mayor and city council work session - 02.02.2010

8/14/2019 Mayor and City Council Work Session - 02.02.2010

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CITY COUNCIL

Eva Galambos, Mayor

John Paulson District 1

Dianne Fries District 2

Chip Collins District 3

Ashley Jenkins District 4

Tibby DeJulio District 5Karen Meinzen McEnerny District 6

Tuesday, February 2, 2010 Work Session Following the Reg

Staff Discussion Items

Nancy Leathers, Director of Community Development

1. A Resolution to Reduce Fees Collected by the Department of Community Developm

Economic Development Purposes

2. A Resolution to Amend the City of Sandy Springs Community Development Fee Sc

3. Adopting a Water Conservation Ordinance that will allow City Officials to enforce

requiring new irrigation systems to have rain sensor shut-off switches, and to enfor

drought watering restrictions

4. An Ordinance to amend Chapters 109-222(c)(8) & 109-222(c)(9) of the Code of the

Springs to define and standardize exemptions to the City of Sandy Springs Stream B

Protection Ordinance related to Minor Land Disturbing Activities and administrativ

stream buffer variances for Capital Improvement Projects (CIP).

Thomas Black, Director of Public Works

1. Quarterly Updates on the Capital Improvement Program and other Major Public Wo

Wendell Willard, City Attorney

1. Assignment of Morgan Falls Office Park lease (Assignment) to the Sandy Spring

Facilities Authority (Authority) and sublease to the City of Sandy Springs (City


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Draft Water Conservation Ordinance

ORDINANCE NO. _____________

STATE OF GEORGIA

COUNTY OF FULTON

AN ORDINANCE TO ESTABLISH THE CITY OF SANDY SPRIGEORGIAS COMMITMENT TO WATER CONSERVATION

EFFICIENCY; TO ADOPT WATER USE RULES FOR WA

CONSERVATION CONSISTENT WITH THOSE ESTABLISHED BY

GEORGIA DEPARTMENT OF NATURAL RESOUR

ENVIRONMENTAL PROTECTION DIVISION AS MODIFIED BY

CITY OF ATLANTA DEPARTMENT OF WATERS

MANAGEMENT; TO PROVIDE PROCEDURES

IMPLEMENTATION AND ENFORCEMENT; AND FOR OTPURPOSES

WHEREAS, water conservation is the beneficial reduction in water loss, and includes all measures of water use efficiency; and

WHEREAS, water conservation is a sound water management tool and long-term economic, social, financial, and environmental benefits; and

WHEREAS, developing new sources of water and infrastructure is tyexpensive than extending the life of existing supplies through water conservation aand

WHEREAS, when coupled, energy and water efficiency can result ifinancial and natural resource savings; and

WHEREAS, the Mayor and Council of the City of Sandy Springs, Georgirecognize that through water conservation and efficiency, other cities have achievreductions in water use and the City can benefit from setting water conservation bengoals; and


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Springs, Georgia, by establishing Chapter 110, WATER CONSERVATIONfollows:

Chapter 110

WATER CONSERVATION

Article I. In General

Sec. 110-1. Short Title.

This chapter shall be cited as the Water Conservation Ordinance of the City of SaGeorgia.

Sec. 110-2. Purpose.

The purpose of this chapter is to promote water conservation by establishing wateryear round water conservation, to promote the efficient use of water, to reduce or waste of water in the City, and to enable implementation of the Citys wcontingency measures.

Sec. 110-3. Adoption of Water Use Rules.

The City hereby adopts by reference the outdoor water use rules mandated byDepartment of Natural Resources Environmental Protection Division (EPD), time, as the same may be modified by the City of Atlanta Department of Watershed(the EPD/Watershed Management Rules). A copy of the current EPD/WatershedRules is incorporated herein by reference, and a current copy of the same shall be mthe office of the City Clerk.

Sec. 110-4. Water conservation incentives. The City has developed and economic incentives for conservative water use, identified as the City of Sandy SConservation Permit Incentive Program, a copy of which will be maintained onCitys Department of Community Development.

Sec. 110-5. Additional water conservation measures. In addition to the water


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Sec. 110-6. Rain Sensor Shut-off Switch required.

(a) As used in this Code section, the term "rain sensor shut-off switch" means an elethat detects and measures rainfall amounts and overrides the cycle of an irrigation syturn off such system when a predetermined amount of rain has fallen or whether theis 32 degrees Fahrenheit (zero degrees Celsius) or below.

(b)(1) No person shall install any landscape irrigation system equipped with an ele

controller that does not have a rain sensor shut-off switch.

(2) Paragraph (1) of this subsection shall not apply to either landscape irrigation syinstalled on golf courses or any system dependent upon a nonpublic water source.

(c)(1) Any person who installs a landscape irrigation system equipped with an eleccontroller in violation of this Code section shall be liable for a civil penalty not exce$100.00 per violation.

Article III. Enforcement

Sec. 110-7. Compatibility with other regulations

This article is not intended to modify or repeal any other chapter, rule, regulatprovision of law. The requirements of this article are in addition to the requirementchapter, rule, regulation, or other provision of law, and where any provision oimposes restrictions different from those imposed by any other chapter, rule, regula

provision of law, whichever provision is more restrictive or imposes higher protectfor human health or the environment shall control.

Sec. 110-8. Violations.

Any violation of the EPD/Watershed Management Rules in effect from time constitute a violation of this Ordinance.

SO ORDAINED, this the ___________ day of _____________________, 2008.

Approved:

_______________________________


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Sec. 109-222. Applicability.(a) Generally. This article shall apply to all land development activity on property

stream protection area as defined in section 109-219. These requirements are in add

do not replace or supersede, any other applicable buffer requirements established unand approval or exemption from these requirements do not constitute approval or ex

from buffer requirements established under state law or from other applicable local,

federal regulations.(b) Grandfathered provisions. This article shall not apply to the following activitie

(1) Work consisting of the repair or maintenance of any lawful use of land that is z

approved for such use on or before the effective date of the ordinance from which th

derived.(2) Existing development and ongoing land disturbance activities including but no

existing agriculture, silviculture, landscaping, gardening and lawn maintenance, exc

development or land disturbance activities on such properties will be subject to all abuffer requirements.

(3) Any land development activity that is under construction, fully approved for de

scheduled for permit approval or has been submitted for approval as of the effectiveordinance from which this article is derived.

(4) Land development activity that has not been submitted for approval, but that islarger master development plan, such as for an office park or other phased developm

been previously approved within two years of the effective date of the ordinance froarticle is derived.

(c) Exemptions. The following specific activities are exempt from this article. Exe

these activities does not constitute an exemption for any other activity proposed on (1) Activities for the purpose of building one of the following:

a. A stream crossing by a driveway, transportation route or utility line;

b. Public water supply intake or public wastewater outfall structures;c. Intrusions necessary to provide access to a property;

d. Public access facilities that must be on the water including boat ramps, docks, foleading directly to the river, fishing platforms and overlooks;

e. Unpaved foot trails and paths;

f. Activities to restore and enhance stream bank stability, vegetation, water qualityaquatic habitat, so long as native vegetation and bioengineering techniques are used

(2) Public sewer line easements paralleling the creek, except that all easements (pe

construction) and land disturbance should be at least 25 feet from the top of the bankincludes such impervious cover as is necessary for the operation and maintenance oincluding but not limited to manholes, vents and valve structures. This exemption sh

construed as allowing the construction of roads, bike paths or other transportation ro

easements, regardless of paving material, except for access for the uses specifically


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(5) Emergency work necessary to preserve life or property. However, when emergperformed under this section, the person performing it shall report such work to the

next business day after commencement of the work. Within ten days thereafter, the

apply for a permit and perform such work within such time period as may be determcity to be reasonably necessary to correct any impairment such emergency work ma

caused to the water conveyance capacity, stability or water quality of the protection

(6) Forestry and silviculture activities on land that is zoned for forestry, silviculturagricultural uses and are not incidental to other land development activity. If such a

in land disturbance in the buffer that would otherwise be prohibited, then no other la

disturbing activity other than normal forest management practices will be allowed o

property for three years after the end of the activities that intruded on the buffer.(7) After the effective date of the ordinance from which this article is derived, it sh

new subdividing and platting activities.

(8) Projects defined in O.C.G.A. 12-7-17(3), as minor land disturbing activities thfrom the Georgia Erosion and Sedimentation Act: Such minor land disturbing act

home gardens and individual home landscaping, repairs, maintenance work, fences

related activities which result in minor soil erosion.

The following land-disturbing activities are examples of projects not specifically lis

O.C.G.A. 12-7-17(3) that would be considered minor land-disturbing activities and exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer r

for State waters:

1. Elevated structures such as decks, gazebos, patios, walkways, viewing pand/or open picnic shelters, provided:

a.

No more than 100 square feet of footprint of the elevated structurinto or over the buffer, with an exception for structures complian

Americans with Disability Act (ADA);

b. No grading, cutting, filling or similar land-disturbing activities ocpart of the site preparation, construction or subsequent developm

c. The structure is built on posts, concrete blocks and/or similar supd. Permanent protective vegetative cover remains or protective mea

mulch, gravel) are installed within the footprint of the elevated stprevent post-construction soil erosion;

e. A natural canopy is left in sufficient quantity to keep shade on theand

f No concrete and/or asphalt slabs, pads or foundations constructed


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a. No more than 100 square feet of the constructed walkway extendbuffer, with an exception for structures compliant with the Ameri

Disability Act (ADA);

b. No grading, cutting, filling or similar land-disturbing activities ocpart of the site preparation, construction or subsequent developm

c. No concrete and/or asphalt slabs, pads, supports or foundations cplaced as a part of the site preparation, construction or subsequen

development; and

d. All ground preparation and walkway material placement is compuse of hand-held equipment.

3. Restoration of buffer area after the removal of an existing structure, proa. No more than 100 square feet of the structure footprint is in the bb. The buffer area must be replanted with native vegetation.

4. Maintenance or repair of existing structures, the failure of which would rthreat to human health or State waters, such as sewer lines, water lines, dlines. Total disturbance must be less than 100 square feet.

5. Placement of rock riprap with the buffer not to exceed 100 square feet on

property, provided:

a. The placement of the rip-rap does not result in soil disturbance o

placement area; and

b. No grading, cutting, filling or similar land-disturbing activities occurrinthe site preparation, construction or subsequent development.

(9) Projects defined and approved as a part of the citys Capital Improvement Projplan, provided that administrative review and approval is given by the Director Co

Development Department.

(d) Prohibited. Any land development activity within a buffer established hereundimpervious cover within a setback established hereunder is prohibited unless a varia

granted pursuant to section 109-225(b).

(Ord. No. 2005-12-12, 4(ch. 14, art. 6, 4), 12-13-2005)


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TO: John McDonough, City Manager

FROM: Thomas Black, Public Works Director

DATE: January 19, 2010, for Submission onto the Agenda of the February 2, 2Council Work Session

ITEM: Quarterly Updates on the Capital Improvement Program and other Majo

Programs

Public Works Departments Recommendation:

Public Works staff will present a quarterly update on the CIP-T and other major pubprograms as requested by the City Manager.

Background:

The CIP-T and major public works programs have been approved by the Mayor an

Discussion:

This presentation is a quarterly update for the Mayor and City Council.

Alternatives:

N/A

Financial Impact:

The CIP-T and other major public works programs are operating within the approve

Attachment:

Presentation


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2009 Floo

Construction ProjeGlen Errol Road, River

Peachtree Dunwo

February 2,

G


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Glen Errol Road

Progress as of 1-13-10

Ri id D i B id


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Riverside Drive Bridge

Ri id B id


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Riverside Bridge

P ht D d B id


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Peachtree Dunwoody Bridge

Peachtree D n ood Bridge


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Operations and Ma

February

Public WorksField and Traffic S

December 09 Performance M


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December 09 Performance M

Traffic Services

Priority 1-Urgent work orders (16) 100hours

Priority 2-Important work orders (4) 10hours

Priority 3- Standard work orders (211)

business days Field Services

Priority 1-Urgent work orders (9)100%

Priority 2-Important work orders (10)9hours

Priority 3- Standard work orders (158)business days

December Operations


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December Operations

Emergency Calls 22

Includes after hours and emergencies

Work Orders Completed -635

Field Services and Traffic Services

- Field Services 380- Traffic Services 255

December Routine Maintena


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December Routine Maintena

Mowing Miles 40 centerline miles

Street Sweeping Miles (Cycle startecurbline miles

Traffic Signal Bulbs Changed work o

Traffic Sign Tasks work orders- 115


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Bridge Maintenance PFebruary 2, 2

Public Works DeField Services


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Upcoming Maintenance Pro


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Upcoming Maintenance Pro

Kingsport Drive over Long Island

Pile Encasement

Rip Rap for scour Dunwoody Club Drive

Repair broken abutment wall

Windsor Parkway over Nancy Cre Repair broken abutment wall

Rip Rap for scour

Riverside Drive over Chattahooch

Repair guardrail

Individual Bridge Status


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Individual Bridge Status

StructuralID

Bridge Location COSSInspected

Date

121-0278-0 Spalding Drive over Crooked Creek 2008

121-5176-0 Jett Road over Long Island Creek 2008

121-0451-0 Powers Ferry Road over Long IslandCreek

2009

121-5035-0 Glenridge Road over Long Island Creek 2007

121-0456-0 Long Island Drive over Long IslandCreek

2008

121-0447-0 Peachtree Dunwoody Road over NancyCreek

2008

121-0458-0 Windsor Parkway over Nancy Creek 2008

121-5030-0 Spalding Drive over Ball Mill Creek 2007

121-0454-0 Riverside Drive over Marsh Creek 2008

Individual Bridge Status Con


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StructuralID

Bridge Location InspectedDate

MaintenRepa

121-0457-0 Johnson Ferry overChattahoochee River

2009

121-0293-0 Dunwoody Club Drive over BallCreek 2008 ConcrRepa

121-5036-0 Lake Forrest Drive over LongIsland Creek

2008 Comp

121-5217-0 Coles Way over ChattahoocheeTributary

2009

121-0453-0 Riverside Drive over BlackwaterTrail and Old Riverside Drive

2009 RepaGuard

121-5187-0 Kingsport Drive over LongIsland Creek

2009 Construcencase



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StructuralID

Bridge Location InspectedDate

MainteRep

121-5034-0 Brandon Mill road over MarshCreek

2008 Com

121-5093-0 Tanacrest Drive overChattahoochee Tributary

2009

121-0592-0 Peachtree Dunwoody road overNancy Creek Tributary

2009

121-0443-0 Northside Drive over LongIsland Creek

2009

121-0593-0 Hammond Drive over NancyCreek Tributary

2009

121-5289-0 Glenlake Parkway over MarshCreek

2009


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Pavement Manageme

February

Public WorksField Servic

FY10 Resurfacing/Reconstru


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g

FY10 Budget - $5,825,000

Use 2009 IMS Data in addition to

Base Bid for FY 2010 Capital Pav- $2.3M

Base Bid for FY 2010 Capital Pav

Contract - $1.3M 2009 LARP Streets Approved by

Value of the GDOT contribution)

2010 LARP Expected in this Sprin

Approved 2009 LARP Street


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pp

Road Beginning Po

Mabry Road Spalding Driv

Hightower Trail Roswell Roa

Kenbrook Drive London DriveWing Street Hightower Tra

Auden Trail Spalding Driv

Rivertrail Court Brandon Hall DTowergate Place Hightower Tra

Scott Valley Road Colebridge Ro

West Northway Lane High Point Ro

Upcoming Projects


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2009 LARP

Ison Road - Ison Springs School P

Long Island Way - Sewer installat Spalding Stables - Subdivision str

2010 Add Option Streets

Powers Ferry Road- from Northside

Windsor Parkway- from Peachtree-DLimits

Hammond Drive- from Mt. Vernon PCircle

Pave On Program Costs to D


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Budget Year 2007-08

Project Total Cont

Capital Paving Phase I 3,637,1$

Phase II 965,3$ LARP 05-06 (GDOT-$411k) 1,168,3$

LARP 07 (GDOT-$305k) 924,0$

Total Budget Year 2007-08 6,694,9$

Budget Year 2008-09

Project Cost

Capital Paving Phase I 4,285,2$

Phase II 2,246,2$

LARP 2008 (GDOT - $229k) 843,2$

Total Budget Year 2008-09 7,374,8$

Total Program Thru FY09 14,069,8$

GDOT Contributions - FY05-$194k, FY06-$2

GDOT Total Contributions to date = $944k


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Stormwater Permitt

Quarterly Up

February 2, 2

Public Works DeStormwater D

Stormwater Budget FY 2010


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Floodplain Mapping

Watershed Improvement Planning Inventory and Assessment

Water Quality Monitoring

FEMA HMGP Application

Total Contracts

Over Budget


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Stormwater Permit Activities Sta


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2008 MS4 Annual Report Accepted 5/1/09 Outfall response accepted Stormwater Advisory Team accepted

World Water Monitoring Day 9/18/09 Big Trees Preserve First Montessori of Atlanta

Brochure printed - Distributed 3,000

Pond Inspection 29 completed Outfall sampling 41 completed

Marker Program - 306 markers

Stream Sampling Fulton County MOU Signed 7/1/09 Steam monitoring contract with CCR Stream monitoring performed 11/4/09



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Floodplain Services Contract Purpose map future 100-yr

floodplain for drainage areas greaterthan 100 acres

Kickoff meeting 1/14/09 Basin and stream network map 3/5/09

Phase 2 Map existing 100-yr

- Contract signed 9/25/09 Nancy Creek Draft 12/11/09 Long Island Draft 12/11/09 Marsh Creek Draft 12/23/09

Crooked Creek Draft 1/29/10- Final 2/25/09

FEMA Mapping- Scope meeting 6/4/09- Request made 6/25/09



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Watershed ImprovementPlanning Contract

Purpose Develop plans to

improve the health of the streamsin Nancy Creek and Long IslandCreek

Kickoff meeting 1/14/09

Stream walks completed 2/20/09

Developed CIP prioritizationmatrix

Developed WIP model

Draft report submitted 11/6/09

Working on Fecal TMDL plan



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Inventory Services Contract

Purpose Develop a map andvisual condition assessment

of storm sewer system in thecity

Notice to Proceed 12/17/08

Pilot Study started 12/29/08

Working in Marsh andCrooked Creek watersheds

Phase 2 approved in August18, 2009 City Council Meeting

CityofSandySpringsStormwat


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Status LandlotsTotal 130In process 130 (100%)Completed 64 (49%)

Stormwater Inventory


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Stormwater Maintenan

February 2

Stormwater

Public Works

Stormwater Maintenance Pr


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Project Scope Development Phas

Internal Scope Development

External Design Contract Development Phase

Annual Stand-by Contractors (New s

Public bid for large projects Construction Phase


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Stormwater System Repair/CImprovement Project Status


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Stormwater Maintenance Pr


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High Priority Projects


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Traffic ManageFiber Optic FY 10 P

February 2,

Public Works DTraffic Services

FY10 Goals Moving Traffic


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Funding

On a project by project basis

- No funding set aside in FY10 budget

Control \ Coordinate Traffic Signals-M

- Purchase order for 300 splices

Emergency fiber splicing contract

- Prevent downtime of system coordina

Provide improved traffic flow throusystems versus adding capacity

Reduce travel times- Saved $1.4 million in reduced delays

Traffic adaptive in certain areas

Timing is Everything


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Retime 80% of our traffic signals

Move toward traffic responsive or ada

- Roswell Rd (Abernathy to city limits)

- PTD, GDOT starting data collection

- Hammond, GDOT to start data collec

- Johnson Ferry, COSS to complete af

- Glenridge Connector, COSS to compPTD

- Riverside, GDOT starting data collec

- Northside Dr, GDOT starting data col

- New Northside Dr, GDOT starting da

FY10 Key Activities and Upd

F ilit M difi ti


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Facility Modifications

B&J Paving (splicing and installing on Abe

Webpage (Traffic Cameras) 67,400 Hits

Existing fiber along major routes includin

PO for 300 splices issued

- Dunwoody Place spicing complete, in

- Abernathy splicing complete Working with the PCID to get their fibe

have them we will be able to tie into thsplicing the two sets of fibers at Barfie

- 30 additional intersections and 15 ad

TMC Maintenance Contract Underway

2011 Needs


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Additional fiber

Northside Dr,

Johnson Ferry Rd,

Abernathy Rd,

Riverside Dr,

New Northside Dr

Make ready work (utilities)

Working with GDOT to bypass make

2011 Needs continued


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Maintenance contract

Need to continue maintenance contrawith Genesis Group.

- Updates equipment in TMC as neede

- Updates Fiber Master Plan

PCID Propose to PCID and the City of Dunw

signals and cameras to our TMC

- Assist in paying for maintenance- Another person in TMC?

- Additional equipment needed


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Intersection Imp

FY10 Program February 2, 2

Public Works Dep

Traffic Services

FY10 Intersection Improvem

Improve safety and efficiency for m


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Improve safety and efficiency for mpedestrians

Provide short term solutions to bo

traffic flow FY10 Budget - $500,000

- $26K funded for mast arms on Roswe

- $20K funded for continuing fiber splic- $454K to be used for construction pro

Contract

Control Specialist awarded contract. NTP by 1-12-10


T 7116 Dunwoody Place at Roberts Driv


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T-7116 Dunwoody Place at Roberts Driv

Mast arm installation

Overhead illuminates street sign installatio

Upgrade pedestrian facilities T-7128 Roswell Road at Dalrymple Road

Extend the EB left turn lane

Sidewalk construction

Revise school zone signs and beacons


T 7129 Roswell Road at Ison Road Pitts


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T-7129 Roswell Road at Ison Road-Pitts

Upgrade to mast arms Mast arms arrived

Upgrade detection

Realign Pitts road with Ison Road- Awaiting permit back from GDOT

T-7163 Northridge Road at Roberts Dr

Install ADA ramps

Upgrade pedestrian facilities Upgrade detection

2011 Budget Needs

Projects that may require ROW $u


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Projects that may require ROW $u

Designs for additional projects $3

Surveys for additional projects $2

Overhead street name signs $30

Construction $500K plus

Anticipate starting 2011 budget co


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Sidewalk Progra

February 2,

Public Works DeCM/PM Div

Sidewalk Program Projects


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FY08/09 Program Actions A

SITE COST


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SITE COST

Lake Forest Elementary Design $160,0

Ridgeview Middle Design $148,0 Spalding Elementary Design $113,7

Lake Forest Elementary $750,0

Ridgeview Middle, Phase 1 $281,4(+$380,00

FY10 Sidewalk Program - Gro

CDBG Sidewalks Design: $408 1


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CDBG Sidewalks Design: $408,1

Concept Plan in for Review

Working pre-buy of street lights (est. $

FY 10-1: Work Complete 11/12/09

T-6010-12: Roberts Spalding to Dun

FY 10-2: Design award recommen

T-6010-1: North Springs High School

T-6010-2: Ison Elementary

T-6010-3: Mt Vernon Highway at the L

T-6010-4: Abernathy at the Tennis Cen

T-6010-5: Hammond Dr Mt Vernon H

T-6010-12:Roberts Spalding

Bef


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e


FY 10-3: Award recommendation 1/


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FY 10 3: Award recommendation 1/ T-6010-6: Glenridge Hammond to John

T-6010-9:Glenridge Mt Vernon Hwy to

T-6010-14:Spalding Mt Vernon Hwy to

FY 10-4: Consultant interviews 1/28

T-6010-7: Glenridge Roswell Road to N

T-6010-10: Mount Paran Long Island to

T-6010-11: Long Island Roswell Rd to

T-6010-13: Glenridge Royervista to Hig

CDBG Sidewalk Design


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Morgan Falls ADA Sidewalks, Bids C i d $32 200


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o ga a s S de a s, dsConstruction underway -- $32,200

FY 10-5: Sole Source Contract La

T-6010-8: River Valley Amberidge to A

Highpoint Road ADA Sidewalks, IntDesign RFP to Purchasing end of

$160K constructionconsider in F

Morgan Falls ADA Sidewalk P


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FY11 Sidewalk Program

Continue emphasis on arterial/c


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p

Evaluate unfunded scored proje

Score new candidate sites as id

Add program elements for ADA

Upgrades to identified segments

Ramp replacement projects Revisit neighborhood sidewalk p

ROW Donation Criteria

FY11 Program Projection

SITE COST


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FY10 Unfunded

Mount Paran Roswell Road $80,000

to Long Island $250,000 Powers Ferry Whitmire $80,000

to Mount Paran $280,000

Mt. Vernon Road Orchard $65,000

to Spalding $250,000 Riverside Old Riverside to $120,000

River Valley Road $600,000

River Valley Road to $100,000Abernathy

Subtotal $1,825,00

FY11 Program Projection

FY11 Candidates to be Evaluated


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Johnson Ferry east of Peachtree-Dunw

Abernathy GA 400

to Peachtree-Dunwoody Mt. Vernon Hwy Vernon Blvd

to City Limit

FY10 Sidewalk Program Project Ba

Site Design Rid i Middl Ph 2


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Ridgeview Middle, Phase 2

Spalding Elementary

North Springs High School $30,000

Ison Elementary $90,000

Mt. Vernon Hwy at Library $10,000

Abernathy at Tennis Center $10,000

Hammond Dr Mt Vernon $45,000 Hwy to Lake Forrest

Glenridge Hammond to $30,000

Johnson Ferry

Glenridge Roswell Road $40,000

to Northland Drive

FY10 Sidewalk Program Project Ba

Site DesignRi V ll G $15 000


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River Valley Gap $15,000

Glenridge Mt Vernon Hwy $120,000

to Abernathy

Mount Paran Long Island $60,000

to Powers Ferry

Long Island Roswell Rd $40,000

to Mount Paran Roberts Spalding to City Limit

Glenridge Royervista $35,000

to Highpoint plus

Spalding Mt. Vernon Hwy $80,000

to Nesbitt Ferry

Estimated P


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To: Honorable Mayor and City Council Members


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From: Wendell K. Willard

Date: For Submission onto the February 2, 2010 City Council Wor

Agenda Item: Assignment of Morgan Falls Office Park lease (Assignm

Sandy Springs Public Facilities Authority (Authority) and the City of Sandy Springs (City)

City Attorneys Recommendation:

The City Attorneys Office recommends that the City Council consider t

documents and, if acceptable, approve the sublease to the City.

Background and Discussion:

A lease agreement for office space in the Morgan Falls Office Park (Oentered into between TSO Morgan Falls, LLC and CH2MHILL, Inc. on No2005, as amended March 24, 2006, December 14, 2006 and May 15, 2007lease agreement and subsequent amendments is referred to together as tThe Lease anticipated that the City would eventually accept an assignment and that the City would assume the obligations of CH2MHILL under the Lea

On December 18, 2007, the City Council considered and approved assignLease to the City. The assignment was to be accomplished pursuant to thlease assignment (the Assignment of Lease) from CH2MHILL to theapproved Assignment of Lease anticipated that the City of Sandy Springs w

a direct assignment of the Lease and that it would assume the obligations ounder the Lease, which has a term of over twelve (12) months.

Since the City cannot enter into a contractual arrangement to commit funds

On March 8, 2008, City Council approved the form of sublease agreeme


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On March 8, 2008, City Council approved the form of sublease agreemepresented to it at that time. Revisions have been made, which are traSublease Agreement attached hereto. The City will also be responsible for of an assignment fee in the amount of $2,000.00, pursuant to applicable pthe Lease.

Other documents that will be a part of the transaction are attached to this meinformation.

Attachments:

Sublease Agreement between the Authority and the CitySublease Agreement between the Authority and the City (with revisions note

Assignment of LeaseLandlords Consent to Assignment

SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (the Sublease) is made and entered i

______ day of ____________, 2009, by and between the City of Sandy Springs Pu

Authority, a political subdivision of the State of Georgia (Sublessor) and the C


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Springs, a Georgia municipal corporation (Sublessee );

WITNESSETH:

WHEREAS, under the instructions and direction of Sublessee, CH2MHILL,

corporation (CH2MHILL), entered into a Lease Agreement with TSO Morgan

Georgia limited liability company (the TSO) dated November 30, 2005, as amend

Amendment to Lease Agreement dated March 24, 2006, a Second Amendm

Agreement dated December 14, 2006 and a Third Amendment to Lease Agreement d

2007 (together, the Agreement), a copy of which is attached hereto as Exhibit A and

made a part hereof. Pursuant to the Agreement, CH2MHILL leased from TSO c

located at Morgan Falls Office Park, 7840 Roswell Road, Sandy Springs, Georg

Offices); and

WHEREAS, Sublessee entered into an agreement with CH2MHILL for the

professional services dated January 1, 2006 pursuant to which CH2MHILL agreed to

the Offices from TSO with Sublessee eventually accepting an assignment of the Ag

Sublessee assuming the obligations under the Agreement; and

WHEREAS, Morgan Falls Realty, LP (the Landlord) acquired all right titl

Assignment), a copy of which is attached hereto as Exhibit B and by reference

hereof, and Landlords consent to the Assignment is required pursuant to the Agreeme

WHEREAS, the Assignment provided that the Offices would be subleased by

Sublessee and that Sublessee would unconditionally and absolutely agree to accept an


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of Sublessors obligations under the Agreement;

NOW THEREFORE, for and in consideration of the mutual covenants an

hereinafter contained, the parties hereto agree as follows:

ARTICLE 1. SUBLEASE

1.1 Sublessees Obligations. Sublessee unconditionally and absolutely ag

and perform all of Sublessors obligations under the Agreement to the fullest ext

under Georgia law. Sublessee is authorized to deal with Landlord directly in all mat

the Agreement. Sublessee shall not do or permit to be done anything that woul

breach or default of Sublessors obligations in the Agreement.

1.2 Sublessors Obligations. Sublessor agrees to comply with all o

obligations in the Agreement. Sublessor agrees not to do anything to disturb Subless

Offices pursuant to this Sublease, provided Sublessee is not in breach or default of a

in this Sublease. Sublessor agrees that Landlords acceptance of payments from S

direct communication with Sublessee shall not be deemed a release or waiver of Sub

under the Agreement, and Sublessor shall ratify and affirm any agreements as betwe

and Landlord with regard to the Offices, specifically including but not limited to any a

ARTICLE 2. TERM

The term of this Sublease shall be deemed to have commenced on March

shall expire as provided in the Agreement, unless earlier terminated according to the

Agreement or this Sublease. Notwithstanding the foregoing, the parties acknowledge


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to O.C.G.A. 36-60-13 Sublessee is authorized to enter into multi-year leases pro

lease term shall expire at the close of each calendar year, with annual autom

Accordingly, the term of the Sublease shall be automatically renewed each January

term of the Agreement, unless Sublessee shall give written notice to Landlord and Su

will not renew the Sublease not less than ninety (90) days prior to the end of the

Subject to the automatic renewals set forth herein the term of the Sublease shall be

with the expiration/termination of the term of the Agreement.

ARTICLE 3. RENT

Sublessee shall pay all monetary obligations of Sublessor under the Agreem

make such payments directly to Landlord upon the terms and conditions set

Agreement. Notwithstanding the Sublease, Sublessor shall remain liable for the p

amounts due under the Agreement and performance of all of its duties under th

throughout the term of the Agreement.

ARTICLE 4. MISCELLANEOUS

Sublessee represents that it has read the Agreement and that the terms of the

subject and subordinate to the terms and provisions of the Agreement. As a material

by Landlord, to ensure payment and performance by Sublessee. This Sublease shal

by Landlord strictly subject to the terms hereinafter set forth in Landlords Consent to

IN WITNESS WHEREOF, the parties hereto have caused this Subleas


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executed as of the date first above written.

SUBLESSOR: City of Sandy Springs Public Facilities

By: ____________________________Its: ____________________________

Attest:

By: _________________________Print Name: ___________________

Title: ________________________

SUBLESSEE: City of Sandy Springs

By: ____________________________Its: ____________________________

Attest:

By: _________________________Print Name: ___________________Title: ________________________

Consent by Landlord: The undersigned as Landlord under the Agreement hereby c

foregoing Sublease and the Assignment referenced therein on the express condi

of the Agreement; 3) there shall be no further sublease or assignment of the Agreeme

express consent of Landlord; 4) in consideration for Landlords consent to the Su

event of a default by Sublessee, Sublessor shall exercise all rights and remedies availa

Agreement, the Sublease and Georgia law, as requested and approved by Landlo

payment and performance by Sublessee of its obligations; 5) all outstanding balan


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Agreement shall be rendered current, as described on Exhibit C to the Subl

CH2MHILL shall acknowledge Landlords consent to Assignment, affirming its cont

under the Lease and its obligation to render current all outstanding balances under t

as described on Exhibit C to the Sublease.

Consented to, Acknowledged, and App

Landlord:Morgan Falls Realty, LPA Georgia limited partnership

By: Morgan Falls Realty General PartneIts: General Partner

By: __________________A. Boyd Simpson

Its: Manager

Attest:

By: _________________________Print Name: ___________________Title: ________________________

Acknowledged and Affirmed by:

CH2MHILL, INC.

EXHIBIT A

AGREEMENT(Lease Agreement, First Amendment to Lease Agreement, Second Amendment

Agreement, Third Amendment to Lease Agreement)


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EXHIBIT B

ASSIGNMENT OF LEASE(Dated March 31, 2008)


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EXHIBIT C

ASSIGNMENT FEE AND OUTSTANDING OBLIGATIONS

Obligation Amount Responsible Party


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Assignment Fee $ 2,000.00 City of Sandy Springs, Ge

Late Fees and Penalties $12,389.72 CH2MHILL

SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (the Sublease) is made and entered into as of this

d f 2009 b d b h Ci f S d S i P bli F ili i

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______ day of ____________, 2009, by and between the City of Sandy Springs Public Facilities

Authority, a political subdivision of the State of Georgia (Sublessor) and the City of Sandy

Springs, a Georgia municipal corporation (Sublessee );

WITNESSETH:

WHEREAS, under the instructions and direction ofSublessee, CH2MHILL, Inc., a Florida

corporation (CH2MHILL), entered into a Lease Agreement with TSO Morgan Falls, LLC, a

Georgia limited liability company (the TSO) dated November 30, 2005, as amended by a First

Amendment to Lease Agreement dated March 24, 2006, a Second Amendment to Lease

Agreement dated December 14, 2006 and a Third Amendment to Lease Agreement dated may 15,

2007 (together, the Agreement), a copy of which is attached hereto as Exhibit A and by reference

made a part hereof. Pursuant to the Agreement, CH2MHILL leased from TSO certain offices

located at Morgan Falls Office Park, 7840 Roswell Road, Sandy Springs, Georgia 30350 (the

Offices); and

WHEREAS, Sublessee entered into an agreement with CH2MHILL for the provision of

professional services dated January 1, 2006 pursuant to which CH2MHILL agreed to initially lease

the Offices from TSO with Sublessee eventually accepting an assignment of the Agreement, and

Sublessee assuming the obligations under the Agreement; and

WHEREAS, Morgan Falls Realty, LP (the Landlord) acquired all right title and interest

of TSO in and to the Agreement and the Offices effective on or about November 20, 2007; and

WHEREAS, CH2MHILL assigned the Agreement to Sublessor, an affiliate ofSublessee

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Assignment), a copy of which is attached hereto as Exhibit B and by reference made a part

hereof, and Landlords consent to the Assignment is required pursuant to the Agreement; and

WHEREAS the Assignment pro ided that the Offices o ld be s bleased b S blessor to

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WHEREAS, the Assignment provided that the Offices would be subleased by Sublessor to

Sublessee and that Sublessee would unconditionally and absolutely agree to accept and perform all

of Sublessors obligations under the Agreement;

NOW THEREFORE, for and in consideration of the mutual covenants and agreements

hereinafter contained, the parties hereto agree as follows:

ARTICLE 1. SUBLEASE

1.1 Sublessees Obligations. Sublessee unconditionally and absolutely agrees to accept

and perform all of Sublessors obligations under the Agreement to the fullest extent permitted

under Georgia law. Sublessee is authorized to deal with Landlord directly in all matters related to

the Agreement. Sublessee shall not do or permit to be done anything that would constitute a

breach or default of Sublessors obligations in the Agreement.

1.2 Sublessors Obligations. Sublessor agrees to comply with all of Sublessors

obligations in the Agreement. Sublessor agrees not to do anything to disturb Sublessees use of the

Offices pursuant to this Sublease, provided Sublessee is not in breach or default of any obligation

in this Sublease. Sublessor agrees that Landlords acceptance of payments from Sublessee and

direct communication with Sublessee shall not be deemed a release or waiver of Sublessors duties

under the Agreement, and Sublessor shall ratify and affirm any agreements as between Sublessee

and Landlord with regard to the Offices, specifically including but not limited to any agreements as

to repairs made by Landlord.

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ARTICLE 2. TERM

The term of this Sublease shall be deemed to have commenced on March 31, 2008 and

shall expire as provided in the Agreement unless earlier terminated according to the terms of the

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shall expire as provided in the Agreement, unless earlier terminated according to the terms of the

Agreement or this Sublease. Notwithstanding the foregoing, the parties acknowledge that pursuant

to O.C.G.A. 36-60-13 Sublessee is authorized to enter into multi-year leases provided that the

lease term shall expire at the close of each calendar year, with annual automatic renewal.

Accordingly, the term of the Sublease shall be automatically renewed each January 1 st during the

term of the Agreement, unless Sublessee shall give written notice to Landlord and Sublessor that it

will not renew the Sublease not less than ninety (90) days prior to the end of the calendar year.

Subject to the automatic renewals set forth herein the term of the Sublease shall be co-terminous

with the expiration/termination of the term of the Agreement.

ARTICLE 3. RENT

Sublessee shall pay all monetary obligations of Sublessor under the Agreement, and shall

make such payments directly to Landlord upon the terms and conditions set forth in the

Agreement. Notwithstanding the Sublease, Sublessor shall remain liable for the payment of all

amounts due under the Agreement and performance of all of its duties under the Agreement

throughout the term of the Agreement.

ARTICLE 4. MISCELLANEOUS

Sublessee represents that it has read the Agreement and that the terms of the Sublease are

subject and subordinate to the terms and provisions of the Agreement. As a material inducement to

the approval by Landlord of the Assignment and the Sublease, Sublessor represents that in the

event of a default by Sublessee under the Agreement or the Sublease, Sublessor shall exercise all

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by Landlord, to ensure payment and performance by Sublessee. This Sublease shall be approved

by Landlord strictly subject to the terms hereinafter set forth in Landlords Consent to Sublease.


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IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be duly

executed as of the date first above written.

SUBLESSOR: City ofSandy Springs Public Facilities Authority

By: _____________________________Its: _____________________________

Attest:

By: _________________________

Print Name:___________________Title: ________________________

SUBLESSEE: City of Sandy Springs

By: _____________________________Its: _____________________________

Attest:

By: _________________________Print Name:___________________Title: ________________________

Consent by Landlord: The undersigned as Landlord under the Agreement hereby consents to the

foregoing Sublease and the Assignment referenced therein on the express conditions that :1)Sublessor shall be and continue to remain liable for the payment of all amounts due under the

Agreement and the performance of each and every term, covenant and condition of the Agreement

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of the Agreement; 3) there shall be no further sublease or assignment of the Agreement without the

express consent of Landlord; 4) in consideration for Landlords consent to the Sublease, in the

event of a default by Sublessee, Sublessor shall exercise all rights and remedies available under the

A t th S bl d G i l t d d d b L dl d t


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Agreement, the Sublease and Georgia law, as requested and approved by Landlord, to ensure

payment and performance by Sublessee of its obligations; 5) all outstanding balances under the

Agreement shall be rendered current, as described on Exhibit C to the Sublease; and 6)

CH2MHILL shall acknowledge Landlords consent to Assignment, affirming its continued liability

under the Lease and its obligation to render current all outstanding balances under the Agreement

as described on Exhibit C to the Sublease.

Consented to, Acknowledged, and Approved:

Landlord:Morgan Falls Realty, LP

A Georgia limited partnership

By: Morgan Falls Realty General Partner, LLCIts: General Partner

By: __________________A. Boyd Simpson

Its: Manager

Attest:

By: _________________________Print Name:___________________Title: ________________________


CH2MHILL, INC.

By: _______________________Its: _______________________

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EXHIBIT A

AGREEMENT(Lease Agreement, First Amendment to Lease Agreement, Second Amendment to Lease

Agreement, Third Amendment to Lease Agreement)

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g g

EXHIBIT B

ASSIGNMENT OF LEASE(Dated March 31, 2008)

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EXHIBIT C


Obli i A R ibl P


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Assignment Fee $ 2,000.00 City ofSandy Springs, Georgia


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Landlords Consent to Assignment

CH2MHILL, Inc., a Florida corporation, as Tenant (hereinafter Tenant) under tLease, originally dated November 30, 2005, as amended (the Lease with any amenhereinafter Agreement), for premises containing certain offices located at Morgan F

Park, 7840 Roswell Road, Sandy Springs, Georgia 30350, has requested the consLandlord, Morgan Falls Realty, LP, to the assignment of the Agreement (Assignment) from Tenant to the City of Sandy Springs Public Facilities Authority,subdivision of the State of Georgia. Landlord hereby grants its consent to the Assignmshall be deemed effective March 31, 2008, strictly provided that: a) the Assignmen


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, , y p ) gserve as a release of Tenants liability under the Agreement, it being acknowledged thliability survives the Assignment, and any renewal or extension of the Agreement; Assignment fee, as required in paragraph 21 of the Agreement, and all outstanding ba

under the Agreement are paid as described in Exhibit A attached hereto.

Executed this _________ day of _____________________, 2010.

Morgan Falls Realty, LPA Georgia limited partnership

By: Morgan Falls Realty General Partner, LIts: General Partner

By: __________________A. Boyd Simpson

Its: Manager


CH2MHILL, INC.

By: _______________________Its: _______________________

EXHIBIT A




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Assignment Fee $ 2,000.00 City of Sandy Springs, Ge



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mayor and city council work session - 02.02.2010

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