City of Atlanta
Georgia

Ordinance
19-O-1251

AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH, MATT WESTMORELAND AND JENNIFER N. IDE AUTHORIZING THE CHIEF PROCUREMENT OFFICER OR HIS DESIGNEE, ON BEHALF OF THE CITY OF ATLANTA ("CITY"), TO ACQUIRE FROM THE CONSERVATION FUND ("TCF") APPROXIMATELY 7.1 ACRES OF REAL PROPERTY LOCATED AT 2217 BROWNS MILL RD SE, ATLANTA, GEORGIA 30315 AND 406 RHINEHILL RD SE, ATLANTA, GEORIGA 30315, FULTON COUNTY TAX PARCEL ID NUMBERS 14-0038-0008-007-4 AND 14-0038-0008-101-5, RESPECTIVELY("PROPERTY") FOR DEVELOPMENT AS A PARK AND FOOD FOREST IN CITY COUNCIL DISTRICT 1; AUTHORIZING THE MAYOR OR HER DESIGNEE, ON BEHALF OF THE CITY, TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY; AUTHORIZING ACQUISITION COSTS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTYSEVEN THOUSAND THREE HUNDRED EIGHTY FOUR DOLLARS AND ZERO CENTS ($157,384.00) TO BE PAID FROM DEVELOPMENT IMP ACT FEES PARKS SOUTH; AMENDING THE 2019 GENERAL GOVERNMENT CAPITAL OUTLAY FUND BUDGETS IN THE DEPARTMENT OF PARKS AND RECREATION AND FINANCE PARKS SOUTH SERVICE DISTRICT BY TRANSFERRING TO AND FROM VARIOUS ACCOUNTS; WAIVING SECTION 2-1541 OF THE PROCUREMENT AND REAL ESTATE CODE OF THE CITY CODE OF ORDINANCES, ARTICLE X; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 1 Carla Smith, Councilmember, District 6 Jennifer N Ide, Councilmember, Post 2 At Large Matt Westmoreland
Category:Personal PaperFunctions:None Required

Body

WHEREAS, parks, greenspace and recreation are an integral part of the fabric of the City of Atlanta "City"); and

WHEREAS, pursuant to Resolution No. 16-R-3000 adopted by the Atlanta City Council on January 4, 2016 and approved by operation of law on January 13, 2016, the City was authorized to apply for and accept a grant for the U.S. Forest Service Community Forest and Open Space Conservation Program. ("Community Forest and Open Space Program") for the purpose of creating a community forest and open space; and

 

WHEREAS, the City received a grant from the Community Forest and Open Space Program in the amount of$86,150.00 (the "Grant") to establish the City's first, and nation's largest, Urban Food Forest to be named the Urban Food Forest at Browns Mill (the "Urban Food Forest") on a 7.1 acre site located at 2217 Browns Mill Rd SE and 406 Rhinehill Rd SE, Fulton County Tax Parcel ID Numbers 14-0038-0008-007-4 and  14-0038-0008-101-5, respectively, as depicted in Exhibit A,  attached hereto (the "Property"); and

 

WHEREAS, a Community Vision Plan, in accordance with the Atlanta Community Engagement Playbook has been completed for the Urban Food Forest to transform these formerly vacant properties into a public park with edible trees, shrubs, vines and groundcover, and into public gathering spaces, walking trails, community garden beds and a restored forest and stream-side areas; and

 

WHEREAS, Community-based organizations have and continue to support the planning, design, implementation, programming and operations at the Urban Food Forest. Under the leadership and support of Honorable Council Member Carla Smith, District 1. Which includes; The Department of

 

Parks and Recreation, The Office ofResilience, The Office of One Atlanta, Greening Youth Foundation,

The Conservation Fund, U.S. Forest Service, Georgia Forestry Commission, National Parks Service,

Park Pride, Inc., Trees Atlanta, UGA Extension, Fruit Forward, Georgia Food Oasis, Outward Bound

Atlanta, Stand Landscape Architecture, Sustenance Design LLC, Cracks in the Sidewalk Farm, and

Concrete Jungle. Numerous volunteer and educational events have been hosted at the Food Forest,

including local schools and a variety of non-profit and corporate partners, supporting the initial build out

of the Food Forest; and

WHEREAS, the U.S. Forest Service has provided a total of $164,500.00 in grant funding for the

establishment of the Urban Food Forest, inclusive of the Community Forest and Open Space Program grant, in addition to significant U.S. Forest Service staff support towards workforce training, community engagement and environmental education activities onsite; and

WHEREAS, The Conservation Fund ("TCF") has supported the Urban Food Forest project through their Parks with Purpose Program, providing staff resources and community engagement activities, event planning, and fundraising, securing grants totaling $23,000.00; and

 

WHEREAS, Trees Atlanta is leading onsite educational programs dedicated to restoring and protecting the urban canopy and has secured $121,500.00 for the Urban Food Forest, allowing them to hire two part-time staff for the Urban Food Forest, including a Browns Mill Food Forest Ranger and a Browns Mill Food Forest Community Workforce Educator; and

 

WHEREAS, the City wishes to leverage the grant from the Community Forest and Open Space

Program and contributions from the philanthropic community to support the Urban Food Forest project; and

 

WHEREAS, the acquisition of the Property is consistent with the Office of One Atlanta's goal to

strengthen local food economy to ensure %85 of the City residents are within one-half mile of fresh food access by 2021; and

 

WHEREAS, a trust fund for the Urban Food Forest ("Trust Fund") will be established to provide

advocacy, outreach, programmatic support, maintenance and operations related to the Urban Food Forest; and

 

WHEREAS, the City of Atlanta Department of Parks and Recreation ("DPR") is the department

responsible for oversight of the Property and the Trust Fund; and

 

WHEREAS, Trees Atlanta, will maintain the Urban Food Forest with dedicated staff and funding for a period of two years; and

 

WHEREAS, standard DPR maintenance activities will be covered for a period of two years by the remaining endowment and grant dollars, for activities such as mowing, trimming, pulling trash, etc.; and

 

WHEREAS, Trees Atlanta, will advocate, raise dollars and apply for grants to support the long-term maintenance, sustainability, improvements of the Urban Food Forest; and

 

WHEREAS, it is the intent of DPR to establish a Memorandum of Agreement via legislation for long term maintenance, operations, improvements and education at the Urban Food Forest; and

 

 

 

WHEREAS, the Urban Food Forest will host a unique food-producing landscape and require organic land care strategies to ensure proper care for no less than 10-year from the date of this legislation; and

 

WHEREAS, the Trust Fund will provide an endowment to the Urban Food Forest and other future

Urban Food Forests for advocacy, outreach, programmatic support, maintenance and operations; and

 

WHEREAS, the Office of One Atlanta is committed to continued support of the Urban Food Forest with staffing assistance and will to continue to liaison with the philanthropic community for further investments and endowments to the Urban Food Forest; and

 

WHEREAS, TCF is a non-profit, 501 (c) (3) organization, whose mission is to acquire and hold real properties until the respective public agencies have funds to purchase the properties; and

 

WHEREAS, the Property qualifies as "parks and recreation facilities" within the meaning of the City of Atlanta Development Impact Fee ordinance and funds are available in the Park Impact Fee South service area to fund the costs of such acquisition, including but not limited to title searches, surveys, title insurance, closing costs, and purchase price.

 

NOW, THEREFORE, THE CITY COUNCIL  OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

 

SECTION 1: The Chief Procurement Officer ("CPO") or his designee, on behalf of the City, is hereby authorized to negotiate with The Conservation Fund ("TCF") to purchase all or part of parcel numbers

14-0038-0008-007-4 and 14-0038-0008-101-5 located at 2217 Browns Mill Rd. SE, Atlanta, Georgia

30315 and 406 Rhinehill Rd. SE, Atlanta, Georgia 30315, respectively ("Property"), at or no greater than fair market value as determined by an appraisal approved by the CPO or his designee (the "Purchase Price"). The Property is approximately depicted on Exhibit  A, attached hereto and incorporated herein by this reference.

 

SECTION 2:  The CPO or his designee is authorized to obtain and pay for surveys, title reports, environmental assessments, and appraisals and such other due diligence items deemed necessary or desirable for the acquisition of the Property (the "Due Diligence") and other items or services necessary to purchase the Property, including but not limited to title insurance, real estate service fees, site development, site security, signage, site stabilization, fencing, closing costs, development costs and other costs of acquisition (collectively, the "Due Diligence and Purchase Services").

 

SECTION 3: The Purchase Price and Due Diligence and Purchase Services shall not exceed a total of One Hundred Fifty-Seven Thousand Three Hundred Eighty-Four Dollars and Zero Cents ($157,384.00) and shall be paid from Park Impact Fee South Service District 14201997 (Project), 134 (Task) 350291108 (Award), 5411001 (Expense Type Land).

 

SECTION 4: The 2019 General Government Capital Outlay Fund Budget, Department of Parks and Recreation and Finance Parks South Service District is hereby amended as follows:

 

 

 

 

 

TRANSFER FROM APPROPRIATIONS

 

One Hundred Fifty-Seven Thousand Three Hundred Eighty-Four Dollars and Zero Cents $157,384.00 from 3502 3502 (General Government Capital Outlay Fund) 100101 (DOF Chief Financial Officer) 5999999 (Reserve Conversion Account-Class 1) (Chief executive)1320000 (Admin. Development Recoupment Fees) 201072 (Dev Recoup Fees) 91108 (Dev Impact Fees Parks South)

 

 

Project

10201072

Development Recoupment Fees

Task

101

Development Recoupment Fees

Award

350291108

Dev. Recoup Fees-Parks South

Expense

5999901

Projects and Grants Budget

Org City of Atlanta

COA

City of Atlanta

$157,384.00

 

TRANSFER TO APPROPRIATIONS

 

PTAEO

 

 

 

GENERAL LEDGER

 

 

PROJECT NUMBER

14201997

GREENSPACE PGM; PARKS

 

FUND

3502

GENERAL GOVERNME NT CAPITAL OUTLAY

TASK NUMBER

134

Green Space Browns Mill Food Forest

 

GLDEPT

140106

PRCPARKS DESIGN

AWARD NUMBER

350291108

D.I.F Parks-South

 

Expense Acct

5999999

Projects and Grants

Expense Account

5411001

Land

 

Function/Activity

6220000

Park Areas

OwningOrg

COA

City of Atlanta

 

GL Project

201997

Green space PGM; Parks

 

 

 

 

GLFUNDING SOURCE

91108

D.I.F. PARKS SOUTH

TOTAL                                                $157,384.00

 

 

SECTION 5: The Property is hereby dedicated as a public park and the Department of Parks and Recreation, is hereby charged with all responsibility for the Property and shall retain the Property in perpetuity as a public park. Nothing in this Ordinance shall prohibit the development of the Property for uses consistent with generally accepted park and recreation activities, including, but not limited to trails, playgrounds, picnic areas, parking, and passive and active recreational facilities. Nothing in this section shall preclude one or more neighborhood groups or a private entity from maintaining all or part of the Property pursuant to an agreement with the City.

 

 

SECTION 6: The Property, upon acquisition, is hereby named the "Urban Food Forest at Browns Mill", without the need for further authorization by the City Council.

 

 

SECTION 7: To the extent that any time, resources, funds, site improvements or other items are donated to the City in connection with the development of the Urban Food Forest at Browns Mill, the Mayor or her designee is authorized on behalf of the City to accept the donations pursuant to Article 1, Section 1-102(c) (7) of the City of Atlanta Code of Ordinances.

 

 

SECTION 8: The requirements of Article X, Division 14, Subdivision II, Section 2-1541 ofthe City of Atlanta Code of Ordinances, are waived, for the purposes of this Ordinance only, to allow the purchase of the Property on behalf of the City without further authorization by the City Council.

 

SECTION 9: The Mayor or her designee, on behalf of the City, is authorized to execute any and all deeds, instruments or other documents that the City Attorney deems to be necessary or advisable in order to carry into effect the intent of this Ordinance.

 

SECTION 10:  The City Attorney is hereby directed to prepare, for execution by the Mayor or her designee, on behalf of the City, any and all deeds, instruments, or other documents that the City Attorney deems necessary or advisable to carry into effect the intent of this Ordinance.

 

SECTION 11: Said deeds, instruments, or other documents shall not become binding upon the City, and the City shall incur neither obligation nor liability thereunder, until the same has been approved by the City Attorney as to form, attested to by the Municipal Clerk, and signed by the Mayor.

 

SECTION 12:  All ordinances and parts of ordinances in conflict herewith are hereby waived for purposes of this Ordinance only, and only to the extent of the conflict.

 

 

Meeting History

May 6, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 14, 2019 12:00 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Joyce M Sheperd, District 12
SECONDER:Matt Westmoreland, Post 2 At-Large
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Dustin Hillis, Marci Collier Overstreet, Joyce M Sheperd, Matt Westmoreland, Antonio Brown
May 20, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:ADOPTED [UNANIMOUS]
AYES:Felicia A Moore, Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis, Andrea L Boone
ABSENT:Cleta Winslow, Marci Collier Overstreet, Joyce M Sheperd