5-14 regular meeting agendas and packet

CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL MEMBERS

City of Brookhaven 5/14/2013 7:00 PM

J. Max Davis, Mayor ≈≈≈

Rebecca Williams - District 1

Jim Eyre - District 2

Bates Mattison - District 3

Joe Gebbia - District 4

AGENDA

May 14, 2013 Regular Meeting 7:00 PM

2 Corporate Boulevard, Brookhaven, GA 30329

A) INVOCATION

B) CALL TO ORDER

C) PLEDGE OF ALLEGIANCE

D) OPENING REMARKS

1. Swearing in of Sgt. Brandon Gurley

E) AGENDA ANNOUNCEMENTS

F) PUBLIC COMMENT

G) CONSENT AGENDA

1. Approval of April 23, 2013 Mayor and Council Regular Meeting Minutes

2. Approval of April 23 2013 Council Agenda Work Session Meeting Minutes

3. Approval of April 30, 3013 Special Called Meeting Minutes

4. Clarification and Approval of Term Limits for Boards and Commissions

H) ANNOUNCEMENTS

I) REPORTS AND PRESENTATIONS

J) OLD BUSINESS

1. Ordinance ORD-2013-05-03: Consideration and Approval Ordinance ORD 2013-05-03

as Second Read to Amend Chapter 25 ("Water, Sewer and Sewage Disposal") of the

Code of the City of Brookhaven, Georgia, to Adopt a New Article V, Entitled

"Stormwater Utility"

Agenda Brookhaven City Council May 14, 2013

City of Brookhaven Updated 5/10/2013 4:49 PM

2. Consideration and Approval of Intergovernmental Agreement Between DeKalb County

and City of Brookhaven for Police Services

K) NEW BUSINESS

1. Ordinance (ID # 1031): PUBLIC HEARING RZ13-01: REQUEST FOR 60 DAY

DEFERRAL Brad Hughes, of Rockhaven Homes, LLC, Located at 11 Lumpkin St., Suite

200, Lawrenceville, GA 30046, Seeks the Following: Rezoning of a 3.9 Acre Parcel

Located at 1475 North Druid Hills Road, NE, Atlanta, Georgia 30319, from R-75 to RM-

75 to Allow for the Construction of a 40-Unit Townhome Project. the Tax Parcel Number

of the Subject Property is 18 200 04 042.

2. Ordinance ORD-2013-05-01: An Ordinance (First Read) that the Charter of City of

Brookhaven, Georgia, Shall be Amended So that Upon Proper Passage, Section Sec. 2-15

Ordinance Form; Procedures Shall be Revised

3. Ordinance ORD-2013-05-02: An Ordinance to Amend Chapter 4, Alcoholic Beverages,

of the Code of the City of Brookhaven, Georgia, to Amend and Provide Specific Alcohol

Pouring and Sales Times; to Adopt Sales Times as Authorized by Law; and for Other

Purposes (First Read)

4. Resolution RES-2013-05-01: Public Hearing and Resolution to Abandon the Right of

Way on Property Located on Land Lot 237 of the 18Th Land District, DeKalb County,

Georgia, at the Right of Way Alta Vista Drive and Milowyn Place, at Drew Valley

Neighborhood

5. Resolution RES-2013-05-02: Resolution for the Assessment of the Annual Cost of

Maintaining and Operating Traffic Calming Measures in Established Traffic Calming

District

6. Resolution RES-2013-05-03: A Resolution Providing for the Assessment of the Annual

Cost of Maintaining and Operating Street Lights in Established Street Light Districts

7. Resolution RES-2013-05-04: Resolution to Join National Flood Insurance Program

L) OTHER BUSINESS

M) PUBLIC COMMENTS

N) MAYOR'S COMMENTS

O) EXECUTIVE SESSION (IF NEEDED)

P) ADJOURNMENT

CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL MEMBERS

City of Brookhaven 5/14/2013 7:00 PM Page 1


Rebecca Williams - District 1

Jim Eyre - District 2

Bates Mattison - District 3

Joe Gebbia - District 4

AGENDA

May 14, 2013 Regular Meeting 7:00 PM

2 Corporate Boulevard, Brookhaven, GA 30329

A) INVOCATION

B) CALL TO ORDER

C) PLEDGE OF ALLEGIANCE

D) OPENING REMARKS

1. Swearing in of Sgt. Brandon Gurley

E) AGENDA ANNOUNCEMENTS

F) PUBLIC COMMENT

G) CONSENT AGENDA

1. Approval of April 23, 2013 Mayor and Council Regular Meeting Minutes

2. Approval of April 23 2013 Council Agenda Work Session Meeting Minutes

3. Approval of April 30, 3013 Special Called Meeting Minutes

4. Clarification and Approval of Term Limits for Boards and Commissions

H) ANNOUNCEMENTS

I) REPORTS AND PRESENTATIONS

J) OLD BUSINESS

1. Ordinance ORD-2013-05-03: Consideration and Approval Ordinance ORD 2013-05-03

as Second Read to Amend Chapter 25 ("Water, Sewer and Sewage Disposal") of the

Code of the City of Brookhaven, Georgia, to Adopt a New Article V, Entitled

"Stormwater Utility"

Agenda Brookhaven City Council May 14, 2013

City of Brookhaven Page 2 Updated 5/10/2013 4:49 PM

2. Consideration and Approval of Intergovernmental Agreement Between DeKalb County

and City of Brookhaven for Police Services

K) NEW BUSINESS

1. Ordinance (ID # 1031): PUBLIC HEARING RZ13-01: REQUEST FOR 60 DAY

DEFERRAL Brad Hughes, of Rockhaven Homes, LLC, Located at 11 Lumpkin St., Suite

200, Lawrenceville, GA 30046, Seeks the Following: Rezoning of a 3.9 Acre Parcel

Located at 1475 North Druid Hills Road, NE, Atlanta, Georgia 30319, from R-75 to RM-

75 to Allow for the Construction of a 40-Unit Townhome Project. the Tax Parcel Number

of the Subject Property is 18 200 04 042.

2. Ordinance ORD-2013-05-01: An Ordinance (First Read) that the Charter of City of

Brookhaven, Georgia, Shall be Amended So that Upon Proper Passage, Section Sec. 2-15

Ordinance Form; Procedures Shall be Revised

3. Ordinance ORD-2013-05-02: An Ordinance to Amend Chapter 4, Alcoholic Beverages,

of the Code of the City of Brookhaven, Georgia, to Amend and Provide Specific Alcohol

Pouring and Sales Times; to Adopt Sales Times as Authorized by Law; and for Other

Purposes (First Read)

4. Resolution RES-2013-05-01: Public Hearing and Resolution to Abandon the Right of

Way on Property Located on Land Lot 237 of the 18Th Land District, DeKalb County,

Georgia, at the Right of Way Alta Vista Drive and Milowyn Place, at Drew Valley

Neighborhood

5. Resolution RES-2013-05-02: Resolution for the Assessment of the Annual Cost of

Maintaining and Operating Traffic Calming Measures in Established Traffic Calming

District

6. Resolution RES-2013-05-03: A Resolution Providing for the Assessment of the Annual

Cost of Maintaining and Operating Street Lights in Established Street Light Districts

7. Resolution RES-2013-05-04: Resolution to Join National Flood Insurance Program

L) OTHER BUSINESS

M) PUBLIC COMMENTS

N) MAYOR'S COMMENTS

O) EXECUTIVE SESSION (IF NEEDED)

P) ADJOURNMENT

MEMORANDUM

MEETING OF: May/14/2013

DISTRICT/COMMITTEE:Brookhaven City

Council

SUBMITTING DEPARTMENT: City Clerk's

Office

ISSUE/AGENDA ITEM TITLE:

Swearing in of Sgt. Brandon Gurley

BACKGROUND/SUMMARY:

FISCAL IMPACT: (Budgeted – over or under)

STAFF RECOMMENDATION:

ATTACHMENTS:

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MEMORANDUM



Council


Office


Approval of April 23, 2013 Mayor and Council Regular Meeting Minutes

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

CObAGREGCOUNCILMTMING04232013 (DOCX)

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BROOKHAVEN – City Council Meeting 4/23/13 7PM

1

CITY OF BROOKHAVEN, GEORGIA

CITY COUNCIL MEMBERS


Rebecca Chase Williams – District 1

Jim Eyre – District 2

Bates Mattison – District 3

Joe Gebbia – District 4

CITY COUNCIL

APRIL 23, 2013 Regular Meeting Minutes 7 P.M.

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) INVOCATION – Councilmember Gebbia led in the invocation.

B) CALL TO ORDER – Mayor Davis called the meeting to order at 7:12 p.m.

C) ROLL CALL – City Clerk Susan Hiott – All were present.

D) PLEDGE OF ALLEGIANCE –

E) OPENING REMARKS – Mayor Davis

F) AGENDA ANNOUNCEMENTS

Mayor Davis recognized Chief of Police Gary Yandura and Deputy Chief of Police Ron Freeman.

Mayor Davis swore in the chiefs and photos were taken by the press and members of the audience.

Mayor Davis swore in Planning Commission members Shannon Cameron and Adrian Schmidt.

G) PUBLIC COMMENT – Specifically to address Old and/or New Business on this agenda only

Alan Begner – Mr. Begner reported he was an attorney for Pink Pony. He noted it came to his attention

in December at a city council meeting, pursuant to one of the councilmember’s questions, Attorney

Scott Bertghold was asked if could pass permissible legally a band on nude dancing and alcohol clubs as

new business and grandfather in the Pink Pony. He reported Mr. Bergthold responded it would violate

equal protection. Mr. Begner stated this was not true. DeKalb County did same thing, grandfathered

clubs there. Mr. Begner claimed Mr. Bergthold’s response was consistent with his billing methods

which was to charge a small amount to pass a band on nude dancing and alcohol and charge $100,000s

to defend a lawsuit, which was his position that establishment cannot grandfather. He noted the City

does not have any citizens that really care whether Pink Pony was put out of business. It is located in

extreme south Brookhaven and there are not any sensitive uses. He urged the City Council to

grandfather Pink Pony in and the citizens will appreciate that the City doesn’t spend $100,000s of

dollars to defend a lawsuit. He noted the lawsuit was almost ready to file. He asked Mayor and Council

to please take this into consideration.

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Ronnie Mayer reported he was President of Ashford Park Association and community leader in

Brookhaven. He expressed concerns about the DeKalb Police Department’s lack of enough officers

writing tickets, He noted DeKalb Police did write 30-40 tickets a day in Brookhaven. He claimed there

was nobody writing any tickets. He stated someone needs to call DeKalb County and ask for officers to

work the Brookhaven area.

H) CONSENT AGENDA

1. Approval of April 9, 2013 work session meeting minutes

2. Approval of April 9, 2013 regular meeting council minutes

3. Appointment professional services for financial and compliance audits, to Mauldin & Jenkins, per

RFP#13-01, the lowest and qualified bidder

Motion and Vote: Councilmember Mattison moved to approve the Consent Agenda. Councilmember Eyre

seconded the motion. The motion passed unanimously.

I) ANNOUNCEMENTS

City Manager Marie Garrett announced the Development Authority meeting would be held Wednesday,

April 24, 2013 at 10:30 a.m.

Councilmember Mattison announced there would be a meeting at Ashford Elementary School pertaining

to the school starting a Charter school.

Councilmember Williams announced there were No Parking signs installed at Murphy Candler Park

area.

The next town hall meeting would be May 13 at Ashford Park Elementary Cafeteria at 7:00 p.m.

Councilmember Eyre reported friends of Brookhaven Park are working several nights that week and

Saturday to improve the park. Chad Boles and friends would be glad to have citizens attend and help.

Mayor Davis commended and thanked Mr. Boles for his work at Briarwood Park.

J) REPORTS AND PRESENTATIONS

K) OLD BUSINESS

1. ACTION ITEM: Consideration and Approval of Intergovernmental Agreement between

DeKalb County and City of Brookhaven for police services

Motion and Vote: Councilmember Gebbia moved to table the consideration and approval of

Intergovernmental Agreement between DeKalb County and City of Brookhaven for police services.

Councilmember Mattison seconded the motion. The motion carried unanimously.

L) NEW BUSINSS

1. Consideration and Approval Ordinance 2013-04-01 (First Read) to amend Chapter 25

(“Water, Sewer and Sewage Disposal”) of the Code of the City of Brookhaven, Georgia, to

adopt a new Article V, Entitled “Stormwater Utility”

City Attorney Bill Riley conducted the first read of the ordinance.

2. ACTION ITEM: Consideration and Approval of Intergovernmental Agreement between

DeKalb County and City of Brookhaven for the allocation and distribution of proceeds from

the energy excise tax

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Mr. Riley explained this tax is the tax on energy used in the industrial area, primarily manufacturing.

Under state statue, counties can pass and if they pass, they have to share with municipalities if

municipalities chooses to take the tax dollars. The ordinance had passed in DeKalb County and each

city had passed this ordinance already. If choose not to pass the ordinance, the City’s share will go back

to the County’s general fund. It will not go back to the industries. This was tax DeKalb County had

already passed. Mr. Riley explained the City was not adopting any new tax. Councilmember Mattison

asked how the allocation was determined. Mr. Riley answered it is based on population share.

Motion and Vote: Councilmember Williams moved to approve the Intergovernmental Agreement

between DeKalb County and City of Brookhaven for the allocation and distribution of proceeds from the

energy excise tax. Councilmember Mattison seconded the motion. The motion passed unanimously.

3. Approval of Resolution R2013-04-02 for court costs

Attorney Riley provided details of the court cost resolution.

Motion and Vote: Councilmember Williams moved to approve Resolution R2013-04-02 for court

costs set at $40.00. Councilmember Williams seconded the motion. The motion carried unanimously.

4. ACTION ITEM: Approval of Resolution R2013-04-03 amending certain fines adopted

February 12, 2013 (R2013-02-02) to comport fines as allowed by State law

Attorney Riley provided details of the resolution amending certain fines adopted February 12, 2013.

Motion and Vote: Councilmember Mattison moved to approve R2013-04-03 amending certain fines

adopted February 12, 2013 (R2013-02-02) to comport fines as allowed by State law. Councilmember

Gebbia seconded the motion. The motion carried unanimously.

M) OTHER BUSINESS

N) PUBLIC COMMENTS – Ms, Cameron reported there was a clean- up day for Murphy Candler Park.

O) MAYOR’S COMMENTS – Mayor Davis expressed his excitement to have the Police Chief and

Deputy Chief at City Hall. He noted pre-posting the job, we have received over 100 applications.

P) EXECUTIVE SESSION (if needed) Mayor Davis noted the executive session was conducted at the

previously held April 23, 2013 work session.

Q) ADJOURNMENT

Motion and Vote: Councilmember Williams moved to adjourn the meeting. Councilmember Mattison

seconded the motion. The motion passed unanimously.

The meeting adjourned at 7:48 p.m.

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MEMORANDUM



Council


Office


Approval of April 23 2013 Council Agenda Work Session Meeting Minutes

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

MINAGWorksession04232013 (DOCX)

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BROOKHAVEN – City Council Meeting 4/23/13 4:30 P.M.

Co1


CITY COUNCIL MEMBERS

J. Max Davis, Mayor

≈≈≈





CITY COUNCIL

APRIL 23, 2013 Agenda Work Session Meeting 4:30 P.M.

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) CALL TO ORDER – Mayor Davis

B) ROLL CALL – City Clerk Susan Hiott – All present.

C) OPENING REMARKS – Mayor Davis

D) APRIL 23, 2013 PRE MEETING AGENDA REVIEW -

Councilmember Eyre asked for an update on the Police Intergovernmental Agreement (IGA) and

Attorney Bill Riley and City Manager Marie Garrett reported the contract would be deferred until the

payment schedule was finalized. Ms. Garrett reported Brookhaven’s police chief was communicating

with the DeKalb Police Department. The transaction of county managers has resulted in different

understanding of the payment schedule. Councilmember Mattison inquired if the number of police

officers assigned for Brookhaven were documented anywhere. Mr. Riley explained it was not, but they

all were committed to covering Brookhaven area.

E) UPCOMING AGENDA ITEMS

1. Storm Water Ordinance – Ms. Garrett reported on the planned process for the City to take over the

storm water program. She referred to the first read ordinance which was on the following meeting

agenda. The ordinance would create the utility and enterprise fund. Councilmember Williams asked

how funds would be collected. Ms. Garrett explained the upcoming truing up of the storm water

funds with DeKalb County, and how the City would collect money in the future. Mr. Meehan

explained how Public Works and IT staff are retrieving the commercial areas and parcels

electronically to ensure properties are in the GIS system. Councilmember Eyre asked for

clarification of calculation of fees and rates among residential and commercial properties. Mr.

Meehan indicated the current $48 fee wasn’t enough to keep up with maintenance costs as some

neighborhoods are 40 years old. Mr. Meehan reported DeKalb has already done inventory and we

have that data and will be able to develop a needs assessment and capital improvement plan.

DeKalb County is at $48 now but could raise to $60. The County is having public hearings

regarding the storm water fees. We will be billing this year and will pass a resolution with

determined rates at a later time. Councilmember Gebbia inquired if inventory was a visual roadside

inventory. Mr. Meehan reported the County did not video the pipes but did a basic visual review of

the condition of structures from roadside or opening up the culprits. Councilmember Williams asked

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if street sweeper services could be used from these funds. Mr. Meehan opined that it would depend

on the interpretation of the ordinance. There was a possibility according to the legal interpretation.

Councilmember Mattison asked about funding for catastrophic incidents. Mr. Meehan explained

there would be an emergency contingency fund, recommending 20-30% be set aside, and noted the

City could possibly receive reimbursement from FEMA or state agencies. Discussion followed

about relying on DeKalb’s studies when the City adopts the resolution for fee structure.

Finance Director Bonnie Kline provided details of the process of the bids sent out for professional

auditing services by the previous Finance Director Chris Pike. She reported the City received a good

response. She and Mr. Pike reviewed the bids and both were comfortable with the lowest bidder,

and number one pick, Mauldin and Jenkins. This firm is experienced in governmental audits and

have conducted audits for several start-up cities. Council discussed the role of the auditing

committee.

2. Intergovernmental Agreements update - Ms. Garrett reported the amount of dollars for the Parks

and Recreation IGA were agreed upon, but the method of payment and frequency have been changed

during the hiring of the new county manager. She is waiting to hear from the county manager.

3. Fee Simple Townhome Proposed Code Amendment Update – Ms. Garrett reported we were

looking at a situation with a development which was experiencing difficulty in financing. The

applicant initially wanted to change to a fee simple so could be sold as dirt under the slab.

Community Development Director Susan Canon had found a solution although there are other

matters to be considered. Potential text amendments were reviewed at the last work session. Ms.

Canon reported she had looked at other jurisdictions and met with DeKalb County regarding this

type of development. She reported she had looked deeper, looked at site plan and ordinance and met

with attorney. She noted she believed this development could move forward under current zoning

and the 22 conditions. She believed there does not have to be a text amendment or rezoning of the

property. It was a matter of how it was presented to the financial people. The developer’s attorney

has indicated it was their desire to develop the current plan. Councilmember Gebbia stated this issue

has been going on for a long time, and he was happy to hear there was a potential answer. The

neighborhood has been notified. There are a couple of other hurdles but attorneys are working on

solution. Ms. Canon explained that with fee simple, the resident owns land under ground. Condos

are all common ownership. The financial establishment would probably require a formal action

letter form the City. Mr. Eyre provided additional information on financing regarding fee simple

properties and consideration of what the market would bring for fee simple townhomes. Ms. Canon

provided additional details about the current application and current zoning and DeKalb County’s

philosophy about the application. Councilmember Mattison noted the City should have input from

the developmental community and that the City be developmental friendly. Ms. Garrett noted this

would be a discussion for the retreat. She addressed a need for a process for potential changes to site

plans resulting from unforeseen conditions and changes in the field. She will be reaching out for

some dates for a retreat to be held before the Georgia Municipal Association Conference in June.

Update on Moratorium: Overlay findings- Ms. Canon reported that per instructions form council,

she had met with Mr. Portman, Michael Elliott, Bill Draper, Jack Hondered, Eric Boseman, with

neighbors, and posted on web requesting public input. She distributed a summary of the public

comments. She explained how when looking at the overlay and if take sentences out of context,

there could be misunderstandings. She explained how the ordinances are a regulatory tool and the

Comprehensive Plan is a policy guide. She referred to the list of comments and noted she underlined

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the items of the list Council may want to address while moratorium was in place. The other items

could be addressed at a later time. She pointed out line items, definition of story, parking, signage,

and definition of height. She summarized the time line if move forward with a text amendment. She

explained text amendment should be completed by May 8. The amendment would be before the

Planning Commission June 5th and Council June 11th. Councilmember Eyre noted the item density

was not underlined. Ms. Canon noted density is underlying zoning of the property. Discussion

followed about density. Mayor Davis summarized we were trying to tweak some things while the

moratorium was in place at this time, but would have a bigger review and discussion in the fall when

we look at the Comprehensive Plan. Council requested that Ms. Canon draft text amendments with

parking, signage, definition of height and density. Councilmember Eyre asked if second generation

tenant space could get a permit. Susan Canon reported this could be granted and addressed, and to

please give her a call.

4. Court Update –Attorney Bill Riley reported the first court session went well, and was a good

session. He described why some cases are must appears and other tickets could be paid prior to the

court date. Mayor Davis inquired why some citations were must appears and Attorney Riley

provided explanation. Mayor Davis asked to see processing fee. Director Bonnie Kline reported

Finance Department were currently looking at this, would be putting out a RFP for these – right now

service was temporary. City Clerk Susan Hiott reported in February Mayor and Council adopted

fines and fees including a processing fines, but the processing fee was not clarified. This resolution

clarifies the processing fee was $40. City Attorney Bill Riley explained we adopted DeKalb

County’s fines and fees in February. Since then, staff found a few fines that were more than allowed

by the State. This resolution amends fines adopted February 12, 2013 to comport fines as allowed

by State law.

Report from Police Chief Gary Yandura – Chief Yandura reported following interviewing, there

have been three hires. The administrative assistant who was involved with start-up of Sandy Springs

and well qualified was hired. Currently, we are conducting back ground checks on another sergeant,

and vetting and interviewing for management positions. He reported he was conducting site visits

with major of DeKalb County Police. DeKalb has also provided crime statistics. He reported he

was looking at a radio system and have visited with Dunwoody’s Police Chief and gaining a lot of

insight. He had visited Chatt Com. He was looking at cars and purchasing the fuel efficient, best cars

out there. The Department was taking complaints from residents, and receiving positive comments.

He was participating in Career Day at schools ad looking at neighborhood watch programs.

Regarding emergency service, were still looking at zone structure which would be 4-6 zones. He

was looking at a goal of having a three minute response time. He reported he was working with

Communications Director Megan Matteucci about logos. Councilmember Eyre inquired about the

car purchase process. Ms. Garrett explained the cars were purchased under state contract and the

City Manager would be approving and also looking at a capital lease program. Discussion followed

about number of officers per shift and the officers are being hired in phases. Councilmember Eye

noted we were still looking at contingency dollars and he would to like to know what was required

for the police force to determine actual budget in order to know what the millage rate would be.

Councilmember Williams inquired about the number of applications being received. Community

Relations Director Megan Matteuci noted there were 104 applications already although the positions

were just posted today. The applications stemmed from the promotion by the media coverage.

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(F) OTHER AGENDA ITEMS

1. RFP for Sanitation Services update – Ms. Garrett reported we are looking at a two-part RFP. First

part city-wide services, and subset with a pilot program. She learned that ay a minimum size pilot route

would be 500 units. The plan was to look at level of service that was same as county including the

current twice a week and what the county is considering once a week. Ms. Garrett reported we will ask

for quick turn- around from the vendors to report to the council. Councilmember Eyre inquired about

the status of decision for number of pick-ups for trash. We were advised by Ted Rhinehart of DeKalb

County to not do anything at this time about the sanitation because they have not made a decision. They

will notify us when they know.

2. Development Authority Update – The Development Authority (DA) meeting would be Wednesday,

April 24. Ms. Garrett reported the Legal counsel will be attending and will talk about their role and

required training. The DA will also talk about some potential upcoming projects. There are not fixed

meeting dates for the Development Authority. She explained the DA meets when there was a need for

them to meet. She thanked everyone for the strong appointments they had made to the Development

Authority.

Councilmember Mattison asked when we would hire an economic development director. She stated it

would be in 2014. She added we were required by state law to register the Development Authority and

that registration had been completed.

Attorney Bill Riley explained details of the Intergovernmental Agreement for the allocation and

distribution of proceeds from the energy excise tax. If we want a portion of the tax, we are required to

sign the agreement. The County has already passed the energy excise tax. If we chose to not to, the

County will still tax and will keep the City’s portion of the tax. This tax was imposed on industrial

businesses. Mayor Davis had questions about the language in the agreement and Mr. Riley replied he

would clarify his questions prior to the 7:00 meeting.

(G) OTHER BUSINESS

Motion and Vote: Councilmember Gebbia moved to amend the regular meeting agenda to add the

executive session to the work session agenda. Councilmember Mattison seconded the motion. The

motion carried unanimously.

Motion and Vote: Councilmember Mattison moved to go into executive session to discuss one land

acquisition matter. Councilmember Gebbia seconded the motion. The motion carried unanimously.

The executive session began at 6:25 p.m.

Motion and Vote: Councilmember: Councilmember Gebbia moved to close executive session.

Councilmember Mattison seconded the motion. The motion carried unanimously and the executive

session ended at 6:58 p.m.

The work session adjourned.

(H) ANNOUNCEMENTS

(I) ADJOURNMENT

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MEMORANDUM



Council


Office


Approval of April 30, 3013 Special Called Meeting Minutes

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

COBSPECIALCALLEDMIN04302013 (DOCX)

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CITY COUNCIL






CITY COUNCIL

APRIL 30, 2013 Special Called Meeting 5:00 PM City Hall – 200 Ashford Center North Suite #150, Dunwoody GA 30338

A) CALL TO ORDER – Mayor Davis

B) ROLL CALL – City Clerk Susan Hiott – Councilmembers Williams, Eyre and Mattison were present at

the time the meeting was called at 5:14 p.m. Councilmember Gebbia arrived at 5:17 p.m.

Other attendees: City Manager Marie Garrett, City Clerk Susan Hiott, Community Development Director

Susan Canon, Chief of Police Gary Yandura, Attorney Bill Riley

C) EXECUTIVE SESSION – LITIGATION MATTERS

Motion and vote: Councilmember Williams moved to go into executive session to discuss litigation matters.

Councilmember Mattison seconded the motion. The executive session began at 5:14 p.m. Councilmembers

Williams, Eyre, Mattison voted yes to enter into executive session at 5:14 p.m.

Councilmember Gebbia arrived at 5:17 p.m.

Motion and Vote: Councilmember Eyre moved to close executive session. Councilmember Mattison

seconded the motion. The motion carried unanimously. Councilmembers Williams, Eyre, Mattison, and

Gebbia voted yes to close executive session. The session ended at 7:06 p.m.

D) ADJOURNMENT

Motion and Vote: Councilmember Williams moved to adjourn the Special Called meeting. Councilmember

Gebbia seconded the motion. The motion carried unanimously.

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MEMORANDUM



Council


Office


Clarification and Approval of Term Limits for Boards and Commissions

BACKGROUND/SUMMARY: The members of the Planning Commission, Zoning Board of Appeals, Alcohol Board, and

Development Authority have recently been appointed. The terms and expiration dates of those

terms are to be clarified and approved for the record: Zoning Board of Appeals App. Date Terms Expiring Tim Nama, Chair 2/12/2013 2 years 12/31/2014 Corey Self 2/12/2013 1 year 12/31/2013 Hope Bawcom 2/12/2013 1 year 12/31/2013 Glenn Viers 2/12/2013 2 years 12/31/2014 Don Bolia 2/12/2013 2 years 12/31/2014 Kent Gipson 2/12/2013 2 years 12/31/2014 Jed Beardsley 2/12/2013 1 year 12/31/2013 Planning Commission App. Date Terms Expiring Stan Segal, Chair 2/12/2013 2 years 12/31/2014 Shannon Cameron 2/12/2013 2 years 12/31/2014 Jack Honderd 2/12/2013 1 year 12/31/2013 Adrian Schmidt 2/12/2013 1 year 12/31/2013 John Funny 2/12/2013 2 years 12/31/2014 Rob Francour 2/12/2013 2 years 12/31/2014 John Hess 2/12/2013 1 year 12/31/2013 Alcohol Board App. Date Terms Expiring Joseph Patin, Chair 2/12/2013 2 years 12/31/2014 Adam Caskey 3/12/2013 1 year 12/31/2013 Richard Grice 3/12/2013 1 year 12/31/2013 Michel Arnette 3/12/2013 2 years 12/31/2014 Glianny Fagundo 3/12/2013 2 years 12/31/2014 Development Authority App. Date Terms Expiring

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Agenda Item (ID # 1010) Meeting of May 14, 2013

Updated: 5/6/2013 11:43 AM by Susan Hiott Page 2

Walt Ehmer 4/9/2013 4 years 4/9/2017 Bruce L. Whitmer 4/9/2013 2 years 4/9/2015 Tim Peaden 4/9/2013 2 years 4/9/2015 Susan Coker 4/9/2013 4 years 4/9/2017 John Rhett 4/9/2013 4 years 4/9/2017 Luke Anderson 4/9/2013 2 years 4/9/2015 Pat Hoban 4/9/2013 2 years 4/9/2015 Bates Mattison Ex-officio 4/9/2013 ExOfficio


STAFF RECOMMENDATION: Approval of terms and expiration dates of terms for boards and commissions as listed.

ATTACHMENTS:

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MEMORANDUM


DISTRICT/COMMITTEE:Brookhaven City Council

SUBMITTING DEPARTMENT: City Clerk's Office


Consideration and Approval Ordinance ORD 2013-05-03 as Second Read to Amend Chapter 25

("Water, Sewer and Sewage Disposal") of the Code of the City of Brookhaven, Georgia, to

Adopt a New Article V, Entitled "Stormwater Utility"

BACKGROUND/SUMMARY: Since 2004, DeKalb County has had a Stormwater Utility in the unincorporated areas of the County

including the area that is now the City of Brookhaven. Funding for the Stormwater Utility is generated by

a Stormwater Utility Fee which the county has billed property owners as an item on the property tax bill.

Only undeveloped properties, public rights-of-way, and railroad rights-of-way are exempt from this fee.

The Utility is responsible for monitoring, inspecting, and maintaining the stormwater drainage system.

The funds, which are kept in a separate enterprise fund from General tax revenue, are allocated throughout

the county to maintain and repair the storm drainage systems as needed and determined by the county.

In order to better control how the stormwater fees generated by the property owners of the city are spent,

there is a benefit to the City to establish their own Stormwater Utility and take over the responsibility for

the maintenance and repair of the system.

The attached ordinance, Chapter 25, Article V, would:

Establish findings that provide the justification for establishing a Stormwater Utility for the City

of Brookhaven.

Establish the Stormwater Utility for the City of Brookhaven and set the Scope of Responsibility

of the Utility.

Establish a separate Enterprise Fund for collection and allocation of stormwater utility fees.

Establish the policy for determining and collecting the stormwater utility fees and credits.

The ordinance does not set the actual stormwater fee. We expect to present a separate Resolution to the

Mayor and City Council in May which will set the Stormwater Utility Fee to be charged property owners

for 2013.



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Ordinance ORD-2013-05-03 Meeting of May 14, 2013

Page 2

ATTACHMENTS:

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STATE OF GEORGIA CITY OF BROOKHAVEN ORDINANCE

AN ORDINANCE TO AMEND CHAPTER 25 (“WATER, SEWER AND SEWAGE DISPOSAL”) OF THE CODE OF THE CITY OF BROOKHAVEN, GEORGIA, TO

ADOPT A NEW ARTICLE V, ENTITLED “STORMWATER UTILITY”

WHEREAS, the Mayor and Council of the City of Brookhaven are charged with the protection of the public health, safety, and welfare of the citizens of

Brookhaven; and

WHEREAS, the City is authorized to provide for stormwater collection and

disposal throughout the City and to provide for regulation thereof and collection of fees therefor; and

WHEREAS, the Mayor and Council find that regulating the stormwater system will provide for the health, safety and welfare of the citizens of the City

through prevention of public and private property damage resulting form stormwater runoff by providing for proper drainage systems throughout the City; and

WHEREAS, the Mayor and Council desire to take over the stormwater system previously managed by DeKalb County in order to properly manage same

for the benefits of the citizens of the City.

NOW, THEREFORE, the Mayor and Council of the City of Brookhaven hereby ordains, as follows:

Section 1: Chapter 25, “Water, Sewer and Sewage Disposal” of The Code

of the City of Brookhaven, Georgia, is hereby amended adding Article V

(Stormwater Utility) to read as follows:

ARTICLE V. STORMWATER UTILITY

Sec. 25-360. Findings.

The Mayor and City Council of the City of Brookhaven, Georgia makes

the following findings:

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(a) The city is authorized by the supplementary powers provisions of Ga. Const. art. IX, § II, ¶ III(a)(6) to provide a stormwater collection and

disposal system throughout the city.

(b) The federal Clean Water Act, as amended by the Water Quality Act of

1987 (33 U.S.C. 1251 et seq.), and rules promulgated by the United States Environmental Protection Agency pursuant to the Act emphasizes the role of local governments in developing, implementing,

conducting and funding stormwater programs which address water quality impacts of storm water runoff.

(c) Given the project cost of stormwater management programs, systems

and facilities identified in the professional engineering and financial

analyses performed by DeKalb County and obtained by the City, it is appropriate to adopt a stormwater service fee rate methodology and to charge service fees to properties and persons within the City in a

manner that recovers the cost of programs, systems and facilities and other costs associated therewith, including but not limited to

allocations of the cost of services provided to the stormwater management utility by other funds of the city and other government entities and agencies, interest on bonds, operational and emergency

reserves, allowances for delinquencies and bad debt, and such other costs as may be deemed reasonable and appropriate by the Mayor and City Council to ensure the management, maintenance, protection,

control, regulation, use and enhancement of stormwater programs, systems and facilities in the City.

(d) The stormwater conditions reflected in the study conducted by the

County and obtained by the City reflect the current conditions of the

stormwater system in the City. (e) Stormwater management is applicable and needed throughout the City

of Brookhaven. Stormwater service fee rate methodology and service fees should be applicable throughout the City to enable the City to

successfully manage operate and improve stormwater programs, systems and facilities at an advanced level. Service fees will also assist the City in meeting the regulatory obligations imposed by its National

Pollutant Discharge Elimination System (NPDES) permits by reducing pollution and increasing water quality within the City.

(f) The stormwater needs in the City include but are not limited to protecting the public health, safety and welfare. Funding of stormwater

programs, systems and facilities is therefore incidental to the fundamental regulatory function of the City in protecting the public health, safety and welfare.

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(g) Provision of stormwater management programs, systems and facilities

renders and/or results in both services and benefits to individual properties, property owners, citizens and residents of the City and to all properties, property owners, citizens and residents of the City

concurrently in a variety of ways as identified in the professional engineering and financial analyses, and the services and benefits differ among the individual properties, property owners, citizens and

residents in relation to the demands they impose individually and collectively on the stormwater systems and facilities.

(h) The services and benefits rendered or resulting from the provision of

stormwater management programs, systems and facilities may differ

over time depending on many factors and considerations, including but not limited to location, demands and impacts imposed on the stormwater systems and facilities, and risk exposure. It is not practical

to allocate the cost of the City's stormwater management programs, systems and facilities in direct relationship to the services or benefits

rendered to or received by individual properties or persons over a brief span of time, but it is both practical and equitable to allocate the cost of stormwater management among properties and persons in

proportion to the long-term demands they impose on the City's stormwater programs, systems and facilities which render or result in services and benefits.

(i) City of Brookhaven presently owns and operates stormwater

management systems and facilities which have been developed, installed and acquired through various mechanisms over many years. The future usefulness of the existing stormwater systems owned and

operated by the City, and of additions and improvements thereto, rests on the ability of the City to effectively manage, protect, control, regulate, use, and enhance stormwater systems and facilities in the

City of Brookhaven. In order to do so, the City must have adequate and stable funding for its stormwater management program operating

and capital investment needs. .

Sec. 25-361. - Definitions.

The following definitions shall apply to this Article. Any word or phrase

not defined below but otherwise defined in the Code of Ordinances shall be

given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise.

Channel protection shall have the same meaning as the term is

defined in the Georgia Stormwater Manual, Volume 2, as amended hereafter.

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Credit shall mean a conditional reduction in the amount of a

stormwater service charge to an individual property based upon the terms and conditions of this Article.

Customer shall mean all persons, properties, and entities served by the utility's acquisition, management, maintenance, extension, and improvement of the public storm water management systems and facilities

and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, properties, and entities which will

ultimately be served or benefited as a result of the stormwater management program.

Developed land shall mean all property not deemed as undeveloped land.

Direct lien shall mean a lien enforced against an individual or property prior to obtaining a judgment against the individual or property, such as liens

established by operation of law for unpaid taxes. Equivalent residential unit (ERU) shall mean the unit of measure which

provides the basis for comparing the runoff generated by one parcel with that generated by another. An ERU shall be the median impervious coverage of a statistical sampling of single detached dwelling lots in the City of

Brookhaven, which has been determined to be three thousand (3,000) square feet of impervious area.

Impervious surfaces shall mean those areas, which prevent or impede

the infiltration of stormwater into the soil as it entered in natural conditions

prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other

fabric or plastic coverings.

Multiple dwelling lot shall mean a developed lot on which more than one (1) attached or detached residential dwelling units are located. Multiple dwelling lots include, but are not limited to, apartments, condominiums,

duplexes and triplexes. Other developed land shall mean, but shall not be limited to,

commercial and office buildings, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces,

parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, and agricultural uses covered by impervious surfaces.

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Overbank flood protection shall have the same meaning as the term is

defined in the Georgia Stormwater Manual, Volume 2, as amended hereafter. Service fees shall mean the stormwater management service fees

applicable to a parcel of developed land, which charge shall be used only for the purpose of funding the City of Brookhaven stormwater utility's cost of providing stormwater management services and facilities.

Single dwelling lot shall mean a developed lot containing one (1)

dwelling structure with its principal use being a residential dwelling. Single dwelling lots include, but are not limited to, single family homes and town homes characterized by fee simple ownership of both land and improved

structures. Stormwater management system means any one (1) or more of the

various devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all manmade structures or natural

watercourse for the conveyance or transportation of runoff, such as: detention areas, berms, swales, improved watercourses, open channels, bridges, gulches, streams, gullies, flumes, culverts, gutters, pumping

stations, pipes, ditches, siphons, catch basins and street facilities; all inlets; collection, drainage or disposal lines; intercepting sewers; disposal plants; outfall sewers; all pumping, power, and other equipment and appurtenances;

all extension, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such stormwater facilities. Stormwater

facilities expressly excludes any of the foregoing which exist for, or are used exclusively for the purpose of collection, treating, measuring, supplying, or distributing potable water within or as part of the County water supply and

treatment system, or any of the foregoing which exist for or are used exclusively for the purpose of collecting, treating, or measuring effluent within or as part of the County sanitary sewer system.

Undeveloped land shall mean a lot in its unaltered natural state and

which has no pavement, asphalt, or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate, or flow in a manner

materially different than that which would occur if the land was in an unaltered natural state.

Water quality shall have the same meaning as the term is defined in the Georgia Stormwater Manual, Volume 2, as amended hereafter.

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Sec. 25-362. - Establishment of a utility.

(a) There is hereby established a Stormwater Utility which shall be responsible for stormwater management throughout the City’s jurisdictional limits, and shall provide for the management, protection,

control, regulation, use, and enhancement of stormwater systems and facilities. The Stormwater Utility Management Unit shall be composed of such personnel, employees and agents of the City as the Mayor and

City Council may from time to time determine and their compensation shall be fixed and determined by the City Manager as approved by the

City Council. (b) A stormwater enterprise fund shall be established in the City budget

and accounting system for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the Stormwater Utility, including but not limited to rentals, rates, charges,

fees and licenses as may be established by the Mayor and City Council and other funds that may be transferred or allocated to the

Stormwater Utility. All revenues and receipts of the Stormwater Utility shall be placed in the stormwater enterprise fund and all expenses of the utility shall be paid from the stormwater enterprise fund, except

that other revenues receipts, and resources not accounted for in the stormwater utility enterprise fund may be applied to stormwater management programs, facilities, operations and capital investments

as deemed appropriate by the City Council, upon recommendation by the City Manager.

(c) The Mayor and City Council hereby confers upon the Stormwater Utility

operational control over the existing stormwater management

programs, systems and facilities performed, provided or owned and heretofore operated by the City and other related assets, including but not limited to properties other than roadways upon which such

systems and facilities are located, easements, rights-of-entry and access, and certain equipment used solely for stormwater

management. Sec. 25-363. - Scope of responsibility for the Stormwater Utility.

(a) The Stormwater Utility shall be responsible for plan approval and

construction inspection of both private stormwater facilities and public

stormwater facilities located within the City. The Stormwater Utility shall be responsible for the design and construction of public

stormwater facilities owned by the City and shall inspect, operate, and maintain them as prescribed herein.

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(b) The City drainage system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainageways, channels, ditches,

swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or manmade, within the political boundaries of the City which control and/or convey stormwater

through which the Ccity intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvement of those

stormwater systems and facilities which:

(1) Are located within public streets, rights-of-way and easements;

(2) Are subject to easements, rights-of-entry, rights-of-access,

rights-of-use or other permanent provisions for adequate access for operation, maintenance and/or improvement of systems and facilities;

(3) Are located on public lands to which the City has adequate

access for operation, maintenance and/or improvement of systems and facilities; or

(4) Are determined by the City Attorney to be the City's responsibility.

(c) The Stormwater Utility shall provide for inspection of private facilities to ascertain that the stormwater facilities are functioning as designed

and approved. The Stormwater Utility shall provide for remedial maintenance of facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and

welfare, and in cases where such remedial maintenance is required the City may bill the owner of the private facility for the costs of such maintenance.

Sec. 25-364. General Fund Policy.

(a) General Fund Policy. It shall be the policy of the City that funding for

the stormwater utility program, systems and facilities shall be

equitably derived through methods which have a demonstrable relationship to the varied demands and impacts imposed on the stormwater program, systems and facilities by individual properties or

persons and/or the level of service rendered by or resulting from the provision of stormwater programs, systems and facilities. Stormwater

service charge rates shall be structured so as to be fair and reasonable, and the resultant service charges shall bear a substantial relationship to the cost of providing services and facilities. Similarly

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situated properties shall be charged similar rentals, rates, charges, fees or licenses. Service charge rates shall be structured to be

consistent and coordinated with the use of other funding methods employed for stormwater management within the City, including but not limited to general tax revenues allocated to stormwater

management, plan review and inspection fees, special fees for services, fees in-lieu of regulatory requirements, impact fees, system development charges and special assessments.

(b) The cost of stormwater management programs, systems and facilities

may include operating, capital investment and reserve expenses, and may consider stormwater quality as well as stormwater quantity management problems, needs and requirements.

(c) To the extent practicable, credits against stormwater service charges

and/or other methods of funding stormwater management shall be

provided for on-site stormwater control systems and activities constructed, operated, maintained and performed to the City's

standards by private property owners which eliminate, mitigate or compensate for the impact that the property or person may have upon stormwater runoff discharged to public stormwater systems or facilities

or to private stormwater facilities which impact the proper function of public stormwater systems or facilities.

(d) Stormwater Utility service charge rates, fees and other similar charges shall be established by Resolution of the Mayor and City Council.

Sec. 25-365. - Stormwater service fees/rates .

Stormwater service fee rates may be determined and modified from time to time by the Mayor and City Council so that the total revenue generated by said fees and any other sources of revenues or other resources

allocated to stormwater management by the City Council shall be sufficient to meet the cost of stormwater management programs, systems and facilities,

including but not limited to the payment of principal and interest on debt obligations, operating expense, capital outlays, nonoperating expense, provisions for prudent reserves and other costs as deemed appropriate by

the City Council. Stormwater service fee revenues in any given year may exceed or be less than the cost of service in that year, provided, however, that the stormwater service fee rate shall be based on meeting the long-term

projected cost of stormwater management programs, systems and facilities. All unencumbered stormwater management funds derived from service fees

and other sources of revenue not expended at the end of a fiscal year shall remain in the stormwater management utility enterprise fund account and balances shall be forwarded to the next fiscal year.

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Sec. 25-366. Exemptions.

The following properties are exempt from stormwater utility fees:

(1) Undeveloped land;

(2) All public rights-of-way;

(3) Railroad rights-of-way (tracks). However, railroad stations,

maintenance buildings, or other developed land used for railroad purposes shall not be exempt from stormwater service charges; and

(4) Any property whereby one hundred (100) percent of the

stormwater runoff is contained on the premises and no runoff

enters into the stormwater management system.

Sec. 25-367. Credits. (a) Property owners of developed land may receive a stormwater service

charge credit for on-site systems or facilities. Stormwater service charge credits shall be determined based on the technical requirements design and performance standards contained in the

Georgia Stormwater Management Manual as may be updated or amended from time to time.

(b) Property owners seeking service charge credits must apply for

stormwater service charge credits through completion and submittal to

the City of a stormwater service charge credit application prior to January 1st of the year in which stormwater service charges are to be billed by the City. Credits will only be granted through applications

approved by the County for the remainder of the year in which stormwater service charges are to be billed by the County. Any credits

issued by the County in 2012 or any application received by the County before January 1, 2013, are hereby accepted as valid credits and applications for the City for the calendar year 2013.

(c) Upon receipt of a timely filed completed application, the City Manager

or designee shall review the application and make a determination as

to whether the applicable criteria for a credit has been met. All decisions regarding the approval or disapproval of a stormwater credit

shall be made within forty-five (45) days of the date the completed application was submitted to the City.

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(d) Any credit allowed against the service charge is conditioned on

(1) Continuing compliance with the City’s design and performance standards as stated in the Georgia Stormwater Management Manual as may be updated or amended from time to time; and

(2) Upon continuing provision of the systems or facilities provided,

operated, and maintained by the property owner or owners

upon which the credit is based.

The City may revoke any credit at any time for non-compliance with this Article.

Sec. 25-368. Inspection of private facilities. Continuing compliance with the City’s design and performance standards

may be verified by city inspection of the systems or facilities upon which the credit is based. No credit shall be given under this Article unless the property

owner agrees in writing in its application that the City shall have the right for its designated officers, representatives, agents, and employees to enter upon private and public property, upon reasonable notice to the owner of such

property, to inspect the property and conduct surveys and engineering testing on such property in order to assure compliance with the City’s design and performance standards. On-site systems or facilities determined to no

longer comply with the City’s design and performance standards shall subject the property owner to revocation of all, or a portion of, stormwater service

charge credits based on the City inspections' estimate of capacity reduction for a period of not less than one (1) year.

Sec. 25-369. Stormwater service charge, billing, delinquencies and collections.

A stormwater service fee bill may be sent though the United States mail or by alternative means, notifying the customer of the amount of the

bill, the date the payment is due, and the date when past due. The stormwater service fee bill may be billed and collected along with other fees and charges, including but not limited other utility bills, assessments or

property taxes, as deemed most effective and efficient by the City Manager. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of

developed land shall be ultimately obligated to pay such fees and other charges and any associated fines or penalties, including but not limited to

interest on delinquent service fees. If a customer is underbilled or if no bill is sent for developed land, the City may backbill for a period of up to one (1) year, but shall not assess penalties for any delinquency during that back-

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billed period. A late charge of one percent of the unpaid balance of any stormwater utility service fee bill shall be charged when a bill becomes

delinquent. Thereafter, an additional charge of one (1) percent based on the unpaid bill and any applicable delinquency charge shall be charged for each month the bill remains delinquent.

Sec. 25-370. Stormwater utility service inspections and

enforcement.

Every owner of real property located in the City, and every person who serves as a contractor or developer for the purpose of developing real property located in the City of Brookhaven shall provide, manage, maintain,

and operate on-site stormwater management systems and facilities sufficient to collect, convey, detain, control and discharge stormwater in a safe manner consistent with all City of Brookhaven ordinances and development

regulations, and the laws of the State of Georgia and the United States of America. Any failure to meet this obligation shall constitute a nuisance and

be subject to an abatement action filed by any damaged party or the City of Brookhaven in any court of competent jurisdiction. In the event a public nuisance is found by the court to exist, which the owner fails to properly

abate within such reasonable time as allowed by the court, the City may enter upon the property and cause such work as is reasonably necessary to abate the nuisance with the actual cost thereof assessed against the owner

or developer, if any, on a joint and several basis. From the date of the filing of such action, the City shall have lien rights, which may be perfected, after

judgment, by filing a notice of lien on the General Execution Docket of the Superior Court of DeKalb County. The City of Brookhaven shall have the right, pursuant to the authority of this Article, for its designated officers and

employees to enter upon private and public property owned by entities other than the County, upon reasonable notice to the owner thereof, to inspect the property and conduct surveys and engineering tests thereon in order to

assure compliance with this section.

Sec. 25-371. Appeals.

Any customer who believes the provisions of this Article have been

applied in error may appeal in the following manner: (1) An appeal must be filed in writing with the City Manager or his

designated representative. In the case of stormwater service fee appeals, the appeal shall include a survey prepared by a

registered land surveyor or professional engineer containing information on the total property area, the impervious surface

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area, and any other features or conditions that influence the hydrologic response of the property to rainfall events.

(2) Using information provided by the appellant, the City Manager

or designee shall conduct a technical review of the conditions on

the property and respond to the appeal in writing within 60 days. In response to an appeal, the City Manager may adjust the stormwater service fee applicable to any property in

conformance with the general purposes and intent of this Article.

(3) All decisions by the City Manager shall be served on the

appellant personally or by registered or certified mail, sent to

the billing address of the appellant. All decisions of the City Manager shall be final.

(4) Any person aggrieved by a decision or order of the City, after exhausting his administrative remedies, shall have a right to

appeal by writ of certiorari to the Superior Court of DeKalb County within 30 days of the city's order or decision.

Section 2: Repeal of Conflicting Provisions. All ordinances, parts of

ordinances, or regulations in conflict herewith are repealed.

Section 3: Severability. Should any court of competent jurisdiction declare

any section of this Ordinance invalid or unconstitutional, such declaration shall not

affect the validity of the Ordinance as a whole or any part thereof, which is not

specifically declared to be invalid or unconstitutional.

Section 4: The provisions of this Ordinance shall become and be made a

part of The Code of the City of Brookhaven, Georgia, and the sections of this

Ordinance may be renumbered to accomplish such intention.

SO ORDAINED AND EFFECTIVE, this the ___ day of ___________, 2013.

APPROVED:

_____________________________

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J. Max Davis, Mayor

ATTEST: APPROVED AS TO FORM:

Susan Hiott, City Clerk William F. Riley, City Attorney

(Seal)

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MEMORANDUM



Council


Office


Consideration and Approval of Intergovernmental Agreement Between DeKalb County and City

of Brookhaven for Police Services

BACKGROUND/SUMMARY: This agreement was tabled from the April 23, 2013 meeting because the payment terms had not

been finalized.



ATTACHMENTS:

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MEMORANDUM



SUBMITTING DEPARTMENT: Community

Development


PUBLIC HEARING RZ13-01: REQUEST FOR 60 DAY DEFERRAL Brad Hughes, of

Rockhaven Homes, LLC, Located at 11 Lumpkin St., Suite 200, Lawrenceville, GA 30046,

Seeks the Following: Rezoning of a 3.9 Acre Parcel Located at 1475 North Druid Hills Road,

NE, Atlanta, Georgia 30319, from R-75 to RM-75 to Allow for the Construction of a 40-Unit

Townhome Project. the Tax Parcel Number of the Subject Property is 18 200 04 042.

BACKGROUND/SUMMARY: On February 27, 2013 Rockhaven Homes, LLC made application for rezoning. At that time,

Rockhaven was the prospective purchaser of the 3.909-acre tract located at 1475 N. Druid Hills

Rd. Between the date of application in February and the Planning Commission meeting on May

1, 2013, Rockhaven rescinded their purchase contract on the subject property.

Simultaneously, the North Atlanta Gospel Chapel, LLC, the owner of the property, transferred

Authorization to Act as Applicant from Rockhaven Homes, LLC to Residential South Partners,

LLC, represented by Mr. G. Douglas Dillard.

A 60-day deferral of this item has been requested to allow time for an amendment to the

application and an amendment to the site plan.

The Planning Commission recommended deferral of this case during their May 1, 2013 meeting

based on the above information.

If the requested deferral is granted by the Mayor and Council, the deadline for the amendment to

the application and site plan is May 31, 2013 with respective new hearing dates as follows:

Planning Commission Hearing: July 3, 2013

Mayor and Council Hearing: July 9, 2013



Staff supports the requested deferral.

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Ordinance (ID # 1031) Meeting of May 14, 2013

Page 2

Please note the staff reported included within this agenda package is based on the original

applicant and site plan.

ATTACHMENTS:

ATTACHMENTS:

1st application amendment (PDF)

Applicant Deferral Request (PDF)

Staff Recommendation RZ13-01 (PDF)

Comp Plan (PDF)

Opposition (PDF)

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Attachment: 1st application amendment (1031 : 1475 N Druid Hills Rezoning)

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Attachment: Applicant Deferral Request (1031 : 1475 N Druid Hills Rezoning)

Rezoning Petition: RZ13-01

Date of Staff Recommendation Preparation: April 24, 2013 Planning Commission Public Hearing Date: May 1, 2013

Mayor and City Council Public Hearing Date: May 28, 2013

Project Name /Applicant: Brad Hughes, Rockhaven Homes

Property Location: 1475 North Druid Hills Road

Acreage: 3.909

Existing Zoning: R-75 (Single-Family Residential)

Proposed Zoning: RM-75 (Multi-Family Residential)

Owner/Petitioner: North Atlanta Gospel Chapel Owner/Petitioner’s Intent: Development of 40-unit townhome complex

Community Development Department Recommendation

Approval (Subject to Recommended Conditions) _____X______ Denial ____________

Location Map

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BACKGROUND The site is currently a house of worship, the North Atlanta Gospel Chapel, consisting of 3.909 acres with one structure, a paved parking lot on the southwest side of the building and an additional, larger paved parking lot on the north side of the building. Currently zoned R-75 (Single family Residential District), the lot is located on the west side of North Druid Hills Road, approximately halfway between the intersections of Colonial Drive and Brookshire Lane. The subject property is surrounded by single-family detached homes immediately adjacent, with the exception of a 7-unit townhome property to the south. The lot is considerably higher in elevation than the grade elevation at the centerline of the adjacent street, and has limited sight distance to the north due to its location inside a curve in the road. There are no trees on the interior portion of the lot, yet the lot’s boundary is effectively completely wooded with a mature canopy of mixed hardwoods and pine trees. The applicant, Rockhaven Homes, is seeking to rezone the site from R-75 (single-family residential) to RM-75 (Multi-family Residential District) to construct a 40 unit townhome project with a final development density of 10.23 dwelling units per acre.

SITE PLAN ANALYSIS The submitted site plan indicates the demolition of the existing structure and parking lots on the site, to allow for the construction of 40 townhome units divided into six individual structures. If rezoned in accordance with the submitted site plan, the building setbacks for the structures proposed on the east and west sides of the lot will require zoning variances from the City’s Zoning Board of Appeals. The east building is proposed to be built 15 feet from the right of way (the district standard is 35 feet), and the building proposed for the west side is indicated to be built 25 feet from the property line (the district standard is 40 feet). Although the buildings adjacent to the north and south property lines are compliant with the district standard 20-foot side yard building setback, there is a requirement for a 50-foot, non-disturbed buffer between two dissimilar zoning districts. The applicant will need to secure a variance to permit the indicated 20-foot buffer, 10 feet of which is to be left as non-disturbed. A new, 24-foot wide private driveway will access the site at the southeast corner of the lot, and route its way west, along the southern property border to the interior of the property, before turning toward the northwest corner to provide access to the homes on the western side of the lot. Two storm water ponds are proposed, one in the far southwest corner of the lot, the other centered adjacent to the northern property boundary. A large, landscaped traffic island is proposed just west of the lot’s center, to be used as a park area, constructed as a focal point for the four townhome buildings which face it. Although the private street that serves the project is proposed to be 24 feet wide, there are two stubbed alleyways which are 16 feet wide, and one more that is 18 feet wide.

LANDSCAPE PLAN ANALYSIS The landscape plan submitted is not a construction drawing, but appears to indicate the removal of the lot’s existing trees which border the property. The existing canopy on the site is located along the property lines to the south, west and north, and is less than 30 feet in depth in most places. The tree replacement plan provided in the applicant’s submittal documents indicates a 20 foot landscape buffer on the north and south property lines, a 25 foot buffer on the western property line and a 15 foot buffer on the east side, adjacent to North Druid Hills Road. In these buffers, the applicant plans to install replacement trees to

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repopulate a landscape buffer yard between the new townhomes and the existing land uses adjacent.

ADJACENT LANDS ANALYSIS

Direction Zoning Current Land Use Current Density Future Land Use

North R-75/R-A8

Single family residential, detached 3.5 DU/Acre

Traditional Neighborhood

East R-75

Single family residential, detached 3.9 DU/Acre Suburban

South R-A5

Single family residential, attached 3.2 DU/Acre Suburban

West R-A8

Single family residential, detached 5.8 DU/Acre

Traditional Neighborhood/

Suburban

REVIEW STANDARDS AND FACTORS

1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan. This property is listed on the future land use map in DeKalb County’s Comprehensive Plan 2005-2025 as ‘Suburban Character’ and is within close proximity to ‘Traditional Neighborhood’ and ‘Town Center’ character areas. The Comprehensive Plan describes the Suburban Character Area as an area where typical types of suburban residential subdivision development have occurred and where pressures for the typical types of suburban residential subdivision development are greatest. The Plan indicates that the intent of the Suburban Character Area is to recognize those areas of the county that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility. The proposed density for areas of this type is up to 8 dwelling units per acre as described in the Plan policy.

2. Whether the zoning proposal will permit a use that is suitable in view of the use and

development of adjacent and nearby properties? It appears that the townhome use may be consistent with the policy intent of the Plan; however, the proposal does indicate a development density of slightly over ten (10) units per acre, and the Comprehensive Plan limits the density of this character area to eight units per acre.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears that the subject property may have a reasonable economic use as presently zoned based on the church use and potential development of single family homes.

4. Whether the zoning proposal will adversely affect the existing use or usability of

adjacent or nearby property? It appears that mitigating measures may be needed to alleviate adverse affects that may result from additional impact to the area from the development. It shall be noted that the impact on the area may have a more dispersed traffic pattern than the existing church use.

5. Whether there are other existing or changing conditions affecting the use and

development of the property which gives supporting grounds for either approval or disapproval of the zoning proposal? DeKalb County’s 2005 – 2025 Comprehensive Land

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Use Plan indicates this property, and all the property within proximity to this as an “Area Requiring Special Attention – Rapid Development/Land Use Change”, which may provide support to the requested change.

6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or

archaeological resources? There are no such known historic buildings, sites, districts or archaeological resources identified, or known by staff, to be on or near this property.

7. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? North Druid Hills Road is a well-traveled arterial through this part of the city. The Brookhaven Public Works director has requested a traffic study to determine if there are suitable traffic warrants to compel the developer to install either a right turn deceleration lane at the front of the lot, or widen this section of North Druid Hills Road to provide a dedicated left turn lane into the project.

To date, the City of Brookhaven has not received data from the DeKalb County Offices or the DeKalb County School System. The City of Brookhaven Police Department has indicated that the development will increase public safety demands, but not to any significant level.

Community Development Department Recommendation Approval (Subject to Recommended Conditions) _____X______ Denial ____________ Should this application be approved, the staff recommends the following conditions:

RECOMMENDED CONDITIONS

1. The development shall be limited to a maximum of eight (8) dwelling units per acre.

2. The site shall be developed in substantial accordance with the site plan entitled “A

Master Planned Townhome Community for Rockhaven Homes” received February 27,

2013. Any variances required, if authorized by the Zoning Board of Appeals, may

result in altering the site plan to the degree necessary to incorporate revisions.

3. The owner/developer shall dedicate sufficient right-of-way to the City of Brookhaven

along the total property frontage along North Druid Hills Road to provide for a right-

of-way width of fifty (50) from the existing centerline of the roadway or to provide

for twelve (12) from the back of the curb, whichever is greater. The dedication of

right-of-way shall be submitted to the City of Brookhaven prior to the issuance of a

development permit.

4. The owner/developer shall provide a traffic analysis prepared by a registered

engineer to determine the needs for a left turn lane and right turn lane along North

Druid Hill Road.

5. The owner/developer shall install a left turn lane and right turn lane along the

property frontage along North Druid Hills Road, if warranted by the required traffic

analysis.

6. The owner/developer shall develop the subject property to allow for adequate

intersection sight distance from both directions at the project’s entrance onto North

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Druid Hills Road. Landscaping, fencing/walls, and signage shall not obstruct sight

distance.

7. The developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot

grass “beauty” strip between the back of the curb and proposed sidewalk along the

total property frontage along North Druid Hills Road.

8. The site development shall preclude encroachment onto utility easements.

9. The owner/developer shall provide access drives in accordance with DeKalb County

Fire Rescue requirements. The DeKalb County Fire Department shall provide a

complete plan review prior to the issuance of any permits.

10. The owner/developer shall provide access drives in accordance with DeKalb County

Sanitation Service requirements.

11. The owner/developer shall install five (5) foot wide sidewalks along the private

streets within the development.

12. The owner/developer shall install an entry wall along the total property frontage

similar to the property to the South.

13. All exterior architectural treatment shall prohibit vinyl siding.

14. Exterior façade treatment may include brick, stone, stucco, wood-cement based

siding or similar materials.

15. Each grouping of attached buildings shall provide for variation and visual relief

between units.

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Attachment: Comp Plan (1031 : 1475 N Druid Hills Rezoning)

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MEMORANDUM





An Ordinance (First Read) that the Charter of City of Brookhaven, Georgia, Shall be Amended

So that Upon Proper Passage, Section Sec. 2-15 Ordinance Form; Procedures Shall be Revised

BACKGROUND/SUMMARY: The Charter currently requires first and second reads of an ordinance before adoption. This

Charter Amendment will revise Section 2-15. Ordinance form; procedures. Before the adoption

of this Charter Amendment, there must be the following readings: A first read (May 14), and a

first adoption (May 28) and a second adoption (June 11).



ATTACHMENTS:

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AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF BROOKHAVEN, GEORGIA FOR THE PURPOSE OF AMENDING THE

REQUIRED READINGS TO PASS AN ORDINANCE IN SECTION 2.15 OF THE CITY CHARTER

WHEREAS, Section 2.15(a) of the City Charter requires that no ordinance, except emergency ordinance and certain other Ordinances, shall be adopted on the same day it is introduced at a regular or special meeting of the City Council and

must be read twice within a sixty-day period following its first read; and

WHEREAS, the City Council of the City of Brookhaven desires that this restriction on the passage of ordinances be removed and have determined that the Charter of the City of Brookhaven, Georgia should be amended by Home Rule to

make the necessary change; and WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the

State of Georgia, titled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities,

which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. §36-35-1 et seq.; and

WHEREAS, O.C.G.A. §36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

WHEREAS, pursuant to O.C.G.A. §36-35-3, the required notice has been

published in the DeKalb Champion once a week for three weeks prior to its final adoption, and a copy of the proposed amendment has been placed on file in the Office of the Clerk of the City of Brookhaven and in the Office of the Clerk of the

Superior Court of DeKalb County, Georgia, all as required by law; and WHEREAS, the required notice will have been published within the statutory

period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of these Ordinances shall have been read and the Ordinance duly adopted at two consecutive City Council meetings not less than

seven (7) nor more than 60 days apart as required by Georgia law. NOW, THEREFORE, IT IS HEREBY ORDAINED, THE MAYOR AND COUNCIL

OF THE CITY OF BROOKHAVEN, GEORGIA, in accordance with O.C.G.A. §36-35-3, as follows:

Section 1

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That the Charter of the City of Brookhaven, Georgia shall be amended in

accordance with the above so that upon proper passage, Section 2.15 of the City Charter, “Ordinance form; procedures” shall be revised to read as follows:

Sec. 2-15. Ordinance form; procedures (a) Every proposed Ordinance and Resolution shall be introduced in

writing and the City Council shall have the authority to approve, disapprove or amend the same. An Ordinance or Resolution may be

passed at the time it’s offered for the first time.

(b) The catchlines of sections of this charter or any ordinance printed in

boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and:

(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and

(2) Shall not be so deemed when any of such sections,

including the catchlines, are amended or reenacted unless

expressly provided to the contrary.

(c) Furthermore, the article and section headings contained in this charter

shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or

section hereof.

(d) The city council may, by ordinance or resolution, adopt rules and

bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior

conducted in the presence of the city council.

Section 2

All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

Section 3

That the changes to the City Charter as enacted in this Ordinance shall be codified in accordance with state law and the Code of the City of Brookhaven, Georgia.

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SO ORDAINED AND EFFECTIVE, this the ___ day of _____________,

2013.

Approved:

________________________

J. Max Davis, Mayor

Attest: Approved as to Form:

___________________________ ___ Susan Hiott, City Clerk William F. Riley, Acting City Attorney

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MEMORANDUM





An Ordinance to Amend Chapter 4, Alcoholic Beverages, of the Code of the City of

Brookhaven, Georgia, to Amend and Provide Specific Alcohol Pouring and Sales Times; to

Adopt Sales Times as Authorized by Law; and for Other Purposes (First Read)

BACKGROUND/SUMMARY: This ordinance 2013-05-02, First Read, will change specific alcohol pouring and sales times for

City of Brookhaven.



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AN ORDINANCE TO AMEND CHAPTER 4 (“ALCOHOLIC BEVERAGES”) OF THE CODE OF THE CITY OF BROOKHAVEN, GEORGIA, TO AMEND AND PROVIDE SPECIFIC ALCOHOL POURING AND SALES TIMES; TO ADOPT SALES TIMES AS

AUTHORIZED BY LAW; AND FOR OTHER PURPOSES

WHEREAS, the Mayor and Council of the City of Brookhaven are charged with the protection of the public health, safety, and welfare of the citizens of Brookhaven; and

WHEREAS, the Mayor and Council previously adopted Chapter 4 (“Alcoholic Beverages”) of The Code of the City of Brookhaven, Georgia, to mirror many of the established regulations previously existing under DeKalb County; and

WHEREAS, the Mayor and Council desire to adopt sales times for alcoholic beverages and pouring times restrictions that are consistent with the requirements of state law as well as with the intended policies of the City; and WHEREAS, the adoption of said sales times for alcoholic beverages will help preserve the health, safety and welfare of the citizens of the City. NOW THEREFORE, the Council of the City of Brookhaven hereby ordains, as follows:

Section 1: Chapter 4 (“Alcoholic Beverages”) of The Code of the City of

Brookhaven, Georgia, is hereby amended by revising Article III (“Operational Rules for Retailers”), Division 2 (“Establishments Licensed for On-Premises Consumption of Distilled Spirits”), Section 4-128 (“Sunday Sales”) subsection (a), to read as follows:

Sec. 4-128. Sunday Sales

(a) Licensed establishments deriving a minimum of fifty (50) percent of their total annual gross food and beverage sales from the sale of prepared meals or food, or licensed establishments deriving at least fifty (50) percent of their total annual income from the rental of rooms for overnight lodging, are authorized to apply for a Sunday sales permit to sell and serve alcoholic beverages, malt beverages and wine by the drink from 12:30 p.m. on Sunday until 1

Deleted: 2:55 a.m. of the following Monday. Failure to adhere to these standards shall result in the automatic revocation or denial of a Sunday sales permit by the finance department. ¶¶¶Section 2: Chapter 4 (“Alcoholic Beverages”) of The Code of the City of Brookhaven, Georgia, is hereby further amended by revising Article III (“Operational Rules for Retailers”), Division 3 (“Establishments Licensed for On-Premises Consumption of Beer and Wine”), Section 4-147 (“Hours of Sale and Operation”) and 4-149(a) (“Sunday Sales”) to read as follows:¶Sec. 4-147. Hours of Sale and Operation¶Beer and/or wine shall be sold and delivered to the customer for consumption on the premises only during the following hours: ¶¶(a) Monday through Friday hours are from 9:00 a.m. until 31:55 a.m. of the following day.¶¶(b) Saturday hours are from 9:00 a.m. until 21:55 a.m. on Sunday.¶¶(c) Sunday hours are from 12:30 p.m. until 21:55 a.m. on Monday as permitted by section 4-149. Sales and deliveries during all other hours are prohibited. There shall be no consumption on the premises after prohibited hours have been in effect for one-half (½) hour. All licensed establishments must close their premises to the public and clear their premises of patrons within one (1) hour after the time set by this chapter for discontinuance of the sale of alcoholic beverages on the premises and shall not reopen their premises to the public until 9:00 a.m. or thereafter. ¶¶Sec. 4-149. Sunday Sales.¶(a) Licensed establishments deriving a minimum of sixty (60) percent of their total annual gross food and beverage sales from the sale of prepared meals or food, or licensed establishments deriving at least sixty (60) percent of their total annual gross income from the rental of rooms for overnight lodging, are authorized to apply for a Sunday sales permit to sell and serve alcoholic beverages by the drink from 12:30 p.m. on Sunday until 21:55 a.m. of the following Monday. Failure to adhere to these standards shall result in the automatic revocation or denial of a Sunday sales permit by the Finance Department. ¶

. . . .¶

. . . . ¶

. . . .¶¶Section 3: Chapter 4 (“Alcoholic Beverages”) of The Code of the City of Brookhaven, Georgia, is hereby further amended by revising Article III (“Operational Rules for Retailers”), Division 4 (“Private Clubs”), Section 4-162 (“Hours of Sale and Operation”) and 4-164(a) (“Sunday Sales”) to read as follows:¶ ...

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MEMORANDUM





Public Hearing and Resolution to Abandon the Right of Way on Property Located on Land Lot

237 of the 18Th Land District, DeKalb County, Georgia, at the Right of Way Alta Vista Drive

and Milowyn Place, at Drew Valley Neighborhood

BACKGROUND/SUMMARY: Purpose

The attached resolution for the City Council’s consideration is for making a determination that a 0.152

acre section of Alta Vista Drive has ceased to be used by the public to the extent that no substantial public

purpose is served by said section of right-of-way and to consider the abandonment of said right-of-way

and authorizing the sale of the property to the adjoining property owner for the appraised Fair Market

Value

Background

The City has received a formal written request from the adjacent property owner to abandon a 0.152 acre

section of Alta Vista Drive as shown on the attached survey, legal description. A copy of this request is

also attached.

The 0.152 acre tract is part of a strip of the right-of-way of Alta Vista Road between Milowyn Place and

Dresden Drive on which no roadway has been built. In addition to the three lots owned by the requesting

party, there are eight (8) other lots which abut this strip of unbuilt right-of-way. I have determined that

this 0.152 section of the unbuilt right-of-way still leaves adequate right-of-way to provide public access to

the other abutting lots and also to complete the remaining portion of Alta Vista Drive in the future.

The requesting party has provided an appraisal of the 0.152 acre tract prepared by and independent right-

of-way appraiser approved by the Georgia Department of Transportation. The appraised fair market value

of the tract is $21,915.00. Sale of the property would return it to the tax roll and facilitate the enjoyment

of the highest and best use of the abutting owner’s property.

The City Attorney has reviewed the attached resolution and had approved it as to form.


STAFF RECOMMENDATION: Approve the attached resolution and authorize the City Manager to execute all necessary documents for

the sale of the described property to the adjacent property owner.

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Resolution RES-2013-05-01 Meeting of May 14, 2013

Page 2

ATTACHMENTS:

ATTACHMENTS:

LEGAL DESCRIPTION for QC 4-16-13 (PDF)

Road Abandonment Notice Letter_20130429 (PDF)

11x8 5 Alta Vista 4-16-13 (PDF)

Exhibit - Alta Vista ROW Abandonment (PDF)

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A RESOLUTION TO ABANDON THE RIGHT OF WAY ON PROPERTY LOCATED ON LAND LOT 237 OF THE 18TH LAND DISTRICT, DEKALB COUNTY,

GEORGIA, AT THE RIGHT-OF-WAY ALTA VISTA DRIVE AND MILOWYn PLACE, AT DREW VALLEY NEIGHBORHOOD

WHEREAS, a Request for Abandonment was submitted by Haven Real Estate Investments, Inc., representing owners of adjacent property, to abandon a 0.152-acre right-of-way strip located on Land Lot 237, 18th

Land District, DeKalb County, at Drew Valley Neighborhood and the right-of-way intersections of Alta Vista Drive and Milowyn Place inside

the City of Brookhaven; and WHEREAS, the attached Request for Abandonment specifically describes this right-

of-way strip by way of a full Legal Description and survey; and WHEREAS, the City Council has conducted, pursuant to O.C.G.A. Section 32-7-2,

a proper public hearing to afford all neighbors and other interested parties the opportunity to voice any support and opposition thereto,

and proper notice to adjacent property owners was made of same; and WHEREAS, the City has never utilized this right-of-way strip for a public purpose

and no future use is planned for, nor public purpose served by, it; and WHEREAS, the City Council, having conducted the public hearing and participated

in the discussion of this Request for Abandonment, desires to abandon said right-of-way and dispose of same pursuant to Chapter 7 of Title

32 of the O.C.G.A.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY

COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA as follows:

Section 1: That the City Council hereby certifies and finds that the 0.152 acre right-of-way strip described in detail in documentation attached hereto and

incorporated herein (hereinafter “Right-of-way Strip”) is not being used for the public to the extent that no public purpose is served by it and its removal from the

municipal road system is otherwise in the best public interest. Section 2: That pursuant to said certification and determination, the Right-

of-Way Strip is hereby abandoned and designated no longer a part of the municipal road system.

Section 3: That the City Staff, City Manager and City Attorney are hereby directed to dispose of this Right-of-Way Strip pursuant to the requirements of Title

32, Chapter 7 of the O.C.G.A. by offering same for a determined fair market value

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price to the abutting landowner(s). The City Manager, City Staff and City Attorney are hereby authorized to execute all necessary documentation to effect the proper

disposition thereof.

SO RESOLVED AND EFFECTIVE on this the 14th day of May, 2013.

Approved:

____________________________

J. Max Davis, Mayor

(seal)

Attest:

_____________________________ Susan Hiott, City Clerk

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LEGAL DESCRIPTION Alta Vista Drive Right-of-way

All that tract or parcel of land lying and being in Land Lot 237 of the 18th Land District, Dekalb County, Georgia and being more particularly described as follows; To find the true point of beginning, commence at the intersection of the southerly right-of-way of Dresden Drive and the northeast right-of-way of Alta Vista Drive; THENCE leaving said right-of-way and traveling on said northeast right-of-way of Alta Vista Drive in a generally southeasterly direction for a distance of 576.5 feet to a point, said point being THE TRUE POINT OF BEGINNING. THENCE from said point as thus established, traveling on said existing right-of-way of Alta Vista Drive the following four (4) courses and distances: South 41 degrees 49 minutes 53 seconds East for a distance of 50.03 feet to a point; THENCE South 41 degrees 49 minutes 53 seconds East for a distance of 5.28 feet to a point; THENCE along a curve to the right having a radius of 478.00 feet and an arc length of 44.72 feet, being subtended by a chord of South 39 degrees 09 minutes 05 seconds East for a distance of 44.70 feet to a point; THENCE along a curve to the right having a radius of 478.00 feet and an arc length of 50.00 feet, being subtended by a chord of South 33 degrees 28 minutes 30 seconds East for a distance of 49.98 feet to a point; THENCE leaving said existing right-of-way and traveling along the new proposed right-of-way of Alta Vista Drive the following five (5) courses and distances: South 59 degrees 31 minutes 18 seconds West for a distance of 14.16 feet to a point; THENCE along a curve to the left having a radius of 185.07 feet and an arc length of 104.45 feet, being subtended by a chord of North 64 degrees 19 minutes 06 seconds West for a distance of 103.07 feet to a point; THENCE along a curve to the right having a radius of 30.00 feet and an arc length of 42.89 feet, being subtended by a chord of North 39 degrees 31 minutes 49 seconds West for a distance of 39.33 feet to a point; THENCE North 01 degrees 25 minutes 33 seconds East for a distance of 16.60 feet to a point; THENCE North 48 degrees 10 minutes 07 seconds East for a distance of 49.70 feet to a point, said point being THE TRUE POINT OF BEGINNING. Said property contains 0.152 acres.

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April 29, 2013 BY FIRST CLASS MAIL TRESSIE G KITCHENS 1202 HALE ST WAYNESBORO, GA 30830-1057 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,

This correspondence is official notice, pursuant to O.C.G.A. §32-7-2, that a request for Right-of-way

Abandonment has been filed with the City to abandon a portion of the right-of-way of Alta Vista

Drive as more particularly described in the attached legal description and shown on the attached

exhibit. The Public Hearing regarding this application will take place at the Brookhaven Mayor and

Council Meeting on May 14, 2013 at 2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329, at

which time any person may make comment to Mayor and Council regarding said application.

The Mayor and City Council of Brookhaven will consider this Abandonment application pursuant to

Title 32, Chapter 7 of the O.C.G.A.

Sincerely,

Richard Meehan

Director of Public Works

City of Brookhaven, Georgia

RJM/rjm

Cc: Susan Hiott, City Clerk

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April 29, 2013 BY FIRST CLASS MAIL MATTHEW S BRANNAN 1542 MILOWYN PL ATLANTA, GA 30319-3514 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL IDA ADELA ESCARPANTER DOYAGUE 1543 MILOWYN PL ATLANTA, GA 30319-3513 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL ROBERT S BURNS 1548 MILOWYN PL ATLANTA, GA 30319-3514 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL JANE P EMERSON 1549 MILOWYN PL ATLANTA, GA 30319-3513 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL MARGARET H TURNER 1560 MILOWYN PL ATLANTA, GA 30319-3514 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL CLARA T HOLLIDAY 1563 DRESDEN DR ATLANTA, GA 30319-3566 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL VIRGINIA C KENNEDY 1570 MILOWYN PL ATLANTA, GA 30319-3514 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL JEFFREY F KOSHKIN 1588 GRANT DR ATLANTA, GA 30319-3564 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL ANDREA C STOVALL 1660 WILLIAMS CIR CUMMING, GA 30041-8402 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL GEORGE ULRICH 2050 STOCKTON WALK LN SNELLVILLE, GA 30078-2377 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL BROOKHAVEN HOMES DESIGNS LLC 2370 NESBIT DR ATLANTA, GA 30319- RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL BEVERLY JANE WEST 2469 OOSTANAULA DR ATLANTA, GA 30319-3521 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL RONALD W HELLER 2489 ALTA VISTA DR ATLANTA, GA 30319-3501 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL MATT HINES 2497 ALTA VISTA DR ATLANTA, GA 30319-3501 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL BLAIR N BELTON 2503 ALTA VISTA DR ATLANTA, GA 30319-3503 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL EVEREST L CHIU 2508 ALTA VISTA DR ATLANTA, GA 30319-3504 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL MATTHEW J OSUCHA 2518 ALTA VISTA DR ATLANTA, GA 30319-3504 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL BOBBY W FRANCIS, SR 2637 CAMILLE DR ATLANTA, GA 30319-3239 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL JOHN MACK AMBER 27825 SW 175TH CT HOMESTEAD, FL 33031-2329 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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April 29, 2013 BY FIRST CLASS MAIL DOROTHY L KEMMITZER 3345 N SHARON CHURCH RD LOGANVILLE, GA 30052-5204 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL TODD E COLE 5117 CHIPPING DR ACWORTH, GA 30101-8074 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL ZACK H WILLIAMS 6145 RIVERSIDE DR ATLANTA, GA 30328-3621 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



RJM/rjm


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April 29, 2013 BY FIRST CLASS MAIL ELIZABETH R KONTIO 93 BLACKLAND CT ATLANTA, GA 30342-4434 RE: Notice of Public Hearing on Right-of-Way Abandonment Request Dear Property Owner,









Sincerely,

Richard Meehan



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Dresden Dr NeTh

omps

on R

d Ne

Milowyn Pl Ne

Wayland Cir NeAlta Vista Dr Ne

Richwood Dr Ne

Prepared by theCity of Brookhaven IT/GIS Department

May 6, 2013

Incorporated 17 December 2012

Alta Vista Drive Requested Right-of-Way Abandonment

This map has been compiled from the most accurate source data fromCity of Brookhaven and/or other agencies. However, this map is for

informational purposes only and is not to be interpreted as a legal document.The City assumes no legal responsibility for the information shown on this map.

For inquiries please contact the City of Brookhaven.Copyright © 2013, By the City of Brookhaven, GA 30338-2668.

All rights reserved.Requests should be made to theCity's IT/GIS Department at (404) 637-0500

LegendRoad CenterlineProposed Right-of-Way AbandonmentBuildings

H:\GIS\PublicWorks\Projects\2013\RMeehan_AltaVista_ROW

4

0 50 100 150Feet

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MEMORANDUM





Resolution for the Assessment of the Annual Cost of Maintaining and Operating Traffic Calming

Measures in Established Traffic Calming District

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

Memorandum - Traffic Calming Fee Resolution 2013-05-08 (DOC)

Resolution for Traffic Calming Districtsfinal (DOC)

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A RESOLUTION PROVIDING FOR THE ASSESSMENT OF THE ANNUAL COST OF MAINTAINING AND OPERATING TRAFFIC CALMING MEASURES IN

ESTABLISHED TRAFFIC CALMING DISTRICTS WHEREAS, Article IX, Section II Paragraph 6, of the Constitution of the State of

Georgia and Chapter 17, Article III, Division 3 of the City of Brookhaven Code of Ordinances authorizes and empowers the City Council of the City of Brookhaven, Georgia to establish districts for the

purpose of building, erecting, establishing, maintaining, and operating traffic calming measures in the City of Brookhaven, and to levy a

special assessment or fee against all property served by these functions; and

WHEREAS, DeKalb County, prior to the incorporation of the City of Brookhaven on December 17, 2012, had established Traffic Calming Districts within the boundaries of the City; and

WHEREAS, on January 17, 2013, the City of Brookhaven took over responsibility

for all the Traffic Calming Measures and Traffic Calming Districts within the boundaries of the City; and

WHEREAS, in the 2012 tax year, DeKalb County levied a special assessment or fee against all property served by the functions of the established Traffic Calming District.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY


Section 1: That in the 2013 tax year, a special assessment be levied against all property served by the functions of the established Traffic Calming

Districts on Alden Place, Ashentree Court, Ashentree Drive, Ashford Park Court, Ashford Place, Ashford Road, Barkston Court, Battleford Court, Berkford Circle, Berkford Court, Bonnington Court, Brawley Circle, Brawley Drive, Brawley Way,

Brenton Way, Brooke Greene, Brookgate Way, Brookhaven Village Circle, Brooklawn Court, Brooklawn Road, Bubbling Creek Road, Caldwell Road, Candler

Lake Court, Candler Lake East, Candler Lake West, Chelsea Crescent, Chesson Court, Club Walk Drive, Coosawattee Drive, Cortez Lane, Cranton Court, Crossway Drive, Crosswycke Forest Circle, Crosswycke Forest Court, Crosswycke Forest Drive,

Drew Valley Road, Duncannon Court, Dunlop Court, Dunwoody Terrace, East Drew Valley Road, East Nancy Creek Drive, Fernwood Circle, Grant Drive, Harrison Park Drive, Hasty Court, Hearst Drive, Hermance Drive, Ivy Brook Lane, Kadleston Way,

Kendrick Road, Lanier Drive, Lenox Crest, Lenox Valley, Long Branch Court, Mabry Road, Murphey Candler Court, Nancy Creek Way, Oaklawn Avenue, Old Johnson

Ferry Road, Oxford Crescent, Redding Road, Redding Way, Regency Park Court,

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Runnymeade, Saint Clair Court, Shadecrest Drive, Shadow Lane, Shady Valley Drive, Shady Valley Place, Star Drive, Stratfield Circle, Stratfield Drive, Sunland

Drive, Sylvan Circle, The Ascent, Tobey Road, Tripplecreek Court, Tugaloo Drive, Wayside Drive, West Candler Lake Court, West Nancy Creek Court, West Nancy Creek Drive, Westbrooke Circle, Westbrooke Way, Winding Lane, Woodrow Way at

the same rate as assessed by DeKalb County in the 2012 tax year which is $25.00 per parcel.

Section 2: That a copy of this resolution be transmitted to the Tax

Commissioner of DeKalb County, Georgia for the collection of any and all taxes and/or special assessments and/or service charges which may be imposed against any and all businesses, residents, and property served by said facilities.


Approved:

____________________________

J. Max Davis, Mayor

(seal)

Attest:

_____________________________ Susan Hiott, City Clerk

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Memorandum

To: Marie Garrett, City Manager CC:

From: Richard Meehan, Director of Public Works

Date: May 8, 2013

Re: Traffic Calming Fee Resolution

Purpose

The attached resolution for the City Council’s consideration is for adopting the Traffic Calming Fee Rate

for established Traffic Calming Districts in the City of Brookhaven for the 2013 tax year.

Background

DeKalb County for many years, has had a program for installing and maintaining traffic calming measures

on local/residential streets in unincorporated areas of the county. In adopting Chapter 17 of the City of

Brookhaven Code of Ordinances, the City Council has adopted the same Traffic Calming Program. Under

this program, a street or group of can petition the county to conduct traffic a study and make a

determination if traffic calming measures are warranted. If measures are warranted, a design is prepared

and presented to the affected residents, and if 65% of the residents approve of the measures, the City

Council can establish a Traffic Calming District, authorize the installation of the agreed upon measures,

and assess an annual fee per parcel for the properties included in the district for maintenance of the traffic calming measures.

Before the City of Brookhaven was established, the DeKalb had established Traffic Calming Districts on

approximately 85 street within the current city limits. The City of Brookhaven since its incorporation and

has taken over the operation and maintenance of these public roads and streets. As a part of this, the city

has also agreed to take over these established Traffic Calming Districts and the maintenance of the

measures within these districts. In order to cover the cost of this maintenance, the City of Brookhaven will

need to assess and collect the traffic calming fees that property owners had previously paid to DeKalb

County annually as a Special Assessment Fee on their Property Tax Bills. The attached resolution adopts

the assessment at the same rate that DeKalb assessed in the 2012 tax year of $25.00 per parcel.

The 2013 Budget that was adopted by the City Council includes an anticipated $45,000 in Traffic Calming Fees Revenue based on estimates received from DeKalb County. As we are going through the files

received from the county, we are finding many parcels within the established districts that have not been

properly billed for the traffic calming fee. As these parcels are being added and the files updated for

submittal to the Tax Commissioner for this year’s assessment billing, we are getting a more accurate

amount for the total street light assessment. We are still going through the files so we do not have a final

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number, but based on what we have found so far, we expect the final assessment will exceed the budgeted

amount.

Action Requested

Consideration and Approval of the attached Resolution providing for the assessment of the annual cost of

maintaining and operating traffic calming measure in established traffic calming districts.

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STATE OF GEORGIA

CITY OF BROOKHAVEN RESOLUTION 2013-XX-

XX2013-05-02

A RESOLUTION PROVIDING FOR THE ASSESSMENT OF THE ANNUAL COST

OF MAINTAINING AND OPERATING TRAFFIC CALMING MEASURES IN

ESTABLISHED TRAFFIC CALMING DISTRICTS

WHEREAS, Article IX, Section II Paragraph 6, of the Constitution of the State of

Georgia and Chapter 17, Article III, Division 3 of the City of Brookhaven Code of Ordinances authorizes and empowers the City

Council of the City of Brookhaven, Georgia to establish districts for the

purpose of building, erecting, establishing, maintaining, and operating traffic calming measures in the City of Brookhaven, and to levy a

special assessment or fee against all property served by these

functions; and

WHEREAS, DeKalb County, prior to the incorporation of the City of Brookhaven on

December 17, 2012, had established Traffic Calming Districts within

the boundaries of the City; and


for all the Traffic Calming Measures and Traffic Calming Districts within the boundaries of the City; and

WHEREAS, in the 2012 tax year, DeKalb County levied a special assessment or fee

against all property served by the functions of the established Traffic Calming District.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA as follows:

Section 1: That in the 2013 tax year, a special assessment be levied

against all property served by the functions of the established Traffic Calming Districts on Alden Place, Ashentree Court, Ashentree Drive, Ashford Park Court,

Ashford Place, Ashford Road, Barkston Court, Battleford Court, Berkford Circle,

Berkford Court, Bonnington Court, Brawley Circle, Brawley Drive, Brawley Way,

Brenton Way, Brooke Greene, Brookgate Way, Brookhaven Village Circle, Brooklawn Court, Brooklawn Road, Bubbling Creek Road, Caldwell Road, Candler

Lake Court, Candler Lake East, Candler Lake West, Chelsea Crescent, Chesson

Court, Club Walk Drive, Coosawattee Drive, Cortez Lane, Cranton Court, Crossway Drive, Crosswycke Forest Circle, Crosswycke Forest Court, Crosswycke Forest Drive,

Drew Valley Road, Duncannon Court, Dunlop Court, Dunwoody Terrace, East Drew

Valley Road, East Nancy Creek Drive, Fernwood Circle, Grant Drive, Harrison Park

Drive, Hasty Court, Hearst Drive, Hermance Drive, Ivy Brook Lane, Kadleston Way, Kendrick Road, Lanier Drive, Lenox Crest, Lenox Valley, Long Branch Court, Mabry

Road, Murphey Candler Court, Nancy Creek Way, Oaklawn Avenue, Old Johnson

Ferry Road, Oxford Crescent, Redding Road, Redding Way, Regency Park Court, Runnymeade, Saint Clair Court, Shadecrest Drive, Shadow Lane, Shady Valley

Drive, Shady Valley Place, Star Drive, Stratfield Circle, Stratfield Drive, Sunland

Drive, Sylvan Circle, The Ascent, Tobey Road, Tripplecreek Court, Tugaloo Drive, Wayside Drive, West Candler Lake Court, West Nancy Creek Court, West Nancy

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Creek Drive, Westbrooke Circle, Westbrooke Way, Winding Lane, Woodrow Way at

the same rate as assessed by DeKalb County in the 2012 tax year which is $25.00 per parcel.

Section 2: IT IS ORDERED tThat a copy of this resolution be transmitted to the Tax Commissioner of DeKalb County, Georgia for the collection of any and all

taxes and/or special assessments and/or service charges which may be imposed

against any and all businesses, residents, and property served by said facilities.


Approved:

____________________________ J. Max Davis, Mayor

(seal)

Attest:

_____________________________

Susan Hiott, City Clerk

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MEMORANDUM





A Resolution Providing for the Assessment of the Annual Cost of Maintaining and Operating

Street Lights in Established Street Light Districts

BACKGROUND/SUMMARY: Purpose

The attached resolution for the City Council’s consideration is for adopting the Street Light Fee Rate for

established Street Light Districts in the City of Brookhaven for the 2013 tax year, adopt a street light fee

rate for assessing non single-family residential parcels not already a part of established street light districts

starting in the 2014 tax year, and direct the City Manager to audit the street light fees and costs on an

annual basis, starting before adoption of the 2015 city budget, and make recommendations for adjustment

of the street light fee rates.

Background

DeKalb County for many years, beginning in the 1950’s, has had a residential street light program for the

unincorporated areas of the county. Under this program, a street or group of street that desire to have

street lights can petition the county to install street lights and agree to pay a fee, based on a rate per

frontage foot, to cover the costs of maintenance and power on those lights. Before the City of Brookhaven

was established, the county had established approximately 140 of these street light districts.

The City of Brookhaven since its incorporation and has taken over the operation and maintenance of the

public roads and streets within the city boundaries. As a part of this, the city has also agreed to take over

the street lights and the established street light districts within the city. This includes taken responsibility

for the cost of the power and maintenance of the street lights and the responsibilities for adding additional

lights and establishing new street light districts.

In order to cover the cost of the power, maintenance, and oversight of the street light program, the City of

Brookhaven will need to assess and collect the street light fees that property owners had previously paid to

DeKalb County annually as a Special Assessment Fee on their Property Tax Bills. The attached resolution

adopts the assessment at the same rate that DeKalb assessed in the 2012 tax year. This rate varies for each

established street light district. A table showing the rate and the streets included in each district is

attached as well.

The 2013 Budget that was adopted by the City Council includes an anticipated $320,000 in Street Light

Fees Revenue. As we are going through the files received from DeKalb County, we are finding many

parcels within the established districts that have not been properly billed for the street light fee. As these

parcels are being added and the files updated for submittal to the Tax Commissioner for this year’s

assessment billing, we are getting a more accurate amount for the total street light assessment. We are

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still going through the files so we do not have a final number, but based on what we have found so far, we

expect the final assessment will exceed the budgeted amount.

In addition to the established street light distracts, there are several streets inside the city that are no

included in the established districts that have street lights. These are generally the major arterials such as

Peachtree Street, Buford Highway, Clairmont Road, and North Druid Hills Road that primarily are fronted

by commercial and multi-family properties. The City is responsible for paying for the cost of power and

maintenance for these lights but the property owners along these roads are not assessed for the cost, even

though they do receive some benefit from these lights along with the general traveling public.

Commercial and Multi-family properties that are within the boundaries of established street light districts

are assessed and have been paying street light fees.

Section 2 of the attached resolution would assess a street light fee at $0.40 per frontage foot, equal to the

lowest rate paid in any of the established districts, to the non single-family residential properties in the

City not already included in established street light districts. This assessment would not take effect or be

billed until the 2014 tax year and the 2014 property tax bills.

Finally, Section 3 of the attached resolution directs the City Manager to make an audit of the fees and

costs of the street light program annually and report to the City Council the results of the audit, starting

before adoption of the 2015 budget. As part of the annual audit of the street light program, the City

manager will make recommendation to the City Council, starting in the 2015 tax year, for adjustments to

the assessed street light fee rates, including a reduction in the rate if so determined, so that the annual

revenue of the program is in line with the annual anticipated cost of power and maintenance.


STAFF RECOMMENDATION: Consideration and Approval of the attached Resolution providing for the assessment of the annual cost of

maintaining and operating street lights in established street light districts.

ATTACHMENTS:

ATTACHMENTS:

Memorandum - Street Light Rate Resolution (DOC)

Resolution for Streetlight Assessment Draft v3 2nomarkup (DOC)

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A RESOLUTION PROVIDING FOR THE ASSESSMENT OF THE ANNUAL COST OF MAINTAINING AND OPERATING STREET LIGHTS IN ESTABLISHED

STREET LIGHT DISTRICTS WHEREAS, Article IX, Section II Paragraph 6, of the Constitution of the State of

Georgia authorizes and empowers the City Council of the City of Brookhaven, Georgia to establish districts for the purpose of building, erecting, establishing, maintaining, and operating street lights for the

illumination of the public streets, roads, and sidewalks in the City of Brookhaven, and to levy a special assessment or fee against all

property served by these functions; and WHEREAS, DeKalb County, prior to the incorporation of the City of Brookhaven on

December 17, 2012, had established Street Light Districts within the boundaries of the City; and

WHEREAS, on January 17, 2013, the City of Brookhaven took over responsibility for all the Street Lights and Street Light Districts within the boundaries

of the City; and WHEREAS, in the 2012 tax year, DeKalb County levied a special assessment or

fee against all property served by the functions of the established Street Light Districts; and

WHEREAS, in the 2012 tax year, DeKalb County levied this special assessment or fee against certain non single-family residential property within the

established Street Light Districts within the boundaries of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY


Section 1: That in the 2013 tax year, a special assessment be levied against all property served by the functions of the established Street Light Districts

58, 60, 64, 65, 01B, 01D, 01H, 01W, 05A, 05B, 05C, 05D, 05E, 06A, 06B, 06C, 06D, 06E, 06F, 06G, 06H, 06I, 06J, 06K, 06L, 06M, 06N, 06O, 06P, 06Q, 07D,

100A, 101EE, 101H, 101I, 101L, 101M, 101S, 101T, 102CC, 102N, 102Y, 104V, 106B, 107G, 107W, 107Z, 108H, 108S, 109H, 111B, 111D, 111E, 111G, 112A, 11A, 11B, 11C, 11D, 11F, 11G, 11H, 1990C, 1991HH, 1991L, 1992M, 1992S,

1993Q, 1993Z, 1995B, 1996CC, 1996I, 1996O, 1996V, 1997FF, 1998D, 1998EE, 1998FF, 1998GG, 1998U, 30W, 31A, 31B, 31C, 31F, 31H, 31I, 31J, 58A, 58B, 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O, 64P, 64Q,

64R, 64S, 64T, 64U, 64V, 64X, 64Y, 64Z, 75M, 75N, 78C, 79A, 80L, 80V, 89BB, 89E, 89T, 91A, Bankshill Row, Chalfont Walk, Daventry Way, Newbridge Trace,

Browning Ln, Tennyson Pl, Ninth Street, Jefferson St, Park Lane, Ashton Trail,

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Mitchell Cove, Alexandria Ct., Beverly Woods Ct, Briarwood Ct, Club Walk Dr, Corporate Blvd, Hartford Glen, Havenridge Ct, Havenridge Ln, Mill Creek Ct,

Oaklawn Ave, Pine Ridge Rd, Sunland Dr, and Woody Tr at the same rate as assessed by DeKalb County in the 2012 tax year.

Section 2: That in the 2014 tax year, a special assessment be levied, at a rate of $0.40 per frontage foot, against all Non Single-Family Residential property

within the boundaries of the City that:

a. Front on public streets and roads that are served with streetlight facilities that are not included in the established Street Light Districts, and

b. Are property that was not already a part of an established Street Light District in the 2012 tax year.

Section 3: That in the 2014 calendar year before the adoption of the 2015 City budget, and in each subsequent year:

a. The City Manager perform an audit of the Annual Streetlight Costs and

Assessed Streetlight Fees, and

b. The City Manager reports the results of said audit to the Mayor and City

Council, and

c. The City Manager makes a recommendation to the Mayor and City Council

for the Streetlight Special Assessment Rate to be levied in each Streetlight District in the following Tax Year based on the results of the audit.

Section 4: That a copy of this resolution be transmitted to the Tax

Commissioner of DeKalb County, Georgia for the collection of any and all taxes

and/or special assessments and/or service charges which may be imposed against any and all businesses, residents, and property served by said facilities.


Approved:

____________________________ J. Max Davis, Mayor

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(seal)

Attest:

_____________________________


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Memorandum

To: Marie Garrett, City Manager CC:

From: Richard Meehan, Director of Public Works

Date: May 8, 2013

Re: Streetlight Rate Resolution

Purpose

The attached resolution for the City Council’s consideration is for adopting the Street Light Fee Rate for

established Street Light Districts in the City of Brookhaven for the 2013 tax year, adopt a street light fee rate for assessing non single-family residential parcels not already a part of established street light districts

starting in the 2014 tax year, and direct the City Manager to audit the street light fees and costs on an

annual basis, starting before adoption of the 2015 city budget, and make recommendations for adjustment

of the street light fee rates.

Background

DeKalb County for many years, beginning in the 1950’s, has had a residential street light program for the

unincorporated areas of the county. Under this program, a street or group of street that desire to have

street lights can petition the county to install street lights and agree to pay a fee, based on a rate per

frontage foot, to cover the costs of maintenance and power on those lights. Before the City of Brookhaven was established, the county had established approximately 140 of these street light districts.

The City of Brookhaven since its incorporation and has taken over the operation and maintenance of the

public roads and streets within the city boundaries. As a part of this, the city has also agreed to take over

the street lights and the established street light districts within the city. This includes taken responsibility

for the cost of the power and maintenance of the street lights and the responsibilities for adding additional

lights and establishing new street light districts.

In order to cover the cost of the power, maintenance, and oversight of the street light program, the City of

Brookhaven will need to assess and collect the street light fees that property owners had previously paid to

DeKalb County annually as a Special Assessment Fee on their Property Tax Bills. The attached resolution

adopts the assessment at the same rate that DeKalb assessed in the 2012 tax year. This rate varies for each established street light district. A table showing the rate and the streets included in each district is

attached as well.

The 2013 Budget that was adopted by the City Council includes an anticipated $320,000 in Street Light

Fees Revenue. As we are going through the files received from DeKalb County, we are finding many

parcels within the established districts that have not been properly billed for the street light fee. As these

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parcels are being added and the files updated for submittal to the Tax Commissioner for this year’s

assessment billing, we are getting a more accurate amount for the total street light assessment. We are

still going through the files so we do not have a final number, but based on what we have found so far, we

expect the final assessment will exceed the budgeted amount.

In addition to the established street light distracts, there are several streets inside the city that are no

included in the established districts that have street lights. These are generally the major arterials such as

Peachtree Street, Buford Highway, Clairmont Road, and North Druid Hills Road that primarily are fronted

by commercial and multi-family properties. The City is responsible for paying for the cost of power and maintenance for these lights but the property owners along these roads are not assessed for the cost, even

though they do receive some benefit from these lights along with the general traveling public.

Commercial and Multi-family properties that are within the boundaries of established street light districts

are assessed and have been paying street light fees.

Section 2 of the attached resolution would assess a street light fee at $0.40 per frontage foot, equal to the

lowest rate paid in any of the established districts, to the non single-family residential properties in the

City not already included in established street light districts. This assessment would not take effect or be

billed until the 2014 tax year and the 2014 property tax bills.

Finally, Section 3 of the attached resolution directs the City Manager to make an audit of the fees and costs of the street light program annually and report to the City Council the results of the audit, starting

before adoption of the 2015 budget. As part of the annual audit of the street light program, the City

manager will make recommendation to the City Council, starting in the 2015 tax year, for adjustments to

the assessed street light fee rates, including a reduction in the rate if so determined, so that the annual

revenue of the program is in line with the annual anticipated cost of power and maintenance.

Action Requested

Consideration and Approval of the attached Resolution providing for the assessment of the annual cost of

maintaining and operating street lights in established street light districts.

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STATE OF GEORGIA

CITY OF BROOKHAVEN RESOLUTION 2013-XX-XX

A RESOLUTION PROVIDING FOR THE ASSESSMENT OF THE ANNUAL COST

OF MAINTAINING AND OPERATING STREET LIGHTS IN ESTABLISHED STREET LIGHT DISTRICTS

WHEREAS, Article IX, Section II Paragraph 6, of the Constitution of the State of

Georgia authorizes and empowers the City Council of the City of Brookhaven, Georgia to establish districts for the purpose of building,

erecting, establishing, maintaining, and operating street lights for the

illumination of the public streets, roads, and sidewalks in the City of Brookhaven, and to levy a special assessment or fee against all

property served by these functions; and

WHEREAS, DeKalb County, prior to the incorporation of the City of Brookhaven on

December 17, 2012, had established Street Light Districts within the

boundaries of the City; and


for all the Street Lights and Street Light Districts within the boundaries

of the City; and

WHEREAS, in the 2012 tax year, DeKalb County levied a special assessment or fee

against all property served by the functions of the established Street Light Districts; and

WHEREAS, in the 2012 tax year, DeKalb County levied this special assessment or

fee against certain non single-family residential property within the established Street Light Districts within the boundaries of the City.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA as follows:

Section 1: That in the 2013 tax year, a special assessment be levied

against all property served by the functions of the established Street Light Districts [LIST OF DISTRICTS] 58, 60, 64, 65, 01B, 01D, 01H, 01W, 05A, 05B, 05C, 05D,

05E, 06A, 06B, 06C, 06D, 06E, 06F, 06G, 06H, 06I, 06J, 06K, 06L, 06M, 06N, 06O,

06P, 06Q, 07D, 100A, 101EE, 101H, 101I, 101L, 101M, 101S, 101T, 102CC, 102N,

102Y, 104V, 106B, 107G, 107W, 107Z, 108H, 108S, 109H, 111B, 111D, 111E, 111G, 112A, 11A, 11B, 11C, 11D, 11F, 11G, 11H, 1990C, 1991HH, 1991L, 1992M,

1992S, 1993Q, 1993Z, 1995B, 1996CC, 1996I, 1996O, 1996V, 1997FF, 1998D,

1998EE, 1998FF, 1998GG, 1998U, 30W, 31A, 31B, 31C, 31F, 31H, 31I, 31J, 58A, 58B, 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O,

64P, 64Q, 64R, 64S, 64T, 64U, 64V, 64X, 64Y, 64Z, 75M, 75N, 78C, 79A, 80L, 80V,

89BB, 89E, 89T, 91A, Bankshill Row, Chalfont Walk, Daventry Way, Newbridge

Trace, Browning Ln, Tennyson Pl, Ninth Street, Jefferson St, Park Lane, Ashton Trail, Mitchell Cove, Alexandria Ct., Beverly Woods Ct, Briarwood Ct, Club Walk Dr,

Corporate Blvd, Hartford Glen, Havenridge Ct, Havenridge Ln, Mill Creek Ct,

Oaklawn Ave, Pine Ridge Rd, Sunland Dr, and Woody Tr at the same rate as assessed by DeKalb County in the 2012 tax year.

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Section 2: That in the 2014 tax year, a special assessment be levied, at a

rate of $0.40 per frontage foot, against all Non Single-Family Residential property

within the boundaries of the City that:

a. Front on public streets and roads that are served with streetlight facilities

that are not included in the established Street Light Districts, and

b. Are property that was not already a part of an established Street Light

District in the 2012 tax year.

Section 3: That in the 2014 calendar year before establishment the

adoption of the 2015 City budget, and in each subsequent year:

a. The City Manager and the Director of Public Works perform an audit of the Annual Streetlight Costs and Assessed Streetlight Fees, and

b. The City Manager reports the results of said audit to the Mayor and City Council, and

c. The City Manager makes a recommendation to the Mayor and City Council for the Streetlight Special Assessment Rate to be levied in each

Streetlight District in the following Tax Year based on the results of the

audit.

Section 4: IT IS ORDERED tThat a copy of this resolution be transmitted

to the Tax Commissioner of DeKalb County, Georgia for the collection of any and all

taxes and/or special assessments and/or service charges which may be imposed against any and all businesses, residents, and property served by said facilities.


Approved:

____________________________

J. Max Davis, Mayor

(seal)

Attest:

_____________________________

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MEMORANDUM





Resolution to Join National Flood Insurance Program

BACKGROUND/SUMMARY: WHEREAS, certain areas of Brookhaven are subject to periodic flooding, or flood-related

erosion, causing serious damage to properties within these areas; and

WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized

by the National Flood Insurance Act of 1968; and

WHEREAS, it is the intent of this City Council to require the recognition and evaluation of

flood, or flood-related erosion hazards in all official actions relating to the land use in areas

having these hazards; and

WHEREAS, this body has the legal authority to adopt land use, and control measures to reduce

future flood losses pursuant to Article IX, Section II of the Constitution of the State of Georgia;

and

WHEREAS, the City of Brookhaven City Council demands progressive and responsible

government.



ATTACHMENTS:

ATTACHMENTS:

COBH - NFIP Resolution of Intentattorneyfinal (DOCX)

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CITY OF BROOKHAVEN

DEKALB COUNTY, STATE OF GEORGIA

RESOLUTION R 2013 - XX - XX

A RESOLUTION TO JOIN THE NATIONAL FLOOD INSURANCE PROGRAM

WHEREAS, certain areas of Brookhaven are subject to periodic flooding, or flood-related









and


government.

NOW, THEREFORE, BE IT RESOLVED AND IT IS DECLARED BY THE CITY

COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA, AS FOLLOWS:

Section 1: The City hereby assures the Federal Insurance Administration that it will

enact as necessary, and maintain in force in those areas having flood, or flood-related erosion

hazards, adequate land use and control measures with effective enforcement provisions

consistent with the Criteria set forth in Part 60 of the National Flood Insurance Program

Regulations (CFR44); and

Section 2: The Mayor and City Council hereby vest the Community Development

Director with the responsibility, authority, and means to:

a. Assist the Administrator, at his request, in his delineation of the limits of the area

having special flood, or flood-related erosion hazards.

b. Provide such information as the Administrator may request concerning present

uses and occupancy of the floodplain, or flood-related erosion areas.

c. Cooperate with Federal, State, and local agencies and private firms which

undertake to study, survey, map, and identify floodplain, or flood-related erosion

areas and cooperate with neighboring communities with respect to management

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of adjoining floodplain, and/or flood-related erosion areas in order to prevent

aggravation of existing hazards.

d. Upon occurrence, notify the Administrator in writing whenever the boundaries of

the Community have been modified by annexation or the community has

otherwise assumed or no longer has authority to adopt and enforce floodplain

management regulations for a particular area. In order that all Flood Hazard

Boundary Map and Flood Insurance Rate Map accurately represent the

community’s boundaries, include within such notification a copy of a map of the

community suitable for reproduction, clearly delineating the new corporate limits

or new area for which the community has assumed or relinquished floodplain

management regulatory authority.

Section 3: The Mayor and City Council hereby appoint the Community Development

Director to maintain for public inspection and to furnish upon request for the

determination of applicable flood insurance risk premium rates within all areas having

special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance

Rate Map, any certificates of flood-proofing, and information on the elevation (in relation

to mean sea level) of the level of the lowest floor (including basement) of all new or

substantially improved structures, and includes whether or not such structures include a

basement, and if the structure has been flood-proofed; and

Section 4: The City agrees to take such other official actions, as may be reasonably

necessary to carry out the objectives of the program.

RESOLVED AND ADOPTED by the City Council of the City of Brookhaven, Georgia,

This day of , 2013.

APPROVED:

J. Max Davis, Mayor

ATTEST:


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CITY OF BROOKHAVEN

DEKALB COUNTY, STATE OF GEORGIA

RESOLUTION R 2013 – XX – XX

A RESOLUTION TO JOIN THE NATIONAL FLOOD INSURANCE PROGRAM

WHEREAS, certain areas of Brookhaven are subject to periodic flooding, or flood-related









and


government.

NOW, THEREFORE, BE IT RESOLVED AND IT IS DECLARED BY THE CITY

COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA, AS FOLLOWS:

Section 1: The City hereby Aassures the Federal Insurance Administration that it will

enact as necessary, and maintain in force in those areas having flood, or flood-related erosion

hazards, adequate land use and control measures with effective enforcement provisions

consistent with the Criteria set forth in Part 60 of the National Flood Insurance Program

Regulations (CFR44); and

Section 2: The Mayor and City Council hereby Vvests the Community Development

DepartmentDirector with the responsibility, authority, and means to:

a. Assist the Administrator, at his request, in his delineation of the limits of the area

having special flood, or flood-related erosion hazards.

b. Provide such information as the Administrator may request concerning present

uses and occupancy of the floodplain, or flood-related erosion areas.

c. Cooperate with Federal, State, and local agencies and private firms which

undertake to study, survey, map, and identify floodplain, or flood-related erosion

areas and cooperate with neighboring communities with respect to management

of adjoining floodplain, and/or flood-related erosion areas in order to prevent

aggravation of existing hazards.

d. Upon occurrence, notify the Administrator in writing whenever the boundaries of

the Community have been modified by annexation or the community has

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otherwise assumed or no longer has authority to adopt and enforce floodplain

management regulations for a particular area. In order that all Flood Hazard

Boundary Map and Flood Insurance Rate Map accurately represent the

community’s boundaries, include within such notification a copy of a map of the

community suitable for reproduction, clearly delineating the new corporate limits

or new area for which the community has assumed or relinquished floodplain

management regulatory authority.

Section 3: The Mayor and City Council hereby Aappoints the Community

Development Director to maintain for public inspection and to furnish upon request for

the determination of applicable flood insurance risk premium rates within all areas

having special flood hazards identified on a Flood Hazard Boundary Map or Flood

Insurance Rate Map, any certificates of flood-proofing, and information on the elevation

(in relation to mean sea level) of the level of the lowest floor (including basement) of all

new or substantially improved structures, and includes whether or not such structures

include a basement, and if the structure has been flood-proofed; and

Section 4: The City Aagrees to take such other official actions, as may be reasonably

necessary to carry out the objectives of the program.

RESOLVED AND ADOPTED by the City Council of the City of Brookhaven, Georgia,

This day of , 2013.

APPROVED:

J. Max Davis, Mayor

ATTEST: APPROVED AS TO FORM:

Susan Hiott, City Clerk William F. Riley, Acting City Attorney

(Seal)

Comment [R1]: No need for attorney signatures on Resolutions.

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5-14 regular meeting agendas and packet

Documents