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November 04, 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 joan.jones@johnscreekga.gov 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 October 21, 2019 Work Session Summary andCouncil Meeting Minutes 2019-10-21 Work Session Meeting Minutes_Draft.docx2019-10-21 Council Meeting Minutes _Draft.docx

F. APPROVAL OF MEETING AGENDA

G. CONSENT AGENDA

G.1. R2019-11-41 - Approval of a Proclamation recognizing Veterans Day R2019-11-41 RESO- Proclamation Veterans Day_Approved_.docPROCLAMATION Veterans Day Nov 2019.doc

G.2. ACTION ITEM - Consideration of Approval of an Intergovernmental Agreement (IGA) withFulton County for the Barnwell Road at Holcomb Bridge Road Waterline Relocation 10.21.19 - Memo - Barnwell at Holcomb IGA_Fulton County.docxFulton County IGA Draft

G.3. ACTION ITEM - Consideration of Approval of Tourism Product Development Funds to theWall that Heals, Autrey Mill Nature Preserve and Greenway Trail Studies CVB Recommendations 10.30.19 FY2020 Projects for Tourism Product Development_.pdf 1

H. PRESENTATIONS

H.1. Recognition of Veterans Day PROCLAMATION Veterans Day Nov 2019.doc

I. PUBLIC COMMENT

J. REPORTS

J.1. Johns Creek Convention and Visitors Bureau (CVB) Quarterly Update JCCVB City Council Report - November 4 2019.pdf

K. ANNOUNCEMENTS

L. OLD BUSINESS

M. NEW BUSINESS

N. OTHER BUSINESS

O. PUBLIC COMMENT

P. MAYOR'S COMMENTS

Q. EXECUTIVE SESSION

R. ADJOURNMENT

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2019-10-21 Work Session Summary-Draft Page 1 of 3

CITY OF JOHNS CREEKWORK SESSION SUMMARY

October 21, 2019 @ 5:00pm

The City of Johns Creek Mayor and Council held a Work Session on Monday, October 21, 2019at 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 and L. Zaprowski. CM Lin was absent. Mayor Bodker presided.

Pledge of Allegiance was led by Mayor Bodker.

Community Development Director Ben Song provided an overview of the Zoning OrdinanceAmendment to Section 28.2. He reviewed some reasons for withdrawal and clarified what he meant by negotiations with the applicant, using examples of open space. Mayor Bodker voiced his concerns for consistency and standards for developers taking into account each parcel of land is different. There was council discussion on gamesmanship, the lack of punitive action and the timeframe when an applicant can return to the council. In addition, council discussed zoning actions and not applying standards. Attorney Bennett outlined a substantive decision; the council decision is to allow a portion of the waiting period, allowing the applicant to come back for a rezoning. Attorney Bennett confirmed the council is the only body that can determine Denial,Withdrawal without Prejudice, and Withdrawal with Prejudice and noted the minimum waiting period is six months by state law, but council can make it stricter. Options of 6 -12-18-month timeframes were discussed, i.e., 6 months without prejudice/18 months with prejudice and/or decision. CM Zaprowski suggested 0/18/18 months to get the best development. CM Bradberry questioned if this is even necessary, as there has been no directive by courts to address this. Director Song clarified when the timeframe starts for a developer/property owner; noting anyone can ask for a withdrawal, the council can still deny the case.

In conclusion, staff was asked to bring back language reflecting 6/18/18 month timeframes to the next council meeting with a public hearing. Director Song clarified this has to go thru the Planning Commission as this is a Zoning Ordinance Amendment. Council will consider this item again after the Planning Commission has held their Public Hearing.

Barnwell Road/Holcomb Bridge Waterline Relocation, Brian O’Conner reviewed the IGA with Fulton County, noting this is a TSPLOST project and would require a budget amendment of up to $807K, the final number to be determined prior to construction. Attorney Bennett clarified a typo has been corrected and the term of the agreement is thru December 2022. The city will control the project. There was consensus to place this item on the Consent Agenda at the next Council meeting.

Council held discussion on the proposed 2020 Meeting Calendar, which needs to be adopted the first meeting of December. There was discussion on moving the July, August and Septembermeetings as well as the August town hall. CM Coughlin noted the Diwali holiday. Clerk Jones noted the timeframe between the early December 19 meeting and January meeting. Staff will make changes and bring back to the next Work Session.

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CVB Chairperson Lynda Lee Smith presented council with the CVB’s recommendation on the 2020 Tourism Production Development Funds. They are as follows:

Wall that Heals-$70K Phase 2 to finish out this project Autrey Mill Nature Preserve $56,291 for continued improvements to this facility A Second Gateway Marker $55K which would be near the Duluth entrance into Johns

Creek Remaining balance of the funds would be used for an Art Project utilizing a piece of the

Historic Rogers Bridge. (Cost TBD)

CM Bradberry asked if there were any alternatives, Chairperson explained these are the primary ones. She clarified for CM Coughlin, the CVB has been in touch with the Legacy Center committee and there is not a need at this time. The CVB will consider this next year. There was discussion on the public voting of the current art projects, and the option to provide feedback, (this is a two-week process). Mayor Bodker reviewed the process. CVB Executive Director Shelby Marzen explained the CVB has been working with the public works department on the specs and clarified these are concepts and part of the public input process. The Public Arts Board will review/consider these projects as well. Discussion was held on funding the Greenway Trail Study, the feasibility/usability of this trail and US Parks Service land. CVB is in support of the greenway; however, the CVB has not been updated on the status of this project. There was council consensus regarding the Wall that Heals and the Autrey Mill Nature Preserve allocations. Discussion was held on the Rogers Bridge piece and the possibility of adjusting these funds. CM Broadbent provided an update on the needed funds for the Wall that Heals, he would like to see this project completed before the beginning of FY2021. Chairperson Smith explained AMNP is volunteer driven, this amount is the full amount requested but she noted AMNP is willing to cut back if needed. She explained the CVB’s reason for not funding the Macedonia cemetery at this time; Mayor Bodker encouraged council to consider the steps in this complex process.

Mayor Bodker confirmed with Council and Chairperson Smith moving $55K towards the Greenway Study, the allocations for the WTH and AMNP. Continued discussion was held on the second gateway and the cost of additional markers and what came up during the public meetings. Chairperson Smith reviewed how different artists will be used (2 pieces each) depending on the direction taken and will add the opportunity for public input on this plan to the on-line voting.There was consensus to move forward with the three projects and hold off on the second gateway marker until November/December. Mayor Bodker asked Chairperson Smith if the CVB couldprovide for next year an overall/general list of what they are considering, council can provide input on the front end so when it goes back to the CVB board for discussion they will have some ideas from the city. Discussion was held on board appointment. Council had consensus to move the three Tourism Product Development Fund items (WTH, AMNP, Greenway Study) to the Consent Agenda at the next Council Meeting.

CM Zaprowski addressed his concerns regarding prioritizing the parks amenities to council. He provided an overview of his handout outlining what he thinks council needs to consider providingguidance to staff. He started with Cauley Creek and the possibility of reverse bidding to get more for the money, 5k trail and Athletic fields are must haves, RPAC may consider eliminating the

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baseball fields and collaborating with Webb Bridge Park or Wills Park. A brief discussion was held on the various options for a rectangle field, the different bidding options and what council needs to consider when determining this issue. CM Bradberry asked about having a natural surface/hard surface for the 5k trail and what is the efficient way to do this. CM Coughlin suggested leveraging the approved Parks Master Plan designs.

Discussion was held on the Chapman House, Acting City Manager Densmore provided an update on the status of this home. Council needs to provide direction on what they want done to this property, i.e., venue, demolish, etc. he noted Ms. Greer is working on bringing the parks discussion back to council. Mayor Bodker suggested staff provide options for council to consider on the Chapman House and in the meantime to stabilize this property.

CM Zaprowski reviewed the Linear Park (do we want to drain the lakes, have a 5k, build out behind City Hall and consider the Master Plan for a Town Center), Morton Road (basketball court). CM Coughlin noted council needs to consider the procurement process for Cauley Creek. CM Zaprowski asked if council wants to put the pocket parks on hold, decisions need to be made on where we are putting the monies. The procurement process will be brought back to council when staff is ready; Morton Road is in the works. Council will discuss how we are going to bid and then the order. Parks discussion will be on each Work Session. Mayor Bodker noted he will start the process to form a committee similar to the comprehensive plan for their consideration. There was no objection to start this process.

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

Approved: Attest:

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

(Seal)

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2019-10-21 Council Meeting Minutes Draft Page 1 of 6

CITY OF JOHNS CREEKCOUNCIL MEETING

October 21, 2019 at 7:00 p.m.

The City of Johns Creek Mayor and Council held a Council Meeting on Monday, October 21, 2019at 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 Lin - AbsentPost 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 629 of Mt. Pisgah.

OPENING REMARKS: Mayor Bodker thanked the scouts and asked them to introduce themselves. He recognized and welcomed former Council Member Dan McCabe and JC resident and State Treasurer Lynne Riley. Mayor Bodker thanked all who came out to enjoy the International Arts Festival, even though Saturday was a rain out, Sunday was well attended. He thanked the Atlanta Athletic Club for allowing the use of Heisman Field. Mayor Bodker provided an update on the Medlock Bridge repaving project; he invited all to attend the various upcoming events: Trunk or Treat hosted by the JCPD this Wednesday evening at City Hall; Spooky Mill at Autrey Mill Nature Preserve this Friday and Saturday and the Fall Family Festival next Saturdayat Newtown Park and the next Household Hazardous Waste Collection day will be November 2nd

from 9-1 in the Home Depot parking lot, pre-registration is required for this event atkeepnorthfultonbeautiful.org. In closing, Mayor Bodker remarked early voting has begun and urged everyone to vote. He recognized and thanked the JC Public Works Department for completing the first year of the paving plan, which was completed on schedule and under budget.

MINUTES: CM Endres motioned, seconded by CM Coughlin to approve the October 7, 2019Work Session and Council Meeting revised minutes as presented. There being no discussion, the motion carried unanimously. (ACTION ITEM)

MEETING AGENDA: CM Broadbent motioned, seconded by CM Bradberry to approve the Meeting Agenda as presented including an Executive Session. There being no discussion, the motion carried unanimously. (ACTION ITEM)

CONSENT AGENDA: CM Bradberry motioned, seconded by CM Endres to approve the Consent Agenda as presented which includes ACTION ITEM - Consideration to award the Construction Contract of $4,320,531.00 to CMES Inc. and approval of a CEI Task Order for $189, 245.00 to Moreland Altobelli for State Bridge Road/Cameron Way to the Chattahoochee River

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(TPSLOST project) and the formal acceptance of these funds. ACTION ITEM -Consideration to award the Construction Contract of $289,989.00 for the Traffic Signal Replacement Project at Old Alabama Road at Newtown Park at Haynes Bridge to the American Lighting and Signalization Company. During discussion, CM Coughlin thanked Public Works and Procurement on their efforts to save the city over $2m for their efforts. There being no further discussion, the Consent Agenda was approved unanimously. (ACTION ITEM)

PRESENTATIONS: No presentations

PUBLIC COMMENT: W. Baughman provided an update on the Legacy Center, reviewing what the Johns Creek Task Force has been working on. He explained what the Legacy Center will be able to accommodate and noted the tagline More Than a Venue highlights the comprehensive/flexibility of this center. A final report is expected by year ends by Convergent Non Profit Solutions and a capital campaign will be launched early 2020. There has been community discussion on this center becoming an anchor of a unique village or town center. He looks forward to announcing the ground breaking date. C. Madan commented she has launched awebsite, she commented on her vision to save the natural environment and encouraged developers to look for ways to assist with her goal. J. Malpani, commented on traffic improvements, only small improvements have been made, he requested council publish what has been done the past two years and what they plan to accomplish.

REPORTS: Acting City Manager Densmore reported on Patriots Day, the Rock-In Summer Concert Series, Puppalooza, the adoption of the 2020 Budget and the completed the trail at Ocee Park. Prior to CM Endres reviewing the TSPLOST/Parks Revenue, CM Broadbent requested a discussion on the additional report that was added to the City Manager’s report as the numbers have changed from what was originally distributed. CM Endres explained where the numbers came from, this is information for the residents showing revenues/expenditures that she has provided verbally before but now shared this tabular format.

CM Broadbent commented this is a staff report, and to change the format of reporting needs to be discussed in a Work Session. CM Bradberry voiced concern about providing clarity as the report changed. CM Endres commented where the information came from, nothing is new. CM Bradberry commented council is tasked with creating policy. CM Coughlin commented this is the same information that is normally provided verbally. Discussion was held on possible follow up discussion, following procedures and agenda preparation. Mayor Bodker requested of council to provide their agenda items by close of business Tuesday, Wednesday morning 9am at the latest. CM Endres thanked Chief Densmore and a staff member for reaching out to her.

Mayor Bodker provided an update on the City Manager search.

ANNOUNCEMENTS: City Clerk Jones announced the following upcoming meetings: October 24 @6pm Public Input Meeting regarding Old Alabama Road Intersection

Improvements at Newtown Senior Center November 4 5pm Work Session followed by 7pm Council Meeting November 14th @7pm Town Hall Meeting at City Hall

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Mayor Bodker announced that on line voting for concepts for gateway markers had begun, explaining the history of this project. He encouraged folks to provide input and share with their friends. CM Coughlin commented on the upcoming Diwali holiday.

OLD BUSINESS: Nothing under Old Business

NEW BUSINESS: Community Development Director Ben Song provided an overview of RZ-19-008, located at 6650 McGinnis Ferry Road for a 32320 sq.ft. shopping center with retail development. Dir. Song reviewed the history of this property and existing conditions including access to this property. He reviewed access changes proposed for this development, the impact on infrastructures, highlighting concepts and the suitability with nearby land uses. Director Song reviewed the environmental impact including underground detention, bio retention pond, stream buffers. Staff and Planning Commission both recommended approval with conditions.

CM Zaprowski asked for clarification/benefits on underground detention. Director Song reviewed how it impacts this property. Mayor Bodker opened the Public Hearing regarding RZ-19-008 for 6650 McGinnis Ferry Road.

Jim Fisher presented the applicant’s proposal, providing a brief history of the company and what they specialize in developing. The Terraces at Johns Creek will be a mixture of restaurants and retail, providing a larger greenspace for the community, the pedestrian walkway will be enhanced, and will include an outdoor patio for families to enjoy. There being no one else wishing to speak on behalf of the applicant, Mayor Bodker called for those wishing to speak in opposition of the applicant. There being none, Mayor Bodker closed the Public Hearing on RZ-19-008.

Mayor Bodker asked about exclusions not included in the recommended conditions. Director Song explained the use by right in a C-1 zoning and noted this is slightly different from the current land use map and explained why this is being considered. CM Endres voiced concern about deviating from an approved plan. Director Song explained the comprehensive plan was just one of the several criteria considered when looking at a rezoning request. Director Song reviewed the use by right list of a C-1 zoning.

Mayor Bodker called for a ten-minute recess in order to have Dir. Song provide a written list of exclusions may be considered. Mayor Bodker called the meeting back to order.

CM Broadbent motioned, seconded by CM Bradberry to approve O2019-10-27 RZ-19-008 6650 McGinnis Ferry Road with the following amended conditions:

1. Use of the property shall be limited to retail and service commercial allowable in the C-1 Zoning District, at a maximum gross floor area of 33,000 square feet, and the following uses shall be excluded: automotive specialty shops, automobile repair garages, drive-through, amusements indoor, automotive parking lots, funeral homes, group residents, laundry mats, lawn business services, repair shops not involving manufacturing on site, motels, recycling center/collecting and service stations.

2. The site shall be developed in general accordance with the site plan received by the City on August 16, 2019, subject to the approval of the Community Development Director.

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3. Exterior elevations shall be substantially similar to the elevations received by the City on July 9, 2019. Final elevations shall be subject to the review and approval of the Community Development Director, prior to issuance of a building permit.

4. Owner/Developer shall provide a cross access easement for interparcel access with theadjacent property at the corner of Johns Creek Parkway and McGinnis Ferry Road.

5. Owner/Developer shall provide sidewalks on both sides of the driveways on McGinnis Ferry Road and Johns Creek Parkway, subject to the approval of the Public Works Director.

6. Owner/Developer shall provide no more than one full-access driveway on Johns Creek Parkway and no more than one three-quarter driveway on McGinnis Ferry Road. Left turns from the site directly onto McGinnis Ferry Road shall be prohibited by installing a raised median at the driveway entrance, subject to the approval of the Public Works Director.

7. Owner/Developer shall dedicate additional right-of-way along the entire frontage of Johns Creek Parkway such that there are seventy-five feet (75’) from centerline of the road, eleven feet (11’) from the back of curb, or one foot (1’) from the existing back of sidewalk, whichever is greater, at no cost to the City of Johns Creek, prior to the issuance of a Land Disturbance Permit and as approved by the Public Works Director.

CM Endres motioned to amend the motion to include recycling/collecting center, CM Coughlin seconded the amendment. The amendment carried with CM Endres, Broadbent, Bradberry and Mayor Bodker supporting the amendment. CM Zaprowski opposed the amendment.

Mayor called for the main motion, the motion carried unanimously.

Community Development Director presented RZ-19-009, the request is a rezoning from AG-1 to R-4 for an 8 lot subdivision. He provided an overview of this property, the suitability of nearby land uses, the impact to existing uses, infrastructure impact and the intersection improvements needed. Director Song noted how this complies with the Comprehensive Plan and staff does not see any environmental issues and recommends approval. Planning Commission recommended denial 4-1.

CM Broadbent asked who would be responsible for the improvement of the intersection and it wasnoted the developer would be responsible as part of the conditions. Director Song also noted other Public Works discussion items and recommendations, the dedication accounts for the widening of Jones Bridge Road.

Mayor Bodker opened the Public Hearing for O2019-10-28 in consideration of RZ-19-009.

Applicant Terrance Slade provided information on the property showing the Land Use Map and the surrounding property’s zoning categories. This is the only property zoned AG-1 that has residential units on it, with most of the surrounding area being R-4. Mr. Slade reviewed a proposed layout of the property, highlighting the current traffic light which should not impact the traffic flow. The layout shows and area of trees and a planting strip around the detention area and addresses concerns noted by a few neighbors. Staff is recommending approval and at the request of the Planning Commission he has requested a meeting with previous JCCA HOA President MB Cooper. Other issues will be handled during the Land Development Phase as required by city guidelines. Mr. Slade noted the widening of Jones Bridge Road will have significant impact on the owners of this property and this is the best option for them to sell their property. Jim Butlerspoke on behalf of his wife’s family who owns this property, sale of this property would lift a

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heavy burden for the family. This is the only AG-4 property and it is very dangerous to get out of the driveways and with the changes coming to Jones Bridge Road it will be even more dangerous. Residents of Indian Creek Village will also benefit from the new traffic light. E. Negjeil owns one of the property, time ran out.

Mayor Bodker called for those wishing to speak in opposition. Morgan Doyle, an Orchardsubdivision resident, wants assurance from the developer they can provide a greenspace between the southern portion of the orchards and the northern boundary of the developer. This would be win-win to maintain this tree buffer, the applicant has not shown what the green space will be. H. Markley, an Orchards resident, addressed the traffic coming in/out of the Orchards and the blind corner area where drivers have speed up. There cannot be too much of a cut on this road project as it will be too close to the units. E. Sharpner of Indian Village voiced his concern on the water runoff and the amount of backfill that must be completed for this project, this needs to be done correctly. C. Madan commented there is a drop of about 30 feet, it is possible to save some of these trees. MB. Cooper commented on reworking an intersection for 8 homes, which is already highly used by JC High School, this is also used as a shortcut. The lot size should be similar to surrounding areas, she addressed the placement of the detention pond. C. LaFon, homeowner,commented this development would back up to about six feet from his property line. The backfill is his biggest concern and the impact this will have, as right now they look at a gentle green slope, he is concerned about them having to look at a giant retaining wall. There being no one else wishing to speak, Mayor Bodker closed the Public Hearing on RZ-19-008.

During discussion, Mr. Slade explained there is no retaining wall on the proposed project at this time, they will learn more during the LDP process. Mr. Slade was asked about his commitment to undisturbed buffers, discussion was held on the size of this area. Director Song explained the rear yard setback requirements, and what the city’s tree preservation ordinance requires. Mr. Slade explained there has been a preliminary phase development review and that is why the detention pond is currently placed in this area. Mayor Bodker voiced concern on the drop in the topology within the buildable area of the property, the inconsistency with surrounding lot sizes, he is not concerned with the traffic light issue that was raised but the overall cost of this intersection improvement. Mr. Slade noted he is comfortable with what is currently proposed, however the conditions will impact the developer’s budget and what would be done. Dir. Song updated council on the surrounding properties lot sizes.

There was additional council discussion on the trees, the sensitivity of the Indian Creek basin and adding more stress to this basin needs to be addressed, lot sizes, the need of the property owner to sell his property and the unknown of what will be determined in the LDP process. Mayor Bodker explained the options the council can consider; denial, approval with conditions or deferral. A deferral date was considered in order for the issues to be addressed such as the slope, lot sizes, buffers/screening between the properties and the detention pond as it relates to the Indian Creek basin.

Mayor Bodker provided Mr. Slade time to reach out to speak with his engineers to get clarity on the timeline needed to address the concerns. Council will take up the remaining agenda items and ask Mr. Slade to return when he can respond. CM Bradberry motioned, seconded by CM Endres

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to table Item M2 until the conclusion of Items M3 and M4. There being no discussion the motion carried unanimously.

CM Bradberry motioned, seconded by CM Coughlin to approve Resolution 2019-10-39Appointing Larry DiBiase to the Board of Zoning Appeals. There being no discussion, the motion carried unanimously. (Resolution 2019-10-39)

CM Endres motioned, seconded by CM Coughlin to approve Resolution 2019-10-40 Appointing Francisco Inoa to the Construction Board of Appeals. There being no discussion, the motion carried unanimously. (Resolution 2019-10-40)

Mayor and Council resumed discussion regarding RZ-19-009. CM Broadbent motioned, seconded by CM Bradberry table case RZ-19-009 to the first meeting of February 2020 which is tentatively scheduled for February 10, 2020. There being no further discussion, this motion carried unanimously. (Item tabled)

OTHER BUSINESS: CM Zaprowski noted he has his pink on. Mayor Bodker commented on the JCPD pink vehicles, and JCFD Chief Coons pink shirt.

PUBLIC COMMENT: No Public Comment

MAYOR’S COMMENT: Mayor thanked everyone for attending and the council for their hard work during the Work Session.

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

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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STATE OF GEORGIACOUNTY OF FULTON RESOLUTION 2019-11-41

PAGE 1 OF 1

A RESOLUTION TO APPROVE APROCLAMATION PRESENTED ON BEHALF OF THE

CITY OF JOHNS CREEK RECOGNIZING VETERANS DAY AS NOVEMBER 11, 2019

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Johns Creek, while in session on November 4, 2019 approved:

WHEREAS: That the City of Johns Creek Mayor and Council hereby approves the hereto attached Proclamation recognizingVeterans Day, November 11, 2019 and

WHEREAS: That this approval be immediately effective; and

WHEREAS: That this resolution shall become effective upon its adoption.

SO RESOLVED AND EFFECTIVE this 4th day of November 2019.

Approved:

______________________Michael E. Bodker, Mayor

Attest:

___________________________Joan C. Jones, City Clerk

(Seal)

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PROCLAMATION

WHEREAS; The freedoms we enjoy as Americans have been purchased and maintained at a high price throughout our history and we owe a great debt to those who have served in defense of this nation. Since the establishment of the original thirteen (13) states, Americans have been willing to fight and die to preserve their individual rights as then guaranteed in the United States Constitution and the Bill of Rights; and

WHEREAS; On Veterans Day, we pay tribute to the service and sacrifice of the men and women who in defense of our freedom have bravely worn the uniforms of the Armed Services whether it be the Air Force, the Army, the Coast Guard, the Marines or the Navy throughout the generations, their sacrifices have preserved our unique form of government dedicated to human rights and respect for the individual; and

WHEREAS; This Veterans Day, we remember these heroes for their valor, their loyalty and their dedication as they continue to inspire us today as we work to advance peace and extend freedom around the world; and

THEREFORE; I, Michael E. Bodker, Mayor of the City of Johns Creek, Georgia do hereby proclaim and recognize November 11, 2019 as VETERANS DAY in the City of Johns Creek and urge allcitizens to honor our veterans and rededicate themselves to the preservation of our liberties under the Constitution.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of November 2019.

______________________Michael E. Bodker, Mayor

(City Seal)

______________________Joan Jones, City Clerk

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AGENDA REPORTTo: Honorable Mayor and City Council Members

From: Brian O’Connor, TSPLOST Manager

Date: October 21, 2019 – Work Session

Item: Approval of Intergovernmental Agreement (IGA) with Fulton County for the Barnwell Road at SR 140 / Holcomb Bridge Road Intersection Improvement TSPLOST project

Item SummaryStaff recommends approval of an Intergovernmental Agreement (IGA) with Fulton County to include adjustment or relocation of water facilities for Fulton County as part of the construction for the Barnwell Road at SR 140 / Holcomb Bridge Road Intersection Improvement TSPLOST project.

BackgroundThis TSPLOST intersection improvement project at the intersection of Barnwell Road at SR 140 / Holcomb Bridge Road is currently in the right of way acquisition phase. In order to construct the intersection project, some of the water facilities (hydrants, water mains, water meters, etc.) must be adjusted or relocated. Rather than have Fulton manage that as a separate project, Fulton has agreed to enter an IGA whereby the City bids and manages the work as an aspect of the overall construction project and Fulton reimburses the City for the costs. The proposed IGA follows the same pattern as the one adopted in October 2018 for the relocation/replacement of the waterline for the phase of State Bridge Road (from Camden Way to the Chattahoochee River) project that is about to begin construction.

Financial ImpactsThere will be no cost to the City. Fulton County will reimburse the City for all material and labor cost associated with the utility relocations. A budget amendment is required to include up to $807,650.00 of reimbursable funds for the Barnwell Road at SR 140 / Holcomb Bridge Road Intersection Improvement project. The actual dollar amount will come from the construction bids received with the roadway project.

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RecommendationStaff recommends approval of the IGA with Fulton County in order to reduce construction time and improve the coordination effort during the adjustment and relocation of Fulton County facilities.

Next StepsOnce right-of-way acquisition is completed and GDOT authorizes the project for letting, the City of Johns Creek will advertise the project for construction. This advertisement will include Fulton County water line items and the final IGA budget amendment will be determined

Alternative Fulton County would bid the work separately and coordinate with our roadway contractor.

Attachments1. Fulton IGA

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Page 1 of 10

INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF JOHNS CREEK, GEORGIA AND FULTON COUNTY, GEORGIA

FOR THE ADJUSTMENT, RELOCATION AND/OR CONSTRUCTION OF APPROXIMATELY 2530 LF OF WATERLINE ALONG BARNWELL ROAD

FROM HOLCOMB BRIDGE ROAD TO SOUTH OF NIBLICK DRIVE

THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) is executed as of ______ day of _______, 2019, by and between CITY OF JOHNS CREEK, GEORGIA (“CITY”), a municipality of the State of Georgia, and FULTON COUNTY, GEORGIA (“COUNTY”), a political subdivision of the State of Georgia. The term “Party” refers individually to either the CITY or the COUNTY and the term “Parties” refers to both the CITY and the COUNTY.

WHEREAS, the CITY proposes to undertake a transportation project to enhance Barnwell Road at State Route 140 / Holcomb Bridge Road by contract through its competitive bidding procedures (“TRANSPORTATION PROJECT”); and

WHEREAS, the COUNTY has fire hydrant, water main, water meter, service lines, and valves, as shown on construction plans for the TRANSPORTATION PROJECT (“UTILITIES”); and WHEREAS, the UTILITIES must be adjusted or relocated as a result of the TRANSPORTATION PROJECT (“UTILITIES RELOCATION”); and

WHEREAS, the COUNTY does not have adequate equipment and staff to adjust or relocate its UTILITIES, or for other reasons considers it advantageous to have this work included in the TRANSPORTATION PROJECT contract to be let to bid by the CITY; and

WHEREAS, the Constitution of the State of Georgia provides, in Article IX, Section III, Paragraph I, Subparagraph I, Subparagraph (a), that any county or municipality of the State of Georgia may contract for any period not exceeding fifty (50) years, with each other or with any other public agency, public corporation, or public authority for the provision of services, or for the joint or separate use of facilities or equipment when such contracts deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; and WHEREAS, the COUNTY and CITY desire to enter into an IGA to facilitate the UTILITIES RELOCATION; and

WHEREAS, as consideration for UTILITIES RELOCATION the COUNTY will reimburse the adjustment or relocation cost incurred by the CITY; and

WHEREAS, the COUNTY and CITY have determined that this IGA serves the best interest of all parties and their citizens by improving transportation and utility infrastructures. NOW THEREFORE, incorporating the foregoing recitals, and in consideration of the mutual promises, covenants and undertakings of the parties hereinafter set forth, and for the public purposes

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herein contained and provided for, the COUNTY and the CITY covenant, agree and bind themselves as follows:

I. PURPOSE.

This IGA is entered into with the understanding by the Parties that the primary purpose of this IGA is for the Parties to meet the public purpose of transportation and utility infrastructure improvements.

II. COMPENSATION AND PAYMENT.

The total estimated cost of UTILITIES RELOCATION work contemplated under this IGA is Eight Hundred Seven Thousand Six Hundred Fifty and No/Dollars ($807,650.00). Said amount shall be the total COUNTY contribution to the UTILITIES RELOCATION work contemplated under this IGA and is the maximum amount of the COUNTY’s obligation under this IGA, unless the IGA is amended by the parties as provided herein. It is agreed that the compensation specified herein includes both direct and indirect costs incurred in the performance of this IGA under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations Subpart 31.6 and not prohibited by the laws of the State of Georgia. Should either Party, pursuant to the provisions of this IGA, terminate the work under this IGA, the performing Party shall be paid for the percentage of work completed as of the date of termination.

III. OVERVIEW.

The UTILITIES RELOCATION project contemplated by this IGA consists of the following: ADJUSTMENT, RELOCATION AND/OR CONSTRUCTION OF APPROXIMATELY 2530 LF OF WATERLINE ALONG BARNWELL ROAD FROM HOLCOMB BRIDGE ROAD TO S OF NIBLICK DRIVE, CITY PI-0013947.

IV. FULTON COUNTY’S RESPONSIBILITIES.

1. The COUNTY shall undertake the UTILITIES RELOCATION project design and submit a cost estimate to the CITY for its utility adjustment or relocation based on GDOT specifications and mean item summary.

2. The plans and estimate for the UTILITIES RELOCATION work shall be subject to approval of the COUNTY prior to advertising for bids.

3. The COUNTY shall have the right to visit and to inspect the UTILITIES RELOCATION work at any time and to advise the CITY’s engineer of any observed discrepancies or potential problems with the approved UTILITIES RELOCATION plan.

4. The COUNTY shall respond, in a timely manner, to any issue that may arise during the construction phase of the UTILITIES RELOCATION. Every reasonable effort shall be made with respect to matters within the control of the COUNTY so as not to delay the

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contractor under any circumstances. 5. The COUNTY is responsible to reimburse all material and labor costs to the CITY related to

specified UTILITIES RELOCATION work perform as part of the TRANSPORTATION PROJECT. The reimbursement shall be based on the actual construction costs and shall be paid by the COUNTY within thirty (30) days after delivery of payment request by the CITY.

6. Upon certification by the CITY’s engineer that the UTILITIES RELOCATION work has been completed in accordance with the plans and specifications, the COUNTY will accept the adjusted, relocated and/or newly construction UTILITIES and will thereafter operate and maintain said UTILITIES without further cost to the CITY or its contractor.

V. CITY OF JOHNS CREEK’S RESPONSIBILITIES.

1. The CITY shall undertake the UTILITIES RELOCATION contracting and construction and shall assume responsibility for management and completion of the UTILITIES RELOCATION project.

2. The plans and estimate for the UTILITIES RELOCATION work shall be subject to approval of the CITY prior to advertising for TRANSPORTATION PROJECT bids.

3. All UTILITIES RELOCATION work, necessary for the adjustment or relocation of the described UTILITIES in accordance with the final UTILITIES RELOCATION plans when approved, shall be included in the TRANSPORTATION PROJECT contract and let to bid by the CITY.

4. All construction, engineering and contract supervision for the TRANSPORTATION PROJECT shall be the responsibility of the CITY. The CITY shall be responsible to assure that all UTILITIES RELOCATION work is accomplished in accordance with the plans and specifications and to consult with the COUNTY before authorizing any changes or deviations which affect the COUNTY’s UTILITIES.

5. The CITY shall respond, in a reasonably timely manner, to any issue that may arise during the construction phase for the UTILITIES RELOCATION. Every reasonable effort shall be made with respect to matters with the control of the CITY so as not to delay the contractor under any circumstances.

VI. ADDITIONAL UNDERSTANDINGS.

The Parties to this IGA have mutually acknowledged and agreed to the following:

1. The Parties shall work together in a cooperative and coordinated effort, and in such a manner and fashion to bring about the achievement and fulfillment of the goals and objectives of this IGA.

2. It is not the intent of this IGA to restrict the Parties to this IGA from their involvement or participation with any other public or private individuals, agencies or organizations.

3. It is not the intent or purpose of this IGA to create any rights, benefits and/or trust responsibilities

by or between the Parties.

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4. This IGA shall in no way hold or obligate either Party to supply or transfer funds to maintain and/or sustain the IGA or keep in place any contract, except as specifically provided in this IGA.

VII. TERM. This IGA shall be effective upon execution by both Parties and continue until December 31, 2022, unless the IGA is terminated as provided herein by either Party, and in no event shall exceed a fifty (50) year term. The Parties may agree to amend this IGA at any time as provided for herein.

VIII. TERMINATION. Anything contained herein to the contrary notwithstanding, either Party may

terminate the IGA:

1. If the other Party commits a material breach of the IGA and fails to cure said breach to the non-breaching Party’s satisfaction after receiving thirty (30) days written notice; or

2. Without cause, if the terminating party gives ninety (90) days prior written notice

to the other Party.

IX. RESPONSIBILITY FOR CLAIMS AND LIABILITY. It is hereby stipulated and agreed between the parties that, with respect to any claim or action brought by a third party and arising out of the activities described in this IGA or stems from any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition disparagement of product or service, or other tort or any type whatsoever, or any actual or alleged violation of trade regulations, each party shall only be liable for payment of that portion of any and all liability, costs, expenses, demands, settlements, or judgments resulting from the negligence actions or omissions of its own agents, officers, and employees. Either Party may self-fund its obligations under this IGA. However, nothing herein shall be construed as a waiver of any Party’s sovereign immunity or the immunities available to the officials, officers and employees of the Parties. To the extent allowed by law, the CITY shall ensure that any contractor retained or selected by the CITY to provide services related to the UTILITIES RELOCATOIN work contemplated in this IGA shall agree to indemnify and hold harmless the COUTNY as well as its commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which it 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, arising out of the UTILITIES RELOCATION work irrespective of the COUNTY’s negligence (except that no Party shall be indemnified for their own sole negligence). Any contractor retained by the CITY, if requested, shall assume and defend at the contractor’s own expense, any suit, action or other legal proceedings arising therefrom in which the COUNTY, and/or its commissioners, officers, officials, employees, and agents, are named as a party, and the contractor hereby agrees to satisfy, pay, and cause to be discharged of record any judgment which may be rendered against the COUNTY and/or its commissioners,

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officers, officials, employees, and agents, arising therefrom. The CITY shall ensure that the provisions of this Article are included in all contracts and subcontracts.

X. INSURANCE. Prior to beginning the UTILITIES RELOCATION work, the CITY shall obtain and where the CITY is utilizing the services of a contractor to carry out the UTILITIES RELOCATION work, shall also cause its contractors to obtain and furnish certificates of insurance in which the COUNTY is named as an “Additional Insured,” for the following minimum amounts of insurance prior to the undertaking of any of the activities contemplated under this IGA, as applicable:

i. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia.

ii. Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence.

iii. Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000).

iv. 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 IGA and until final completion of the UTILITIES RELOCATION work contemplated under this IGA. The scope and coverage of the insurance protection shall extend beyond the completion of the UTILITIES RELOCATION project until the expiration of any applicable statutes of limitations. The CITY shall retain the right to satisfy any or all of its insurance obligations under this IGA 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.

XI. CONFIDENTIALITY.

The CITY agrees to establish appropriate administrative, technical, and physical safeguards to ensure that it does not provide and make available confidentiality, protected, proprietary or privileged data in the System. The CITY agrees to abide and comply with all applicable laws, rules and regulations relating to privacy and confidentiality of protected information.

XII. REPRESENTATIONS REGARDING DATA.

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Each Party has made its best efforts to ensure the accuracy and completeness of the information and data transferred or made available through the performance of the IGA. Each Party makes no warranties or representations to the public, to the other Party or to third parties regarding data made available through the performance of the IGA. It shall be the responsibility of each Party or any third party to verify the accuracy of data. Each Party to this IGA accepts no liability that may arise from the use of data by any person or any third party. All information is provided “as is” with no warranty of any kind concerning fitness of use. No Party to this IGA shall be liable for the use of data or any inferences, judgments, or decisions resulting from use of data.

XIII. TIME OF PERFORMANCE.

Time is of the essence in all matters pertaining to this IGA. The CITY shall perform its responsibilities under this IGA, commencing on receipt a copy of written "Notice to Proceed" from Fulton County, shall complete the UTILITIES RELOCATION project based on the construction time for the TRANSPORTATION PROJECT.

XIV. REVIEW OF WORK.

Authorized representatives of the COUNTY may at all reasonable times review and inspect the activities and data collected under the terms of this IGA and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the CITY related to the UTILITIES RELOCATION. The COUNTY reserves the right for reviews and acceptance on the part of affected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance of the UTILITIES RELOCATION work shall not relieve the CITY to exercise reasonable care to correct, at its expense, any of its errors in the UTILITIES RELOCATION work. The COUNTY’s review recommendations shall be incorporated into the UTILITIES RELOCATION work activities of the CITY.

XV. RECORDS.

The CITY shall keep accurate records in a reasonable manner approved by the COUNTY with regard to the UTILITIES RELOCATION activities conducted under this IGA and submit to the COUNTY upon request, such information as is required in order to ensure compliance with this IGA.

XVI. MISCELLANEOUS.

A. Entire Agreement; Counterparts. This IGA may be executed by the Parties in counterparts, each of which shall constitute an original. This IGA sets forth the entire understanding between the Parties pending the execution of the Agreement, and supersedes all previous agreements and understandings between them, oral or written, and may be amended only in a document executed by both Parties. No amendment, modification,

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termination, or waiver of any provision of this IGA, nor consent to any departure by the Parties, shall in any event be effective unless the same shall be in writing and signed by the COUNTY and CITY, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

B. Governing Law. This IGA and the Parties’ rights and obligations hereunder, shall be

governed by, and construed and enforced in accordance with, the laws of the State of Georgia, without regard to its conflict of laws rules.

C. Limitation on liability. No rights or limitation of rights shall arise or be assumed between

the Parties as a result of the terms of this IGA. Nothing herein shall be construed as a waiver of any Party’s sovereign immunity or other governmental immunity as allowed by law.

D. Representations and Warranties of the Parties. In furtherance of the public purposes of this IGA, the COUNTY and CITY hereby represent and warrant to each other (which representations and warranties shall be deemed independently material notwithstanding any prior inquiries) the following:

1. Authority. Each Party hereto expressly represents and warrants that (i) it has the power to make, deliver and perform this IGA, and has taken all necessary action to authorize the execution, delivery and performance of this IGA; (ii) this IGA when executed will constitute the valid obligations with respect to it legally binding upon the same and enforceable in accordance with the terms hereof; and (iii) no further consent or approval of any other Party not specifically mentioned herein is required in connection with the execution, delivery, performance, validity and enforcement of this IGA. Without limiting the generality of the foregoing, each Party hereby expressly acknowledges and represents that it has officially adopted and otherwise approved this IGA at a meeting of its governing authority in accordance with the Constitution and laws of the State of Georgia, to include, without limitation, the Georgia Open Meetings Act, O.C.G.A. 50-14-1 et seq.

2. Public Purpose. This IGA and the services contemplated herein are for the public welfare and benefit and are undertaken in accordance with the laws and Constitution of the State of Georgia. Without limiting the foregoing, the parties specifically and expressly warrant and represent, and do hereby find, that this IGA (i) pertains to the provision of services and activities which the Parties are by law authorized to undertake and provide; (ii) is otherwise authorized under the Intergovernmental Contracts Clause of the Georgia Constitution of 1983, Art. IX, Sec. III, Par. 1(a); (iii) does not authorize the creation of new debt" as contemplated by Ga. Const. of 1 983, Art. IX, Sec. V. Par. I(a); and (iv) does not violate O.C.G.A. § 36-30-3(a) or otherwise prevent fee legislation by any Party in matters of government, and shall be binding and enforceable

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against the Parties and their successors during the term hereof in accordance with its terms.

3. No Conflicting Agreements. The execution, delivery and performance of

this IGA will not violate or contravene any contract, undertaking, instrument or other agreement to which the COUNTY and/or CITY are a Party or which purports to be binding upon said Parties. Furthermore, the execution, delivery and performance of this IGA does not violate the provisions of any Party's respective charter or Code of Ordinances, or any statutory or decisional laws of the State of Georgia respecting similarly situated municipal corporations or political subdivisions of said State (as the case may be).

The representations and warranties contained in this Section D shall be true and correct as of the date hereof and such representations and warranties, and the obligation of the COUNTY and CITY to perform their respective obligations under this IGA shall be expressly conditioned upon said representations and warranties being true and correct on the date hereof. Furthermore, each Party hereto specifically acknowledges and agrees that they shall be forever estopped from making any claim, counterclaim, assertion, or other argument of any kind contrary to the representations and warranties set forth hereinabove or otherwise contained in this IGA.

E. Assignment; Binding Effect. The rights and obligations of the Parties under this IGA are

personal and may not be assigned without the prior written consent of the COUNTY and the CITY. Subject to the foregoing, this IGA shall be binding upon and enforceable against, and shall inure to the benefit of, the Parties hereto and their respective successors and permitted assigns.

F. No Third-Party Beneficiaries. This IGA is made between and limited to the COUNTY and

CITY, and is not intended, and shall in no event be construed to be, for the benefit of any person or entity other than the COUNTY and CITY, and no other person or entity shall be considered a third-party beneficiary by virtue of this IGA or otherwise entitled to enforce the terms of this IGA for any reason whatsoever.

G. Relationship of Parties. Notwithstanding anything in this IGA to the contrary, neither Party

shall have the power to bind nor obligate the other Party except as expressly set forth in this IGA.

H. Survival of Representations. All terms, conditions, covenants, warranties contained in any

determination of this IGA shall survive the termination of this IGA until amended by the applicable governing authority.

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I. Notices. Any notice or communication required or permitted under this IGA shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the following addresses:

To the COUNTY:

Abul K. Howlader Engineering Administrator Department of Public Works 141 Pryor Street, S.W., Suite 6001 Atlanta, Ga 30303 Copy to:

County Attorney Office of the County Attorney 141 Pryor Street, S.W., Suite 4038 Atlanta, Ga 30303

To the CITY:

Joan Jones City Clerk 11360 Lakefield Drive Johns Creek, Ga 30097 Copy to:

City Attorney CAROTHERS & MITCHELL, LLC 1809 Buford Highway Buford, Ga 30518

J. Severability Clause. In the event that any provision of this IGA shall be deemed to be severable or invalid, and if any term, condition, phrase or portion of this IGA shall be determined to be unlawful or otherwise unenforceable, the remainder of the IGA shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this IGA to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

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IN WITNESS WHEREOF, the Parties, by and through their duly authorized representatives, have executed this IGA to be effective as of the date first set forth above.

CITY OF JOHNS CREEK, GEORGIA By: Michael E. Bodker, Mayor

Attest: By: Joan C. Jones, City Clerk Approved as to Form: By: City Attorney

FULTON COUNTY, GEORGIA

By: Rob Pitts, Chairman Board of Commissioners Attest: By: Tonya R. Grier, Interim Commission Clerk Approved as to Form: By: County Attorney

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AGENDA REPORT To: Honorable Mayor and City Council Members

From: Lynda Smith, JCCVB Chairwoman

Date: October 30th, 2019 (for November 4th, 2019 Council Meeting)

Item: CVB Recommendations – FY2020 Projects for Tourism Product Development

Issue The Council must consider and approve or amend the Johns Creek Convention and Visitors Bureau (CVB)’s recommendations for FY2020 expenditures of tourism product development by March 1, 2020. The CVB has recommended (1) $70,000 for Phase II installation of The Wall that Heals, (2) $56,291 for im-provements at Autrey Mill, (3) $55,000 for a second gateway marker and (4) the balance of collected funds (budgeted at $54,509) toward study of Greenway Trail along the Chattahoochee River.

Update: At the October 21st Work Session Council reached consensus to place the following recommenda-tions on Consent Agenda at the November 4th Council Meeting:

• $70,000 for Phase II installation of The Wall that Heals • $56,291 for improvements at Autrey Mill • The balance of collected funds (budgeted at $54,509) for study of Greenway Trail along the Chat-

tahoochee River. The Council plans to continue discussion on the recommended allocation of $55K for a second gateway marker at an upcoming Work Session, based on feedback received from the community on the current gateway project.

Background The City has a 7% hotel/motel excise tax. Pursuant to O.C.G.A. § 48-13-51(a)(5)(A)(ii) the collected excise taxes are to be expended as follows: 32.14% for promoting tourism, 39.30% for tourism product develop-ment and 28.56% to the City. For FY2020, the amount budgeted for tourism product development, requiring Council action, is $235,800. The City has designated the CVB as its partner for both the 32.14% of funds used to promote tourism and the 39.3% of funds used for tourism product development. Although the CVB has full discretion over the tourism promotion funds, the tourism product development projects must be ap-proved by the City Council. The approved projects for the FY2019 funds were (1) $75,000 for the Wall that Heals permanent installation, (2) $40,000 improvements to Autrey Mill Nature Preserve in the areas of: Farm Museum Interpretive Plan, Animal Ambassador enclosure upgrades, Wayfinding throughout the park,

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and event rental upgrades, (3) $13,000 towards the Bell/Boles Roundabout Public Art Sculpture, and (4) $64,647.00 (plus any additional collected funds) for the Community Engagement Gateway Marker project.

Update Since the Council’s April 22, 2019 authorization of the initial projects, the CVB has completed one of the projects and made significant progress on the other three. The full amount of funds for the Bell/Boles Roundabout Public Art Sculpture has been provided to the artist, who has the sculpture in progress. Im-provements to Autrey Mill Nature Preserve are complete, which enhanced the Farm Museum Interpretive experience, helped create a home for live goats to be added to the Animal Ambassador program, updated wayfinding throughout the park, and resourced the park to better attract an accommodate special event rentals. Phase I of the Wall that Heals is well underway and on schedule to open to the public this No-vember. Finally, the Community Engagement Gateway Marker project is in progress, with an anticipated installation date set for January 2020.

FY2020 Project Recommendations The CVB met on October 11, 2019 and finalized their recommendations for FY2020 tourism product development projects. The CVB recommends the City Council authorize (1) $70,000 for Phase II installa-tion of The Wall that Heals, (2) $56,291 for improvements at Autrey Mill, (3) $55,000 for a second gateway marker and (4) the balance of collected funds (budgeted at $54,509) toward a land survey along the Chat-tahoochee River for construction of a Greenway Trail.

The funds proposed for Phase II of the Wall that Heals would go toward the installation of a granite facade and lighting at the memorial.

The improvements at Autrey Mill Nature Preserve meet prioritized needs from the Foundation’s Board that align with the CVB’s efforts to enhance the destination’s appeal to heritage tourism travelers and functional-ity as a small event venue (weddings, small board retreats, etc.). The $56,291 in improvements fits into three categories: (1) $15K of the proposed improvements for passive interpretation and wayfinding for trails and heritage buildings; (2) roughly $17K for improvements and additions to the indoor animal collections, and (3) roughly $23K for venue rental improvements and lighting for evening events.

The recommendations for a second gateway marker would continue from the the first gateway marker project, set to be installed at eastbound State Bridge at Kimball Bridge in January 2020. The second mark-er is proposed for installation at westbound State Bridge at the Chattahoochee River. The CVB hopes to continue to work with artist William Massey (who coordinated the effort for the Medlock Bridge / SR 141 pedestrian tunnel mural, as well as the community engagement process for the first gateway marker design and installation) to begin planning for second marker. The CVB’s intent would be to continue to collaborate with existing City art boards and organizations in the community to finalize a design that is well supported.

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The CVB has met with the Public Works Department and Community Development Department to under-stand constraints, regulations, and permitting process.

The CVB sees investing in a study for a Greenway Trail along the Chattahoochee River a worthy next step towards adding a new tourism product to the city. Access to the Chattahoochee River is a unique asset to the City of Johns Creek. A Greenway Trail along the river will create a marketable product to attract visitor spending to Johns Creek.

Analysis Staff has reviewed the CVB’s recommendations and finds the projects to be allowable uses under O.C.G.A. § 48-13-50.2(6) (included below for reference).

O.C.G.A. § 48-13-50.2(6) “[T]he expenditure of funds for the creation or expansion of physical attractions which are avail-able and open to the public and which improve destination appeal to visitors, support visitors’ experi-ence, and are used by visitors. Such expenditures may include capital costs and operating ex-penses. Tourism product development may include:

(A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage; (K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, nat-ural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (O) Parks, trails, and other recreational facilities; or

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(P) Performing arts facilities.”

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PROCLAMATION

WHEREAS; The freedoms we enjoy as Americans have been purchased and maintained at a high price throughout our history and we owe a great debt to those who have served in defense of this nation. Since the establishment of the original thirteen (13) states, Americans have been willing to fight and die to preserve their individual rights as then guaranteed in the United States Constitution and the Bill of Rights; and

WHEREAS; On Veterans Day, we pay tribute to the service and sacrifice of the men and women who in defense of our freedom have bravely worn the uniforms of the Armed Services whether it be the Air Force, the Army, the Coast Guard, the Marines or the Navy throughout the generations, their sacrifices have preserved our unique form of government dedicated to human rights and respect for the individual; and

WHEREAS; This Veterans Day, we remember these heroes for their valor, their loyalty and their dedication as they continue to inspire us today as we work to advance peace and extend freedom around the world; and

THEREFORE; I, Michael E. Bodker, Mayor of the City of Johns Creek, Georgia do hereby proclaim and recognize November 11, 2019 as VETERANS DAY in the City of Johns Creek and urge allcitizens to honor our veterans and rededicate themselves to the preservation of our liberties under the Constitution.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of November 2019.

______________________Michael E. Bodker, Mayor

(City Seal)

______________________Joan Jones, City Clerk

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Johns Creek Convention & Visitors Bureau Quarterly Report - November 4th, 2019

T O U R I S M P R O D U C T D E V E L O P M E N T F U N D S

Since the Council’s April 22, 2019 approval of the FY2019 Tourism Product Development Funds, the CVB has completed two of the projects and made significant progress on the other two:

Improvements at Autrey Mill Nature Preserve ($40,000.00) • Improvements to Autrey Mill Nature Preserve are complete, which enhanced the park’s:

• Farm Museum Interpretive Plan • Animal Ambassador Enclosure upgrades • Wayfinding throughout the park • Event rental upgrades

Bell/Boles Roundabout Public Art Sculpture ($13,000.00) • The full amount of funds for the Bell/Boles Roundabout Public Art Sculpture has been provided

to the artist, who has the sculpture in progress.

Installation of The Wall that Heals ($75,000.00) • JCCVB is working with City Staff to distribute allocated funds toward Phase I of the Wall That

Heals installation. As of October 2019, $13,300.00 of the allocated $75,000 has been distributed.

Community Engagement Gateway Marker ($64,647.00 plus any additional collected funds) • JCCVB continues to work with Urban Catalyst Lab and artist William Massey to facilitate the

project, which kicked-off June 25th, 2019. Anticipated project timeline: • Online voting opened October 24th and will remain open through 11am on November

4th. • Final design will then be submitted to Johns Creek Public Art Board before being

presented to City Council. Following City Council review, JCCVB will then obtain ROW permit.

• Gateway marker installation planned for January 2020.

FY2020 Recommendations • JCCVB submitted their recommendations to City Council for FY2020 Tourism Product Development

Funds on October 21st. Following Work Session discussion on the 21st, Council and JCCVB agreed to: • Move the following recommendations to the consent agenda for November 4th, 2019:

• $70,000 for Phase II installation of The Wall that Heals • $56,291 for improvements at Autrey Mill • The balance of collected funds (budgeted at $54,509) for Chattahoochee Land Survey for

Greenway • Discuss the following recommendation at an upcoming Work Session, based on feedback received

from the community on the current gateway project: • $55,000 for a second gateway marker

Johns Creek Convention and Visitors Bureau Shelby Marzen, Executive Director 404.370.2044 visit@johnscreekcvb.com

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T O U R I S M P R O J E C T S

Legacy Center at Johns Creek Task Force • JCCVB Executive Director serves on the Legacy Center at Johns Creek Task Force, a sub-committee of

the Cultural Arts Alliance at Johns Creek (CAAJC). • The Task Force is working with Convergent Nonprofit Solutions to conduct a financial feasibility

study for a cultural arts complex in Johns Creek. The study is the CAAJC’s next step toward launching the financial campaign for the proposed multidisciplinary cultural arts complex.

• Convergent representatives began their work in July and are anticipated to complete the study and present their findings in January 2020.

A D V E R T I S I N G + P U B L I C R E L A T I O N S

Atlanta Magazine • JCCVB participated in Atlanta Magazine’s August “Special Advertising Section” highlighting North

Fulton cities. Full page ad feature highlighted cultural attractions of Johns Creek, including the Johns Creek Tunnel, local restaurants, walking trails and more.

Johns Creek Awarded Safest GA City for Tourists • Johns Creek was named the safest city in Georgia for Tourists in a recent report released by 24/7 Wall

Street.

Bar/Bat Mitzvah Expo • JCCVB participated in bi-annual Bar/Bat Mitzvah Expo on October 6th, 2019 in Atlanta, GA. • JCCVB represented Johns Creek hotels and venues alongside leaders in the event planning industry.

Website Blog • One new blog was added to the JCCVB Website. Blogs are utilized to inspire travel, while also adding

fresh content to website, enhance SEO and create new content to promote across social media platforms. • Relax and Rejuvenate in Johns Creek – The Ideal Healthy Hideaway

Collaboration with Atlanta Trails • On October 12th, JCCVB collaborated with Atlanta Trails, a well respected source for hiking and

outdoor adventure information, to publish a series of 31 videos and photos to the Atlanta Trails Instagram Story feed, which highlighted a day of exploration, food, and adventure in Johns Creek.

• The feature resulted in over 85,000 impressions and over 1,300 interactions with the story, showing incredible audience interest in attractions in Johns Creek.

theKnot Advertising • JCCVB Board renewed their annual advertising plan with theKnot.com. theKnot is one of the leading

resources for wedding event planners. JCCVB utilizes their preferred storefront listing to showcase Johns Creek venues and accommodations and respond to leads.

G R A N T S + S P O N S O R S H I P S

Autrey Mill Farm Festival • JCCVB Board provided a $5,000.00 sponsorship to Autrey Mill Nature Preserve’s first-ever “Farm

Festival” on September 14th, 2019. The funds allowed Autrey Mill Nature Preserve to host over 400 participants at no entry cost.

• The sponsorship was awarded based on the event’s ability to increase awareness of the rich heritage in Johns Creek and generate visitor spending and overnight stays in Johns Creek hotels.

Johns Creek Convention and Visitors Bureau Shelby Marzen, Executive Director 404.370.2044 visit@johnscreekcvb.com

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H O T E L R E P O R T

Overall, hotel occupancy in Johns Creek has plateaued the past five months, following a trend upward caused by the third hotel in Johns Creek opening in February 2019. • JCCVB Board continues to monitor hotel occupancy to see how the addition of the third hotel will affect

overnight stays long-term in Johns Creek.

Johns Creek Convention and Visitors Bureau Shelby Marzen, Executive Director 404.370.2044 visit@johnscreekcvb.com

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