2013-05-28 brookhaven, ga city council work session - full agenda with packet

7/30/2019 2013-05-28 Brookhaven, GA City Council Work Session - Full Agenda with Packet

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CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL MEMBERS

City of Brookhaven 5/28/2013 4:30 PM Page 1

J. Max Davis, Mayor

Rebecca Williams - District 1

Jim Eyre - District 2

Bates Mattison - District 3

Joe Gebbia - District 4

AGENDA

May 28, 2013 Work Session Meeting 4:30 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) CALL TO ORDER

B) ROLL CALL

C) OPENING REMARKS

1. Library Presentation- Alison L. Weissinger, Director - DeKalb County Public Library /

Ten Minute Presentation

D) UPCOMING AGENDA ITEMS

1. Ordinance (ID # 1050): Amendment to Chapter 7 (Construction Board of Appeals)

2. Discussion of Marta Bus Shelter Agreement

3. Resolution (ID # 1064): A Resolution to Approve the Formation of the BrookhavenGovernmental Finance Corporation

4. Discussion and Review of Alcoholic Beverage Ordinance (Possible Deferral)

E) PRE REGULAR MEETING AGENDA REVIEW

1. May 28, 2013 Regular Meeting Agenda - 7:00 P.M.

F) OTHER AGENDA ITEMS

G) OTHER BUSINESS

1. Follow-Up to Further Zoning Ordinance Amendments 1. Consideration to AmendHeight Definition to Apply City-Wide. 2. Consideration to Increase Single Family Height

Limit from Thirty-Five Feet (35') to Forty Feet (40'). 3. Consideration to Delete

Threshold Requirement.

2. Report on Schedule of Fees for Planning and Zoning


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Agenda Brookhaven City Council May 28, 2013

City of Brookhaven Page 2 Updated 5/24/2013 3:01 PM

3. Sanitation Update

4. Executive Session to Discuss Real Estate and Litigation Matters

H) ANNOUNCEMENTS

I) ADJOURNMENT


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MEMORANDUM

MEETING OF: May/28/2013DISTRICT/COMMITTEE:Brookhaven City

Council

SUBMITTING DEPARTMENT: City Clerk's

Office

ISSUE/AGENDA ITEM TITLE:Library Presentation- Alison L. Weissinger, Director - DeKalb County Public Library / Ten

Minute Presentation

BACKGROUND/SUMMARY:

FISCAL IMPACT: (Budgetedover or under)

STAFF RECOMMENDATION:

ATTACHMENTS:

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MEMORANDUM

MEETING OF: May/28/2013DISTRICT/COMMITTEE:Brookhaven City Council

SUBMITTING DEPARTMENT: Community

Development

ISSUE/AGENDA ITEM TITLE:Amendment to Chapter 7 (Construction Board of Appeals)

BACKGROUND/SUMMARY:Amendment to Chapter 7 to revise Construction Board of Appeals appointment procedures



ATTACHMENTS:

ATTACHMENTS:

Ordinance amending Chapter 7 for CBAA Appointments with mark-up 5_24_13 (DOC)

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CITY OF BROOKHAVENCOUNTY OF DEKALB, STATE OF GEORGIA ORDINANCE 2013-XX-XX

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AN ORDINANCE TO AMEND CHAPTER 7 (BUILDINGS AND BUILDINGREGULATIONS), ARTICLE II, DIVISION I OF THE CODE OF THE CITY OFBROOKHAVEN, GEORGIA, TO REVISE THE MANNER OF APPOINTING THE

CONSTRUCTION BOARD OF APPEALS; AND FOR OTHER PURPOSES

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

WHEREAS, Chapter 7 (Buildings and Building Regulations) of The Code ofthe City of Brookhaven, Georgia, currently provides for theestablishment of the Construction Board of Appeals to hearappeals on matters pertaining to decisions made by the Building

Official and in accordance with the Building Code and all

Property Maintenance Codes; and

WHEREAS, Chapter 7 currently provides for each Councilmember to appointa member of the Board, which conflicts with the City Charter

requiring that all members of all City Boards be appointed bythe Mayor, subject to confirmation by City Council; and

WHEREAS, the Mayor and City Council desire to revise said provisions in theCity Code to conform to the requirements of the City Charter.

NOW THEREFORE, the Council of the City of Brookhaven hereby ordains, asfollows:

Section 1: Chapter 7, Buildings and Building Regulations, of The

Code of the City of Brookhaven, Georgia, is hereby amended by revising

Article II, Division I, Section 7-16(a), Technical Board of Appeals, to readas follows:

Sec. 7-16. Technical Board of Appeals.

(a) Appointment. There is hereby established a Technical Board ofAppeals, which shall consist of five (5) members, appointed by the

Mayor and subject to confirmation by City Council.

Section 2: Repeal of Conflicting Provisions. All ordinances, parts ofordinances, 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 notaffect the validity of the Ordinance as a whole or any part thereof, which is notspecifically declared to be invalid or unconstitutional.

Deleted: The Mayor shall appointed onemember and each member of the City Coshall appoint one (1) member to the TechBoard of Appeals. The Building Official shas a non-voting ex-officio member of theBoard of Appeals.

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CITY OF BROOKHAVENCOUNTY OF DEKALB, STATE OF GEORGIA ORDINANCE 2013-XX-XX

Page 2 of 2

Section 4: The provisions of this Ordinance shall become and be made apart of The Code of the City of Brookhaven, Georgia, and the sections of thisOrdinance may be renumbered to accomplish such intention.

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

(Seal)

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MEMORANDUM


Council


Office

ISSUE/AGENDA ITEM TITLE:Discussion of Marta Bus Shelter Agreement

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

BUS SHELTER AD AGREEMENT- BROOKHAVEN draft 2013 (DOCX)

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BUS SHELTER ADVERTISINGPARTICIPATION AGREEMENT

This Agreement, made and entered into this ___ day of ___________, 2013, by and

between METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY (the Authority) andTHE CITY OF BROOKHAVEN (the City).

WITNESSETH

Whereas, MARTA is a public body corporate created by legislation as a joint public

instrumentality of the City of Atlanta and the counties of Fulton, DeKalb, Cobb, Clayton andGwinnett in the manner specified in that certain Act known as the Metropolitan Atlanta Rapid

Transit Authority Act of 1965 (Ga.L. 1965, p. 2243), as amended, for the purpose of operating apublic transit system consisting in part of fixed route bus operations throughout the City of

Atlanta, Fulton County and DeKalb County (the Service Area); and

Whereas, the City is a municipal corporation incorporated on December 17, 2013 in

accordance with the laws of the State of Georgia and is now possessed of certain right of way

located in the Service Area upon which the Authority has designated bus stops for the use andconvenience of its patrons and the citizens of the City; and

Whereas, the Authority has in the past contracted for the installation and maintenance ofcertain bus shelters and benches on the City right of way used by its patrons, for the purpose of

selling advertising space thereon for the collection of revenues for the benefit of MARTA and

the City; and

Whereas, an Intergovernmental Agreement between the Authority and DeKalb County,

Georgia , prior to the date of incorporation of the City, pledged DeKalbs right of way to the

Authority, a portion of said right of way now being located in the City; and

Whereas, the Authority and the City are desirous of continuing to sell advertising, collectrevenue, and provide additional bus shelters and benches for the benefit of patrons of the

Authority and citizens of the City, at locations on the City right of way or on private property

located in the City upon the terms and conditions set forth herein;

NOW THEREFORE, for and in consideration of the mutual obligations and

consideration set forth herein, the Authority and the City agree as follows:

1. Construction and Maintenance of Bus Shelters. The City hereby grants to the

Authority the right to construct and maintain bus shelters and operate an advertising program onsuch shelters through a contract with a third party contractor, in accordance with the terms and

conditions herein. City acknowledges that the Authority has, through the competitive

procurement process (Request for Proposals), contracted with CBS Outdoor, Inc. (CBS) toprovide for the construction and maintenance of said shelters and the sale of advertising thereon

Deleted: chartered

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(the Shelter Advertising Contract). The Shelter Advertising Contract incorporates the termsand conditions of this Agreement.

2. Placement of Bus Shelters. The licensing, placement, construction and

maintenance of the bus shelters contemplated herein shall be undertaken in accordance with all

applicable ordinances and regulations of City, other applicable law and the following conditions:

(a) Bus Shelters shall be located along MARTA bus routes in the City for the benefit

of MARTA patrons. In the event a bus route is modified or permanently discontinued, all busshelters along such route shall be removed within thirty (30) days of the discontinuation of

service to such shelter location.

(b) Requests for the placement of bus shelters in the City shall be accepted by the

Authority from the City. All such requests shall be forwarded to the Advertising Contractor forconsideration of placement of an advertising bus shelter in accordance with the Shelter

Advertising Contract. In the event that the Advertising Contractor fails to accept a site for

placement of an advertising shelter, the site will be evaluated for the placement of a non-advertising bus shelter in the Authoritys supplemental shelter program, utilizing the criteria then

in effect for the placement of a non-advertising shelter.

(c) The Authority shall promptly notify the City of the decision of the Advertising

Contractor and whether the site requested meets the criteria for the placement of a non-

advertising shelter.

3. Payment of Share of Fees and Commissions to City. The Authority shall pay

or cause to be paid to the City, on a semi-annual basis, a sum equal to one half of the semi-annual commission due pursuant to the Shelter Advertising Contract for all bus shelter

advertising placed upon bus shelters located in the City pursuant to the Shelter Advertising

Contract during the term of such Contract. The Advertising Contractor shall determine the

amount of such commission payments, subject to the audit requirements contained in the ShelterAdvertising Contract, and shall remit the payments to the Authority for distribution to the City

and other participants in the shelter advertising program.

4. Term. The term of this agreement shall be from the date of execution here

through December 31, 2022. The performance of the obligations of the Authority and the Cityshall commence on the Effective Date and continue until the termination of the Shelter

Advertising Contract in accordance with its terms.

5. Compliance with Advertising Policy. All advertising placed upon bus shelters

located in the City shall comply with the requirements of the Authority Advertising Policy

attached hereto as Exhibit A. In the event the City has a concern regarding the content of anyspecific advertising placed upon bus shelters located in the City, the City shall immediately

notify the Authoritys Advertising Coordinator. The Advertising Coordinator shall review the

subject advertising for compliance with the Advertising Policy and take action under the policyfor the modification or removal of the advertisement, as appropriate.

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6. Use of Inventory. The City shall have the opportunity to utilize one-half of anyadvertising inventory located in the City and offered to the Authority by the Advertising

Contractor from time to time for the placement of public service announcements relating to Cityinitiatives or information of interest to City residents. Such public service announcements shall

not be political in nature, and shall comply in all relevant respects with the requirements of the

Advertising Policy. The Authoritys Advertising Coordinator shall advise the City, on at least aquarterly basis, of the availability, if any, of inventory for the placement of public service

announcements. Any charges for the design, printing and installation of such public service

announcements shall be at the Citys sole expense.

7. Repair, Maintenance and Cleaning of Shelters. The Authority shall require the

Advertising Contractor to adhere to repair, maintenance and cleaning standards for bus sheltersinstalled in the City described in the attached Exhibit B, Statement of Work.

8. Audit and Analysis. The performance of the Advertising Contractor pursuant to

the Shelter Advertising Contract shall be subject to audit by the Authority and the City. The

Advertising Contractor will be required to keep true and accurate records of all transactionspertaining to the Shelter Advertising Contract and the revenue generated thereby. Such records

shall be open to audit, with reasonable prior notice, by the Authority and the City or their

authorized representatives during normal business hours at the Advertising Contractors officesin Atlanta, Georgia, at any time while this Agreement is in effect and for four years after its

termination. The terms of the Advertising Contract shall contain the right to seek adjustment of

revenue by the Authority and/or the City based upon the results of any such audit.

9. No Obligation of the Authority for Prior Fees and Commissions. The parties

acknowledge that, prior to the execution of this Agreement, DeKalb County entered into anagreement on substantially the same terms contained herein whereby DeKalb County was paid a

share of fees and commissions, as described in paragraph three above, that may be attributable to

bus shelters located on the City right of way under the Shelter Advertising Agreement. The

Authority shall have no obligation to the City for the payment of any fees and commissions theAuthority paid to DeKalb County prior to being notified by the City of the City taking over

control of right-of-ways in the geographical boundaries of the City from DeKalb County prior to the date of execution of this Agreement, and the City acknowledges that its sole recourse for the

payment of such fees and commissions is against DeKalb County. The Authority shall cooperate

in providing any documents necessary to assist the City in determining the amount of such feesand commissions, if any, due to the City from the County after the effective date of the Citys

charter.

10. Amendment. This Agreement constitutes the entire agreement between the

parties. No changes, amendments or modifications thereof shall be effective and binding on the

parties unless in writing, signed by the parties, and authorized by their respective governingbodies as may be required by law.

11. Assignment. Neither party shall assign this Agreement, wholly or in part, withoutthe prior written consent of the other party. Any such assignment shall be binding upon the parties

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only after proper written notice shall have been received. No assignment shall relieve the parties ofany obligations under this Agreement.

12. Governing Law. This Agreement shall be interpreted in accordance with the laws

of the State of Georgia.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed

in three counterparts, each to be considered as an original by their authorized representative, on

the day and date listed below.

METROPOLITAN ATLANTA RAPID

TRANSIT AUTHORITY CITY OF BROOKHAVEN

By: _________________________(SEAL) By:_____________________(SEAL)

KEITH T. PARKER, AICP

General Manager /Chief Executive Officer

Date: _______________________ Date:_________________________

ATTEST: ATTEST:

_______________________________ ______________________________REBBIE ELLISOR-TAYLOR

Assistant Secretary

Approved As To Legal Form: Approved As To Legal Form:

________________________________ ________________________________

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MEMORANDUM

MEETING OF: May/28/2013DISTRICT/COMMITTEE:Brookhaven City Council

SUBMITTING DEPARTMENT: City Clerk's Office

ISSUE/AGENDA ITEM TITLE:A Resolution to Approve the Formation of the Brookhaven Governmental Finance Corporation

BACKGROUND/SUMMARY:



ATTACHMENTS:

D.

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MEMORANDUM


Council


Office

ISSUE/AGENDA ITEM TITLE:Discussion and Review of Alcoholic Beverage Ordinance (Possible Deferral)

BACKGROUND/SUMMARY:



ATTACHMENTS:

ATTACHMENTS:

COBH - ORD - Amending Ch 4- Alcohol sales times (DOC)

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CITY OF BROOKHAVEN

COUNTY OF DEKALB, STATE OF GEORGIA ORDINANCE 2013-XX-XX

Page 1 of 4

AN ORDINANCE TO AMEND CHAPTER 4 (ALCOHOLIC BEVERAGES) OF THECODE OF THE CITY OF BROOKHAVEN, GEORGIA, TO AMEND AND PROVIDESPECIFIC 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 theprotection 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 regulationspreviously existing under DeKalb County; and

WHEREAS, the Mayor and Council desire to adopt sales times for alcoholic beverages andpouring 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 thehealth, 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 ofBrookhaven, Georgia, is hereby amended by revising Article III (Operational Rules forRetailers), Division 2 (Establishments Licensed for On-Premises Consumption ofDistilled Spirits), Sections 4-126 (Hours of Sale and Operations) 4-128 (Sunday Sales)subsection (a), to read as follows:

Sec. 4-126. Hours of Sale and Operations

Distilled spirits shall be sold and delivered to the customer for consumption on the premisesduring the following hours:

(a) Monday through Friday hours are from 9:00 a.m. until 1:55 a.m. of the followingday.

(b) Saturday hours are from 9:00 a.m. until 1:55 a.m. on Sunday.

(c) Sunday hours are from 12:30 p.m. until 1:55 a.m. on Monday as permitted by section4-128.

Sales and deliveries during all other hours are prohibited. There shall be no consumption onthe premises after prohibited hours have been in effect for one-half () hour. All licensedestablishments must close their premises to the public and clear their premises of patronswithin one (1) hour after the time set by this chapter for discontinuance of the sale ofalcoholic beverages on the premises and shall not reopen their premises to the public until9:00 a.m. or thereafter.

Deleted: 3

Deleted: 2

Deleted: 2

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CITY OF BROOKHAVEN


Page 2 of 4

Sec. 4-128. Sunday Sales

(a) Licensed establishments deriving a minimum of fifty (50) percent of their totalannual gross food and beverage sales from the sale of prepared meals or food, orlicensed establishments deriving at least fifty (50) percent of their total annualincome from the rental of rooms for overnight lodging, are authorized to apply for aSunday sales permit to sell and serve alcoholic beverages, malt beverages and wine bythe drink from 12:30 p.m. on Sunday until 1:55 a.m. of the following Monday.Failure to adhere to these standards shall result in the automatic revocation or denialof 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 Rulesfor Retailers), Division 3 (Establishments Licensed for On-Premises Consumption ofBeer and Wine), Section 4-147 (Hours of Sale and Operation) and 4-149(a) (SundaySales) 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 thepremises only during the following hours:

(a) Monday through Friday hours are from 9:00 a.m. until 1:55 a.m. of the followingday.



Sales and deliveries during all other hours are prohibited. There shall be no consumption onthe premises after prohibited hours have been in effect for one-half () hour. All licensedestablishments must close their premises to the public and clear their premises of patronswithin one (1) hour after the time set by this chapter for discontinuance of the sale ofalcoholic beverages on the premises and shall not reopen their premises to the public until9:00 a.m. or thereafter.

Sec. 4-149. Sunday Sales.

(a) Licensed establishments deriving a minimum of fifty (50) percent of their totalannual gross food and beverage sales from the sale of prepared meals or food, orlicensed establishments deriving at least fifty(50) percent of their total annual grossincome from the rental of rooms for overnight lodging, are authorized to apply for aSunday sales permit to sell and serve alcoholic beverages by the drink from 12:30p.m. on Sunday until 1:55 a.m. of the following Monday. Failure to adhere to these

Deleted: 2

Deleted: 3

Deleted: 2

Deleted: 2

Deleted: sixty

Deleted: 6

Deleted: sixty

Deleted: 6

Deleted: 2

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CITY OF BROOKHAVEN


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standards shall result in the automatic revocation or denial of a Sunday sales permitby the Finance Department.

. . . .

. . . .

. . . .

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

Sec. 4-162. Hours of Sale and Operation.

Alcoholic beverages shall be sold and delivered to patrons for consumption on the premisesonly during the following hours:

(a) Monday through Friday hours are from 9:00 a.m. until 1:55 a.m. of the following day.



Sales and deliveries during all other hours are prohibited. There shall be no consumption onthe premises after prohibited hours have been in effect for one-half () hour. All licensedestablishments must close their premises and clear their premises of patrons within one (1)hour after the time set by this Chapter for discontinuance of the sale of alcoholic beverageson the premises and shall not reopen their premises to patrons until 9:00 a.m. or thereafter.

Sec. 4-164. Sunday Sales.

(a) Licensed establishments deriving a minimum of fifty (50) percent of their totalannual gross food and beverage sales from the sale of prepared meals or food, orlicensed establishments deriving at least fifty(50) percent of their total annual grossincome from the rental of rooms for overnight lodging, are authorized to apply for aSunday sales permit to sell and serve alcoholic beverages by the drink from 12:30p.m. on Sunday until 1:55 a.m. of the following Monday. Failure to adhere to thesestandards shall result in the automatic revocation or denial of a Sunday sales permitby the Finance Department. No later than March 31st of the license year, licenseeshall submit a report on monthly sales by category for the prior calendar year.

. . . .

. . . .

. . . .

Section 4: Repeal of Conflicting Provisions. All ordinances, parts of ordinances, or regulationsin conflict herewith are repealed.

Deleted: 3

Deleted: 2

Deleted: 2

Deleted: sixty

Deleted: 6

Deleted: sixty

Deleted: 6

Deleted: 2

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CITY OF BROOKHAVEN


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Section 5: Severability. Should any court of competent jurisdiction declare any section of thisOrdinance invalid or unconstitutional, such declaration shall not affect the validity of the Ordinanceas a whole or any part thereof, which is not specifically declared to be invalid or unconstitutional.

Section 6: The provisions of this Ordinance shall become and be made a part of The Codeof the City of Brookhaven, Georgia, and the sections of this Ordinance may be renumbered toaccomplish such intention.

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, City Attorney(Seal)

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Page 1

MEMORANDUM


Council


Development

ISSUE/AGENDA ITEM TITLE:Follow-Up to Further Zoning Ordinance Amendments 1. Consideration to Amend Height

Definition to Apply City-Wide. 2. Consideration to Increase Single Family Height Limit from

Thirty-Five Feet (35') to Forty Feet (40'). 3. Consideration to Delete Threshold Requirement.

BACKGROUND/SUMMARY:Consideration to amend height definition to apply city-wide.Consideration to increase single family height limit from thirty-five feet (35') to forty feet (40').

Consideration to delete threshold requirement.



ATTACHMENTS:

G.

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Page 1

MEMORANDUM


Council


Development

ISSUE/AGENDA ITEM TITLE:Report on Schedule of Fees for Planning and Zoning

BACKGROUND/SUMMARY:The City of Brookhaven adopted the DeKalb County fee schedule. The staff has analyzed fees

collected from 1/18/13 - 4/18/13 in an attempt to determine whether fees charged result in cost

recovery.



ATTACHMENTS:

G.

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MEMORANDUM


Council


Office

ISSUE/AGENDA ITEM TITLE:Sanitation Update

BACKGROUND/SUMMARY:The RFPs for Sanitation Services were opened May 24, 2013 at 2:00 P.M. An update will be

provided.



ATTACHMENTS:

G.

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MEMORANDUM


Council


Office

ISSUE/AGENDA ITEM TITLE:Executive Session to Discuss Real Estate and Litigation Matters

BACKGROUND/SUMMARY:



ATTACHMENTS:

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2013-05-28 brookhaven, ga city council work session - full agenda with packet

Documents