City Council

AMENDED May 12, 2020 5:00 p.m. Conference Call: 1-929-205-6099 Access Code: 912096416 CITY COUNCIL A. Roll Call B. Invocation – Councilmember Griffin C. Pledge of Allegiance D. Presentations and Recognitions E. Public Hearings F. Act on Public Hearing Matters G. Approval of City Council Minutes: 1. March 24, 2020 2. April 28, 2020 H. Citizens Participation Period Please use one of the following methods to request to speak at the meeting or provide comments for City Council. Requests to speak at the meeting and comments must be received by 12:00 p.m., Tuesday, May 12th: 1. Request to speak or leave a comment via voice mail at 843-579-6313. If requesting to speak, please provide your name and telephone number; 2. Sign-up to speak or leave comments for City Council by completing the form at http://innovate.charleston‐sc.gov/comments/ by Tuesday, May 12th at 12:00 p.m. 3. Mail comments to: Clerk of Council, 80 Broad Street, Charleston, SC 29401 I. Petitions and Communications: 1. Approval of updated Code Enforcement Officer List 2. Update on the City’s response to COVID-19 - Mayor John J. Tecklenburg and Shannon Scaff, Emergency Management Director 1  3. Presentation on COVID-19 Data and Dashboards – Tracy McKee, Chief Innovation Officer 4. Executive Order continuing the Declaration of State of Emergency in response to the COVID-19 virus outbreak 5. Emergency Ordinance extending certain Emergency Ordinances Related to COVID-19 6. Emergency Ordinance Reducing Risk of Exposure to COVID-19 and Replacing Stay at Home Ordinance No. 2020-048 7. Emergency Ordinance to Decrease the Risk of Exposure to COVID-19 in Restaurants and to Authorize the Use of New or Additional Spaces for Outdoor Dining (As Amended). (To be sent under separate cover by the Legal Department) J. Council Communications: K. Council Committee Reports: 1. Committee on Community Development : (Meeting was held Thursday, April 30, 2020 at 4:00 p.m.) a. Conservation Subdivision Ordinance (information only) b. Accessory Dwelling Unit Ordinance (information only) c. Affordable Housing Subdivision/Lot Standards Ordinance (information only) 2. Committee on Recreation: (Meeting was held Monday, May 11, 2020 at 2:00 p.m.) a. Presentation of the Parks and Recreation Master Plan 3. Committee on Public Safety: (Meeting was held Friday, May 1, 2020 at 2:00 p.m.) a. Update on STR/livability enforcement b. Executive Session in accordance with S.C. Code Section 30-4-70(a)(1) to review candidate applications for Municipal Court Judge 4. Committee on Public Works and Utilities: (Meeting was held Monday, May 11, 2020 at 4:00 p.m.) a. Stormwater Management Department Update: i. Acceptance of 2018 FMA Grant Award for the Acquisition of 2 properties with a Federal Award of $481,794.35 and a City Match of $53,532.72. The City matching funding is from the Drainage Fund. ii. Stormwater Project Updates iii. Floodplain Project Updates b. Miscellaneous Items: 2  i. Update on the status of the opening of the Belle Terre Gates (Requested by Councilwoman Jackson) 5. Committee on Traffic and Transportation: (Meeting was held Tuesday, May 12, 2020 at 2:00 p.m.) a. Clements Ferry Road Phase II Maintenance Agreement for Approval b. Folly/Albemarle Maintenance Agreement for Approval c. Update on towing contract d. Director’s Update e. Discussion 6. Committee on Ways and Means: (Bids and Purchases (Budget Finance and Revenue Collections: Approval of Year 2019 Amendment to General Fund Expenditure Budget (Ordinance) (Budget Finance and Revenue Collections: Approval of Year 2019 Amendment to General Fund Revenue Budget (Ordinance) (Police Department: Approval to submit an application for the Rotary Club of Charleston Leadership Grant and approval to accept the grant award for $50,000. The grant will be used to fund leadership training focused on professional development, empowerment, recognition of implicit bias, and higher levels of accountability. There is no match required for this grant. This is an after-the-fact approval. (Police Department: Approval of an agreement between CPD and The Submarine Way. The contract is for leadership training being paid for by a grant from the Rotary Club and funds from the Police Fund. (Police Department: Approval to submit the 2020 DOJ Strategies for Policing Innovation Grant for $437,895. If awarded, the grant will fund the acquisition of data analysis program software and hardware to accelerate search and analysis capabilities for use by the Department’s Analysis and Intelligence Units. There is no match required for this grant. The grant is due May 12, 2020. (Police Department: Approval to submit an application for the 2020 Crime Gun Intelligence Center Integration Initiative Grant for $605,530. If awarded, the grant will fund NIBIN technology, equipment and personnel used to establish a Crime Gun Intelligence Center in Charleston. There is no match required for this grant. This is an after-the-fact approval. (Office of Cultural Affairs: Approval to apply for an emergency relief grant from the SC Arts Commission funded by the CARES Act, to offset lost revenues during the months March through June 2020. The amount anticipated for the grant is $3,126. No City match is required. (Parks-Capital Projects: Approval of Police Forensic Services Building Fee Amendment #2 with Stubbs Muldrow Herrin Architects, Inc., in the amount of $40,570 for the extension of services from 12 months to 16 months and 1 additional month for closeout services due to an increased duration of the construction phase of the building. Approval of Fee Amendment #2 will increase the Professional Services Contract by $40,570 (from 3  $812,309 to $852,879). Funding sources for this project are: 2015 IPR Bond ($7,392,186) and 2017 IPR Bond ($5,000,000). (Parks-Capital Projects: Approval of Municipal Golf Course Renovation Change Order #1 with NMP Golf Construction Corp. in the amount of $120,231.48 for the addition of irrigation loops required on the fairways and greens on Holes #13 & #15 due to the proposed fill material. The new depth of fill causes the existing irrigation loops to be too deep for City personnel to maintain. Approval of this change order adds 30 days to the date of substantial completion. Approval of Change Order #1 will increase the Construction Contract by $120,231.48 (from $2,038,535.68 to $2,158,767.16). Funding sources for this project are: 2018 GO Bond ($1,500,000), Hospitality Fund ($300,000), 2018 General Fund Reserves ($500,000), and Capital Contribution ($25,507.50). (Parks-Capital Projects: Approval of Municipal Golf Course Renovation Change Order #2 with NMP Golf Construction Corp. in the amount of $80,652 for the removal, storage and over-excavation of 10,000 cubic yards of unsuitable soil discovered while performing improvements to the pond on Hole #13. Approval of this change order adds 21 days to the date of substantial completion. Approval of Change Order #2 will increase the Construction Contract by $80,652 (from $2,158,767.16 to $2,239,419.16). Funding sources for this project are: 2018 GO Bond ($1,500,000), Hospitality Fund ($300,000), 2018 General Fund Reserves ($500,000), and Capital Contribution ($25,507.50). (Stormwater Management: Approval of a Flood Mitigation Assistance Grant (FMA) FMA-PF-04-SC-2018-004 for the acquisition and demolition of two (2) flood prone structures. This award is for $535,327.07 with a Federal Share of $481,794.35 and a City match of $53,532.72. Funding of the City match amount of $53,532.72 will come from the Drainage Fund. (Housing and Community Development: Mayor and City Council are asked to approve a funding request from the Humanities Foundation in the amount of $1,000,000 for the redevelopment/development of the Archer School Building located at 220 Nassau Street. Previously, City Council approved $3M in General Obligation Bond funds to the Humanities Foundation. The organization requested an additional $1M due to the acquisition costs and the cost to construct. The goal is to develop 88 affordable apartments for senior residents earning thirty (30%) to eighty (80%) of the Area Median Income. The funding to support this request would be derived from the Affordable Housing funds until such time as the bond funds are available June-end. Give first reading to the following bills from Ways and Means: An ordinance to make additional appropriations to meet the liabilities of the City of Charleston for the fiscal year ending December 31, 2019. An ordinance to recognize the usage of additional funds to meet additional appropriations authorized by Ordinance 2020-_____ for the fiscal year ending December 31, 2019. L. 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 provide for the issuance and sale of not exceeding $6,000,000 General Obligation Bonds of 2020 of the City of Charleston, South Carolina, to 4  prescribe the purposes for which the proceeds of the bonds shall be expended, to provide for the payment thereof, and other matters relating thereto. 2. An ordinance to provide for the issuance and sale of not exceeding $11,800,000 General Obligation Refunding Bonds of 2020 of the City of Charleston, South Carolina, to prescribe the purposes for which the proceeds of the bonds shall be expended, to provide for the payment thereof, and other matters relating thereto. 3. An ordinance to amend provisions of Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) to amend Section 54-505(c) pertaining to the exception for maximum allowed height for properties located in a special flood hazard area within the Conservation, RR-1, SR-1, SR-2, SR-6, SR-7 and STR zoning districts. (DEFERRED FOR PUBLIC HEARING) 4. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 220 Nassau Street (peninsula) (0.89 acre) (TMS #459-05-01-067) (Council District 4), be rezoned from Diverse Residential (DR-2) classification to Mixed-Use/Workforce Housing (MU-1/WH) classification. The property is owned by Charleston County School District. (DEFERRED FOR PUBLIC HEARING) 5. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that Ashley River Road (West Ashley) (1.53 acres) (TMS #354-12-00-004) (Council District 2), be rezoned from Single-Family Residential (SR-1) classification to Limited Business (LB) classification. The property is owned by Laura M. Smith. (DEFERRED FOR PUBLIC HEARING) 6. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1970 Delaney Drive (James Island) (0.303 acre) (TMS #340-00-00-099) (Council District 6), be rezoned from Single-Family Residential (SR-1) classification to Single-Family Residential (SR-4) classification. The property is owned by Jesse J. Richardson III. (DEFERRED FOR PUBLIC HEARING) 7. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending applicable sections related to the Design Review Board in order to establish board member alternates, prioritize placement of affordable/workforce housing projects on agendas, and limit the number of agenda items. (DEFERRED FOR PUBLIC HEARING) 8. An ordinance to provide for the annexation of properties on Maybank Highway (3.5 acres) (TMS# 313-00-00-034; 313-00-00-035), 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 properties are owned by William Stephen Harris. (DEFERRED) 9. An ordinance to provide for the annexation of property on Maybank Highway (2.05 acre) (TMS# 313-00-00-306), 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 LMC, LLC. (DEFERRED) 10. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) to incorporate provisions to allow subdivison and development of Single 5  Family Detached Affordable Housing as a conditional use within multiple base zoning districts. (DEFERRED FOR PUBLIC HEARING) 11. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Section 54-220 Accommodations Overlay Zone to correct a scrivener’s error. (DEFERRED FOR PUBLIC HEARING) 12. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending applicable sections related to Planning Commission composition to establish commission member alternates and to update other applicable sections related to Planning Commission Rules and Procedures. (DEFERRED FOR PUBLIC HEARING) 13. An ordinance to amend Chapter 27, Stormwater Management and Flood Control, of the Code of the City of Charleston, to add a new Article IV to provide fill requirements for all new construction, developments, and redevelopments within the City. (DEFERRED) 14. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending applicable sections related to the Design Review Board in order to establish board member alternates, prioritize placement of affordable/workforce housing projects on agendas, and limit the number of agenda items. (DEFERRED) 15. 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) 16. 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 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) 17. 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) 18. 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) 19. 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) M. Bills up for First Reading 6  1. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 276 Coming Street (Peninsula) (0.07 acre) (TMS #460-04-04-003) (Council District 3), be rezoned from Diverse Residential (DR-2F) classification to Commercial Transitional (CT) classification. The property is owned by Matthew Black Lineberger. (The Planning Commission recommends disapproval.) (DEFERRED) 2. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1815 Beechwood Road (West Ashley) (0.65 acre) (TMS #354-07-00-101) (Council District 2), be rezoned from Single-Family Residential (SR-6) classification to Diverse Residential (DR-6) classification. The property is owned by Matt and Angela Chambers. (DEFERRED) 3. 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) 4. 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. (DEFERRED) 5. 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) N. Miscellaneous Business: 1. The next regular meeting of City Council will be Tuesday, May 26, 2020 at 5:00 p.m. 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. 7