaff recommends authorizing the right-of-way phase for the Alternative 5 of the interim intersection improvement to the SR 141/Medlock Bridge Road at State Bridge Road Intersection. The requested $300,000 for right-of-way is already budgeted for in the TSPLOST fund, project TS0103.

Next StepsIf staff’s requests to enter the right-of-way phase and the associated funds are approved, staff will begin negotiating with impacted property owners along the project limits. The city’s right-of-way coordinators will order appraisals as necessary to assess right-of-way costs required for the project. 79

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Alternatives

1. Choose not to proceed with the recommended project.2. Choose to proceed with a previous alternative.

Attachments1. Alternative 5

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