City Council

AMENDED City Hall 80 Broad Street September 24, 2019 5:00 p.m. CITY COUNCIL A. Roll Call B. Invocation – Councilmember Gregorie C. Pledge of Allegiance D. Presentations and Recognitions 1. Proclamation recognizing Mesothelioma Awareness Day E. Public Hearings F. Act on Public Hearing Matters G. Approval of City Council Minutes: 1. August 20, 2019 2. August 26, 2019 H. Citizens Participation Period I. Petitions and Communications: a. Appointments to the Citizen Police Advisory Council b. Report from the West Ashley Revitalization Commission J. Council Communications: a. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 245 Huger Street (Peninsula) (0.50 acre) (TMS# 459- 01-03-048) (Council District 4), be rezoned so as to be included in the Accommodations Overlay Zone (A). The property is owned by Chase Furniture Company Inc. (Requested by Councilmember Robert Mitchell) b. Discussion and resolution about future STIB applications for flooding and transportation projects (Requested by Councilmember Michael Seekings) c. Discussion of Internal Auditor's summary of charges paid to Mr. Willey from January 2016 to June 2017 be turned over to SLED (Requested by Councilmember Perry K. Waring)  Executive session may be needed to receive legal advice on the above matter pursuant to S.C. Code Section 30-4-70 (a) (2). K. Council Committee Reports: 1. Audit Committee: (Meeting was held on September 24, 2019 at 4:00 p.m.) - External Auditor’s Report - Internal Auditor’s Report - Discussion regarding Internal Auditor reporting structure 2. Committee on Public Works and Utilities: (Meeting was held on September 23, 2019 at 4:00 p.m.) a. Acceptance and Dedication of Rights-of-Way and Easements (i) Quit Claim a portion of Hanover Street (.06 of a mile between Romney and Center Streets) - Quit claim deed (ii) Quit Claim a portion of Nassau Street (.007 of a mile between Romney and Center Streets) - Quit claim deed (iii) Quit Claim a portion of Romney Street (.06 of a mile between Nassau and Hanover Streets) - Quit claim deed (iv) Acceptance and Dedication of Daniel Island, Parcel S, Tract 2- a portion of Farr Street (50’ R/W, 1679 LF) - Title to Real Estate - Affidavit for Taxable or Exempt Transfers - Exclusive Stormwater Drainage Easement Agreement - Plat b. Stormwater Management Department Update (i) Stormwater Fee – Assistance Program Discussion (ii) Stormwater Design Standard Manual Update Discussion (iii) Dupont Wappoo Project Area Recommendations Discussion (iv) An ordinance amending Chapter 27, Stormwater Management and Flood Control, of the Code of the City of Charleston, by amending the definitions in the Flood Hazard Prevention and Control Requirements in Article II, Division 3, Section 27- 103 to add a new definition for “Market Value” for the purpose of making final 2  determinations of substantial damage and substantial improvement under this division allowing the appraised value of a structure to be used in place of the assessed value. (AS AMENDED) (Requested by Councilmember Perry K. Waring) (v) Church Creek Task Force Discussion (vi) Project Update (vii) Floodplain Management Update (viii) Update on Spring/Fishburne and Low Battery STIB grant applications Give first reading to the following bill from Public Works and Utilities: An ordinance amending Chapter 27, Stormwater Management and Flood Control, of the Code of the City of Charleston, by amending the definitions in the Flood Hazard Prevention and Control Requirements in Article II, Division 3, Section 27-103 to add a new definition for “Market Value” for the purpose of making final determinations of substantial damage and substantial improvement under this division allowing the appraised value of a structure to be used in place of the assessed value. (AS AMENDED) 3. Committee on Recreation: (Meeting was held on September 24, 2019 at 3:00 p.m.) a. Naming of the Carr-Richardson Park; b. Naming of the Mary Watson Park; c. Naming of the Fallen Oak Park; (Action may or may not be taken on any of the below items): d. Update: 1099 Meeting Street, the Reverend Alma Dungee Building; e. Update: Renovations at the Municipal Golf Course; f. Update on the Charleston Battery; g. Additional Items for Discussion: (i) City property on Woodland Road; (ii) Golf Course Commission and Recreation Commission (citizen advisory boards); (iii) Brantley Park; (iv) Longborough Exchange Agreement; (v) Waring Senior Center; (vi) Stoney Field; (vii) WPAL; (viii) Status of the ongoing Cultural Planning Process; (ix) Status of Cannon Street Arts Center (134 Cannon); (x) Corrine Jones Community Garden proposal; (xi) Daniel Island Neighborhood Park #4; (xii) Ferguson Village; (xiii) Wellness and Aquatics Center Complex; (xiv) Mrs. Tee 4. Committee on Ways and Means: (Bids and Purchases (Police and Fire Departments: Approval to accept the 2019 Port Security Grant award in the amount of $324,435 for equipment with a cash match of $108,145 for 2020. 3  (Parks-Capital Projects: Approval of the International African American Museum Professional Services Contract with S&ME in the amount of $62,060 for pre-construction condition surveys, vibration recording, and pile installation testing and observation services. Approval of the Professional Services Contract will obligate $62,060 of the $92.7 million budget. The funding sources for this project are City of Charleston Accommodations Tax Revenue Bond ($13,200,000), Charleston County Accommodations Tax ($12,500,000), State Appropriations ($14,000,000), IAAM Contributions ($53,000,000). (Parks-Capital Projects: Approval of CFD Savannah Highway Fire Station #11 Professional Services Contract Fee Amendment #2 with Liollio Architecture, Inc. in the amount of $61,410 for the extension of construction administration services beyond their original contract of 365 calendar days. The additional days cover additional days for the substantial completion in the general contractor’s contract, awarded change orders, and anticipated future change orders and delays. This fee amendment approves an additional 268 days to the contract. The approval of Fee Amendment #2 will increase the Professional Services Contract by $61,410 (from $623,715 to $685,125). The funding sources for this project are: 2015 Installment Purchase Revenue Bond ($8,369,524), proceeds from sale of real estate ($1,135,607) and Hospitality Fund ($380,000). (Housing and Community Development: Mayor and City Council approval is requested to execute an Agreement between the City of Charleston and the Charleston Redevelopment Corporation for the use of $3,000,000 to acquire Sea Island Apartments from Humanities Foundation (HF). The $3,000,000 would be awarded by granting the CRC $2,000,000 and lending the balance of $1,000,000 based on the terms outlined in the agreements attached. The funding would be released contingent upon a commercial appraisal validating the value of the property and a physical inspection of the units by an independent agent. The apartments consist of 48 units of rental housing for persons earning 50% and below the Area Median Income. Sea Island is located at 3672 Maybank Highway, Johns Island, SC. Currently owned by HF, the affordability restrictions expire at the end of 2019 and the purchase of the apartment complex will ensure the properties remain affordable for perpetuity. (External Auditor’s Report (Internal Auditor’s Report (Discussion regarding Internal Auditor reporting structure (Request approval of an easement agreement under which the City will grant an easement for the right to construct, extend, replace, perpetually maintain and operate an underground electric line or lines to Dominion Energy for the Daniel Island Recreation Center at Governor’s Park. (Fairbanks Drive and Fairbanks Oak Alley; TMS: 271-00-00-006) (Consider the following annexations: - 2988 Bolton Road (TMS# 307-10-00-037) 0.5 acre, West Ashley (District 5). The property is owned by Sandra Lynn Mixson. - 3894 Savannah Highway and 711 & 715 Hughes Road (TMS#287-00-00-139; and 287-00- 00-140, 142, 178) 28.85 acres, West Ashley (District 5). The property is owned by Colson Jean R Saltwater Breeze LLC. - 333 and 335 Wappoo Road (TMS# 350-10-00-144) 0.46 acre, West Ashley (District 5). The property is owned by Robert J. Suli. Give first reading to the following bills from Ways and Means: An ordinance to provide for the annexation of property known as 2988 Bolton Road (0.5 acre) (TMS# 307-10-00-037), West Ashley, Charleston County, to the City of Charleston, shown within 4  the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Sandra Lynn Mixson. An ordinance to provide for the annexation of property known as 3894 Savannah Highway, and 711 & 715 Hughes Road (28.85 acres) (TMS# 287-00-00-139; and 287-00-00-140, 142, 178), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Colson Jean R Saltwater Breeze LLC. An ordinance to provide for the annexation of property known as 333 & 335 Wappoo Road (0.46 acre) (TMS# 350-10-00-144), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Robert J. Suli. L. Bills up for Third Reading: 1. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by deleting Section 54-220 Accommodations Overlay Zone, and replacing said section with a new Section 54-220, Accommodations Overlay Zone, to, among other things: provide for the preservation or creation of Mixed-Use Districts; limit the displacement of housing by accommodations uses and consider the effects of dwelling units to be altered or replaced on the housing stock and whether requirements to protect the affordability of the dwelling units should be attached to an accommodations special exception approval; establish conditions on the displacement or reduction of office space by accommodations uses; prohibit the displacement of more than 25 percent of ground floor, store front retail space by accommodations uses on the property; to include a minimum and maximum size for accommodations facilities; to provide regulations for the design and location of guest drop off and pick up areas; to require the incorporation of meeting and conference space; to establish a limit on the number of full-service hotels; to provide for a contribution to the City of Charleston Affordable/Workforce Housing Account; and to subject violators of the provisions of this Section 54-220 to having their business license or certificate of occupancy revoked. (AS AMENDED) 2. An ordinance amending Chapter 27 of the Code of the City of Charleston, by amending Flood Hazard Prevention and Control Requirements in Section 27-117 to increase the Freeboard Requirement from one foot to two feet, effective August 1, 2019 (AS AMENDED)(DEFERRED) M. Bills up for Second Reading: (City Council may give second reading, order to third reading, give third reading, and order engrossed for ratification any bill listed on the agenda as a second reading.) 1. An ordinance to close and abandon Kinloch Court, also known as Kinlock Court, a City right-of-way, said right-of-way running westerly approximately 200 feet from Meeting Street 5  to the Interstate 26 right-of-way; and to further authorize the Mayor to execute Quit Claim Deeds and any other necessary documents, approved as to form by the Office of Corporation Counsel, to the owners of those properties abutting each side of Kinloch Court, conveying to each owner one-half of the width of Kinloch Court as said Kinloch Court abuts each owner’s property, subject to any and all easements or other matters of record. (AS AMENDED) 2. An ordinance providing for the issuance of $12,500,000 Accommodations Tax Revenue bonds of the City of Charleston, South Carolina, and other matters relating thereto. 3. An ordinance amending Article V of Chapter 14 of the Code of the City of Charleston pertaining to environmentally acceptable packaging and products to provide clarification on exemptions to assist businesses in the implementation of the requirements of Article V. 4. An ordinance to amend the Code of the City of Charleston, South Carolina, Chapter 19, Section 92 to extend the period of time permitted, for the Police Department and the Traffic and Transportation Department to study scooters as a transportation option in the City, by sixty days. 5. An ordinance authorizing the Mayor to execute on behalf of the City the Second Amendment of Restrictive Covenants with the American College of the Building Arts to amend the Restrictive Covenants pertaining to property located at 649 Meeting Street, commonly known as the Trolley Barn, to include all documents as contemplated by the amendment to effectuate its terms. 6. An ordinance to provide for the annexation of property known as 838 Playground Road (0.3 acre) (TMS# 418-05-00-045), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 7. The property is owned by City of Charleston. 7. An ordinance to provide for the annexation of property known as Playground Road (0.06 are) (TMS# 418-05-00-337), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 7. The property is owned by City of Charleston. 8. An ordinance to provide for the annexation of property known as Rushland Landing Road (3.76 acre) (TMS# 311-00-00-309), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Martin S. Roache, Reico Harris, and Herb Fraser. 9. An ordinance to amend Chapter 29, Article V1, Sec. 29-240 of the Code of the City of Charleston pertaining to the procedure of accident reporting. (DEFERRED) 10. An ordinance to amend Article III (Stormwater Management Utility) of Chapter 27 (Stormwater Management and Flood Control) of the Code of the City of Charleston, South 6  Carolina, by eliminating the “Homestead Exemption” in Sec. 27-140(a), applicable to the payment of Stormwater Utility Fees; by deleting Sec. 27-132(j), (k), and (l), which contain certain findings associated with the adoption of the “Homestead Exemption” with respect to Stormwater Utility Fees; and to provide that the elimination of the “Homestead Exemption” in Sec. 27-140(a) shall not apply until January 1, 2020. (DEFERRED FOR PUBLIC HEARING) 11. An ordinance establishing the Morrison Drive Redevelopment Project Area; making certain findings of blight within the Redevelopment Project Area; designating and defining redevelopment projects consisting of public improvements within the Redevelopment Project Area; designating appropriate redevelopment project costs; approving an overall redevelopment plan; providing for notice and public hearing in connection with the foregoing; and other matters related thereto. (DEFFERED FOR PUBLIC HEARING) 12. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property located at Sam Rittenberg Boulevard and Orleans Road (Epic Center PUD – West Ashley) (approximately 53.029 acres) (TMS #310-04- 00-009, 351-05-00-043, 351-05-00-044, 351-09-00-015 and 351-09-00-053) (Council District 7), be rezoned from General Business (GB) classification to Planned Unit Development (PUD) classification. The property is owned by TMP SRE I LLC, TMP SRE II LLC, and TMP SRE III LLC. (DEFERRED FOR PUBLIC HEARING) 13. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Planned Unit Development (PUD) Master Plan and Development Guidelines for property located on River Road and Maybank Highway (the Village at Fenwick PUD – Johns Island) (approximately 44.891 acres) (TMS# 346-00-00-004, 076 and portions of 346-00-00-258 and 259). (DEFERRED) 13. An ordinance to amend Part 15 (Mixed Use 1 - Workforce Housing District Mixed Use 2 - Workforce Housing District) of Article 2 (Land Use Regulations) of Chapter 54 of the Code of the City of Charleston, South Carolina (Zoning Ordinance), to implement the Federal Opportunity Zone Program, by creating certain incentives to encourage the development of “Opportunity Units” for households with incomes less than or equal to 60% of the Area Median Income (AMI). (DEFERRED) 14. An ordinance to provide for the annexation of property known as 1415 S Edgewater Drive (0.72 acre) (TMS# 349-13-00-095), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 11. The property is owned by Robert F. Kauffmann.(DEFERRED) 15. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1415 South Edgewater Drive (West Ashley) (00.72 acre) (TMS #349-13-00-095) (Council District 11), be zoned Single-Family Residential (SR-1) classification. The property is owned by Robert F. Kauffmann. (DEFERRED FOR PUBLIC HEARING) Expires 11.27.19 7  16. An ordinance to provide for the annexation of property known as 1389 River Road (10.94 acres) (TMS# 311-00-00-025), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Knapp A Partnership. (DEFERRED) 17. An ordinance to provide for the annexation of property known as 1381 River Road (1.28 acres) (TMS# 311-00-00-097), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Knapp A Partnership. (DEFERRED) N. Bills up for First Reading 1. An ordinance amending Chapter 2, Administration, of the Code of the City of Charleston, by amending the provisions in Article II, Division 1, Section 2-23, related to the rules for telephonic attendance by Councilmembers at Committee Meetings. 2. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) to make rooftop eating and drinking places subject to the approval of a special exception in the GB, UC, MU-2, MU-2/WH, and UP base zoning districts, adopt regulations for rooftop eating and drinking places in the GB, UC, MU-2, MU-2/WH, and UP base zoning districts, and prohibit rooftop eating and drinking places in all other base zoning districts. 3. An ordinance to amend Chapter 29, Article V, Sec. 29-212 (e) (1) (f) of the Code of the City of Charleston to update the requirements for the introduction of touring stock, and bi-annual inspections. 4. An ordinance to amend Chapter 29, Article V, Sec. 29-220 of the Code of the City of Charleston to update the language and process related to the certificate of appropriateness application and inspection to add the requirement of a certified vehicle weight and to remove references to the Manager of Arts and History/Tourism Commissions. 5. An ordinance to amend Chapter 2, Section 168, to expand the membership of the City of Charleston’s Commission on Women to include women who work for a business, non-profit, or other entity in the City. 6. An ordinance to provide for the annexation of property known as 0 Oakville Plantation Road (10.47 acre) (TMS# 317-00-00-007), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Keith W. Lackey. (DEFERRED) 7. An ordinance to provide for the annexation of property known as 2495 River Road (4.75 acre) (TMS# 317-00-00-012), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Gail Grimball (DEFERRED) 8  8. An ordinance to provide for the annexation of property known as 2493 Summerland Drive (9.91 acre) (TMS# 317-00-00-075), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Gary S. Worth. (DEFERRED) 9. An ordinance to provide for the annexation of property known as 0 Summerland Drive (8.70 acre) (TMS# 317-00-00-076), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Gary S. Worth. (DEFERRED) 10. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the zone map, which is part thereof, so that property located on River Road, Summerland Drive, and Oakville Plantation Road (Johns Island) (126.95 acre) (TMS #317-00-00-007, 317-00-00-011, 317-00-00-012, 317-00-00-075, 317-00-00-076, and 317-00-00-089) (Council District 5), be zoned, and existing Light Industrial (LI) classification be rezoned to Planned Unit Development (PUD) classification. The property is owned by Keith w. Lackey, Gail Grimball, and Gary s. Worth. (DEFERRED) 11. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that a portion of former Summerville Avenue right-of-way (Peninsula Neck) (approximately 1.4 acres) (Unzoned Right-of-Way) (Council District 4), be zoned General Business (GB) classification. The property is former right-of-way deeded to adjacent property owners. (DEFERRED) 12. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 217 Ashley Avenue (Peninsula) (0.33 acre) (TMS #460- 11-04-080) (Council District 6), be rezoned from Diverse Residential (DR-2F) classification to Limited Business (LB) classification. The property is owned by Trust of Robert J. Lowe, Jr. & Trust of Gwendolyn M. Lowe. (The Planning Commission recommends disapproval.) (DEFERRED) Expires 11.27.19 13. An ordinance to amend Chapter 21, Article II of the Code of the City of Charleston by adding a new Section 21-17 that prohibits building construction operations during certain hours. (DEFERRED) O. Miscellaneous Business: 1. The next regular meeting of City Council will be Tuesday, October 8, 2019 at 5:00 p.m. at City Hall, 80 Broad Street. In accordance with the Americans with Disabilities Act, people who need alternative formats, ASL (American Sign Language) Interpretation or other accommodation please contact Janet Schumacher at (843) 577-1389 or email to schumacherj@charleston-sc.gov three business days prior to the meeting. 9