City of Atlanta
Georgia

Ordinance
20-O-1216
Adopted as Amended
May 4, 2020 1:00 PM

AN ORDINANCE BY COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE AS AMENDED BY THE ATLANTA CITY COUNCIL AUTHORIZING THE DEPARTMENT OF PARKS AND RECREATION TO UTILIZE THE CITY OF ATLANTA TREE TRUST FUND AS THE SOURCE OF FUNDING FOR MAINTENANCE ACTIVITIES FOR PROPERTY DESIGNATED, IN PERPETUITY AS FOREST LAND, ON 216 ACRES OF REAL PROPERTY LOCATED AT 0 FORREST PARK RD SE, FULTON COUNTY TAX PARCEL ID NUMBERS 14-0003-LL-017-3, 14-0002-LL-024-0, 14-0004-LL-049-5, 14-0004-LL-053-7 FOR THE PROTECTION, MAINTENANCE, AND REGENERATION OF TREES AND OTHER FOREST RESOURCES AS AUTHORIZED UNDER CITY CODE SECTION 158-66 (B); IN AN AMOUNT NOT TO EXCEED TWO MILLION TWO HUNDRED NINETY-FOUR THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS AND THIRTY-TWO CENTS ($2,294,834.32); TO BE PAID FROM THE TREE TRUST FUND USING THE FUND AND ACCOUNT INFORMATION LISTED HEREIN; AND FOR OTHER PURPOSES.

Information

Department:Planning and Community DevelopmentSponsors:
Category:Community DevelopmentFunctions:Law - Jonathan S Futrell

Item Discussion

(Referred back by Full Council 4/20/20)

Body

WHEREAS, greenspace is an integral part of the fabric of the City of Atlanta ("City"); and

 

WHEREAS, Ordinance 16-0-1353, adopted by the City Council on November 21, 2016 and approved as per City Charter Section 2-403 on November 30, 2016 (codified as City Code Sec. 158-66(b)), authorizes the City to procure privately-owned afforested property containing i) 80 percent or more canopy cover; ii) minimum forestation standards of 1,000 DBH inches; and/or iii) 50 mature trees per acre ("minimum eligibility criterion"); and

 

WHEREAS, in addition to meeting one or more of the minimum eligibility criterion, the aforementioned city code section requires that the property: i) be dedicated and preserved in perpetuity as forested land; ii) be available for public use without cost (subject to park rules and other applicable city ordinances); and c) use of the property be restricted to passive recreational activities with minimal environmental impact, as determined and established in writing by the department of parks and recreation commissioner based on the characteristics of the property; and

 

WHEREAS, the City has identified property located at 0 Forrest Park Rd SE, Fulton County tax parcel ID numbers; 14-0003-LL-017-3, 14-0002-LL-024-0, 14-0004-LL-049-5, 14-0004-LL-053-7 (the "Property") approximately depicted in Exhibit A, attached hereto and incorporated herein by this reference that it has determined should be preserved as afforested land in perpetuity for its high conservation value; and

 

WHEREAS, the Property meets the minimum eligibility criterion, including preserving and contributing to the South River watershed, and it is in the best interest of the City to acquire the Property as forested land in perpetuity and shall be available for public use without cost (subject to City of Atlanta rules and other ordinances); and

 

WHEREAS, following the acquisition of the Property, the City of Atlanta Department of Parks and Recreation (“DPR”) is the department responsible for oversight of the Property; and

WHERAS, as specified in the code section 158-66 (b), a Property Maintenance Plan and Budget has been created that specifies the types of maintenance and improvements that will be needed at the property for the next five years depicted in Exhibit B attached hereto and incorporated herein by this reference; and

 

WHEREAS, the Property Maintenance Plan will describe the types of maintenance that may be needed at the Property, will estimate the Property's annual maintenance cost, and will identify the source of funding for the estimated annual maintenance cost; and

 

WHEREAS, as authorized under city code section 158-66, to the extent that the commissioner identifies the tree trust fund as the source of maintenance funding, any specific allocation of maintenance dollars from the tree trust fund shall be authorized as a separate procurement or expenditure, in a manner consistent with applicable city ordinances; and

 

WHEREAS, funding from the Tree Trust Fund will be allocated to DPR or their designee as prescribed in the Property Maintenance Plan to conduct maintenance on the property; and

 

WHEREAS, the Department of Parks and Recreation will be required to submit subsequent legislation for authorization to use additional Tree Trust Funds and after the first five year maintenance term is complete for ongoing maintenance if Tree Trust Funds are identified as the source of maintenance funding for the property.

 

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA

HEREBY Ordains AS FOLLOWS:

 

SECTION 1: The Department of Parks and Recreation, on behalf of the City, is hereby authorized to allow for the use of Tree Trust Funds for maintenance purposes as provided in 158-66 (b) and attached as Exhibit B: Maintenance and Management Plan for O Forrest Road.

 

SECTION 2: The Authorized Amount shall not exceed a total of two million, two hundred ninety-four thousand, eight hundred thirty-four dollars and thirty two cents ($2,294,834.32) for a period of five years and shall be paid from the Tree Trust Fund enumerated in Section 3.

 

SECTION 3: The costs of the maintenance and management plan shall be charged to and paid from the amended FY2021 through FY2025 Tree Trust Fund as follows:

 

Fund 7701 Trust Fund, Department 140201 PRC Parks Administration, Account 5212001 Consulting /Professional Services  6210000 Park Administration, Project 600013 Tree Removal Protection, 69999 Funding Source for Non Capital Trust.

 

FY2021 - Year 1 of Maintenance

 

TRANSFER FROM APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

250101

PCD COMMISSIONER

AWARD NUMBER

NIA

NIA

 

ACCT

5239004

SERVICE GRANTS

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

1320000

CHIEF EXECUTIVE

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL PROTECTION

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$508,778.52

 

ADD TO APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

140201

PRC PARKS ADMIN

AWARD NUMBER

NIA

NIA

 

ACCT

5212001

CONSULTANT PROF. SERVICES

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

6210000

PARK ADMIN

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$508,778.52

 

              FY2022 - Year 2 of Maintenance

 

TRANSFER FROM APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

250101

PCD COMMISSIONER

AWARD NUMBER

NIA

NIA

 

ACCT

5239004

SERVICE GRANTS

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

1320000

CHIEF EXECUTIVE

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL PROTECTION

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$522,877.68

 

ADD TO APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

140201

PRC PARKS ADMIN

AWARD NUMBER

NIA

NIA

 

ACCT

5212001

CONSULTANT PROF. SERVICES

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

6210000

PARK ADMIN

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$522,877.68

 

FY2023 - Year 3 of Maintenance

 

TRANSFER FROM APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

250101

PCD COMMISSIONER

AWARD NUMBER

NIA

NIA

 

ACCT

5239004

SERVICE GRANTS

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

1320000

CHIEF EXECUTIVE

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL PROTECTION

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$599,617.99

 

ADD TO APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

140201

PRC PARKS ADMIN

AWARD NUMBER

NIA

NIA

 

ACCT

5212001

CONSULTANT PROF. SERVICES

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

6210000

PARK ADMIN

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$599,617.99

 

FY2024 - Year 4 of Maintenance

 

TRANSFER FROM APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

250101

PCD COMMISSIONER

AWARD NUMBER

NIA

NIA

 

ACCT

5239004

SERVICE GRANTS

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

1320000

CHIEF EXECUTIVE

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL PROTECTION

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$358,021.70

 

ADD TO APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

140201

PRC PARKS ADMIN

AWARD NUMBER

NIA

NIA

 

ACCT

5212001

CONSULTANT PROF. SERVICES

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

6210000

PARK ADMIN

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$358,021.70

 

FY2025 - Year 5 of Maintenance

 

TRANSFER FROM APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

250101

PCD COMMISSIONER

AWARD NUMBER

NIA

NIA

 

ACCT

5239004

SERVICE GRANTS

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

1320000

CHIEF EXECUTIVE

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL PROTECTION

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$305,538.43

 

ADD TO APPROPRIATIONS

PTAEO

 

GENERAL LEDGER

PROJECT NUMBER

NIA

NIA

 

FUND

7701

TRUST FUND

TASK NUMBER

NIA

NIA

 

GLDEPT

140201

PRC PARKS ADMIN

AWARD NUMBER

NIA

NIA

 

ACCT

5212001

CONSULTANT PROF. SERVICES

EXPENSE ACCOUNT

NIA

NIA

 

FUNCTION/ACTIVITY

6210000

PARK ADMIN

OWNING ORG

NIA

NIA

 

GLPROJECT

600013

TREE REMOVAL

 

 

 

 

GL FUNDING SOURCE

69999

NON CAPITAL

TOTAL

 

 

 

 

 

$305,538.43

 

SECTION 4: The Property is dedicated as a Tree Trust Fund Acquisition and the City of Atlanta shall retain the Property in perpetuity as public forested land with passive recreational facilities, provided that such facilities are developed and managed to have minimal environmental impact, as determined and established based on the characteristics of the property.

 

SECTION 5: The Property shall be available for public use without cost (subject to City of Atlanta rules and other ordinances).

SECTION 6: Attached to this ordinance as Exhibit B is the maintenance plan for the Property. This plan describes the types of maintenance that may be needed at the Property, estimates the Property's annual maintenance cost, and identifies the source of funding for the estimated annual maintenance cost.

 

SECTION 7: Additional requests for use of funds from the Tree Trust Fund for the maintenance of the property will require authorizing legislation.

 

SECTION 8: Pursuant to Section 158-66(b)(2) of the City of Atlanta Code of Ordinances, any and all future uses of the Tree Trust Fund for maintenance plans of any new properties must be evaluated on a case by case basis and receive Council authorization prior to use and disbursement of the funds.

 

 

 

 

Meeting History

Mar 10, 2020 12:00 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft

SOUNDED AND FORWARDED TO FULL COUNCIL

Mar 17, 2020 10:00 AM Video Atlanta City Council Remote Council Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE BY UNANIMOUS CONSENT OF COUNCIL MEMBERS PRESENT (15Y/0N)

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
Mar 24, 2020 12:00 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Joyce M Sheperd, District 12
SECONDER:Natalyn Mosby Archibong, District 5
AYES:Matt Westmoreland, Michael Julian Bond, Carla Smith, Amir R Farokhi, Antonio Brown, Natalyn Mosby Archibong, Joyce M Sheperd
Apr 20, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Council Member Hillis requested 20-O-1216 be removed from the Consent Agenda. Chairperson Westmoreland made a Substitute Motion to Refer the item back to the Community Development/Human Services Committee. It was Seconded by Council Member Sheperd and the Motion CARRIED by a roll call vote of 15 yeas; 0 nays.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
MOVER:Matt Westmoreland, Councilmember, Post 2 At Large
SECONDER:Joyce M Sheperd, Councilmember, District 12
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
Apr 28, 2020 1:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [6 TO 0]
MOVER:Joyce M Sheperd, District 12
SECONDER:Matt Westmoreland, Chair, Post 2 At-Large
AYES:Matt Westmoreland, Michael Julian Bond, Carla Smith, Amir R Farokhi, Antonio Brown, Joyce M Sheperd
ABSTAIN:Natalyn Mosby Archibong
May 4, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Council Member Archibong made a Motion to Amend Ordinance 20-O-1216 by adding a new Section 8 and renumbering all following sections accordingly: Section 8: Pursuant to Section 158-66(b)(2)(d) of the City of Atlanta Code of Ordinances, any and all future uses of the Tree Trust Fund for maintenance plans of any new properties must be evaluated on a case by case basis and receive Council authorization prior to use and disbursement of the funds. It was Seconded by Council Member Brown and the Motion CARRIED by a roll call vote of 15 yeas; 0 nays. Following, Council Member Smith made a Motion to Adopt as Amended. It was Seconded by Council Member Sheperd and an extensive discussion ensued. After which, Council Member Shook Call the Question. It was Seconded by Council Member Dickens and CARRIED by a roll call vote of 14 yeas; 1 nay. Subsequently, the Motion to Adopt as Amended CARRIED by a roll call vote of 12 yeas; 3 nays.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 3 NAYS

RESULT:ADOPTED AS AMENDED [12 TO 3]
MOVER:Carla Smith, Councilmember, District 1
SECONDER:Joyce M Sheperd, Councilmember, District 12
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
NAYS:Howard Shook, J. P. Matzigkeit, Dustin Hillis