City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA June 28, 2012 The regular meeting of Council was held this date at 2:00 P.M. in the Council Chambers of City Hall. The Invocation was given by Reverend Cheryl A. Harris, Director of St. Matthews Episcopal Church; followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna B. Jackson, Presiding Alderman Van R. Johnson, II Mayor Pro-tem Aldermen Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, John Hall, Estella Shabazz, and Tom Bordeaux City Manager Rochelle D. Small-Toney City Attorney James B. Blackburn Assistant City Attorney William W. Shearouse and Lester B. Johnson ABSENT: Alderman Carol Bell (out of town) The Minutes of the following meetings were approved upon motion by Alderman Johnson; seconded by Alderman Hall and unanimously carried by Aldermen Johnson, Thomas, Osborne, Sprague, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor. Approval of the Council Minutes of June 14, 2012 Approval of the summary/final minutes of the City Council Work Session/City Manger’s Briefing of June 14, 2012. Alderman Johnson made a motion to amend the agenda to add an item of recognition and remove a resolution per the pre-meeting discussion; seconded by Alderman Hall and unanimously carried with Aldermen Johnson, Thomas, Osborne, Sprague, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor. Upon motion of Alderman Osborne, seconded by Alderman Shabazz; seconded by Alderman Thomas and unanimously carried with Aldermen Johnson, Thomas, Osborne, Sprague, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor, approval was given for the Mayor to sign an affidavit and resolution for an Executive Session held today to discuss land acquisition, where no votes were taken (SEE RESOLUTIONS). PRESENTATIONS Alderman Johnson introduced the Honorary Consul General of the republic of Liberia Cynthia Blandford Nash. It is her responsibility to help increase trade by import and export and provide opportunities for their post-war Country Liberia to grow and prosper. Honorary Consul General Republic of Liberia, Cynthia Blandford Nash was appointed by the President of Liberia, Ellen Johnson Sirleaf in 2009 to represent the government of Liberia and the Southeastern Region. Key priorities include investment and trade, education, health and culture. The Liberian Consulate issues travel visas in Atlanta, GA. Consul General hosts a 5 member delegation from Liberia in Savannah, Georgia June 21-22- Sister Port Agreement between Georgia Ports Authority and the National Ports Authority of Liberia extended for 3- years signed on Friday, June 29, 2012, in Savannah. The Georgia Ports Authority provided a 2-day training program including operational best practices, port strategic development, port security, trade and investment, etc. The program was a great success. The Mayor of Savannah has agreed to explore a Sister City Agreement between Savannah and Monrovia to further expand trade and commerce between Liberian and the State of Georgia. The Consul General officially invited the Mayor of Savannah and members of City Council to participate in the 2012 Education and Business mission trip to Liberia, co- hosted by Dr. Carlton Brown, President of Clark Atlanta University, September 29-October 8, 2012. ******************************************************* LEGISLATIVE REPORTS ALCOHOL BEVERAGES LICENSE HEARING As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of the licenses and upon motion of Alderman Thomas; seconded by Alderman Osborne and unanimously carried, they were approved with Aldermen Johnson, Thomas, Osborne, Sprague, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor: 1 Frank G. Paris, III for LaVida Country Club, Inc., requested transfer a liquor and beer (drink) license with Sunday sales from John J. White at 525 Windsor Road, which is located between Largo Drive and Deerfield Road in District 6. (Management change) Bhargan J. Patel for SB USA, LLC t/a Stop N Save, requested a beer and wine (package) license at 1210 E. DeRenne Avenue, which is a new location between Waters Avenue and 72nd Street in District 3. (New location) Revenue Administrator Judee Jones stated Peter Simon from a neighborhood association had asked that the hearing be postponed until he could be present because he had some concerns. Alderman Hall stated he had not heard from Mr. Simon and was ready for the Council to go forward; no one was present to voice objections. ZONING Harold B. Yellin, Agent for Northpoint Hospitality Group, Inc. (Z-120522-50730-2-2), requested to amend the Historic District Height Map (established in Section 8-3030(n)(2), Historic District, Design Standards, Height, of the City of Savannah Zoning Ordinance) to modify the height zones in the northeastern quadrant of the Historic District. The amendment proposes to allow a maximum of three stories or 45 feet above Bay Street in the northeastern corner of the district extending 165 feet along the Savannah River to the north and bounded by the Marriott Hotel to the east and General McIntosh Boulevard (Bay Street) to the south. The Metropolitan Planning Commission (MPC) recommends approval of the request to amend the Historic District Height Map to allow a maximum of three stories or 45 feet above Bay Street in the northeastern corner of the district extending 165 feet along the Savannah River to the north and bounded by the Marriot Hotel to the east and General McIntosh Boulevard (Bay Street) to the south as illustrated in the petitioner’s proposed height map. Jim Hansen was present to present MPC’s recommendations. Attorney Harold Yellin was present representing Northpoint Hospitality Group, along with Whip Triplett, the Executive Vice President of Northpoint Hospitality Group and Patrick Shay the Project Architect. The property consists of approximately 4-acres. They presented a site plan to MPC for 2-hotels, a garage deck, office buildings, retail shops and 5,600 square feet of green space. It would be difficult to find another 4-acre piece of property in down town Savannah. The potential investment is approximately eighty-five million dollars. They went to the MPC staff and requested guidance instead of going to the Historic Review Board and then gone to the Zoning Board of Appeals for a variance. This is the procedures for a single building on a small down town lot. Instead they decided to go before Council and ask to amend the height map; because multiple buildings can be located on four acres. The consensus of the MPC staff and the petitioner was to go before Council and request a height map amendment. It was also clear that the property it was not going to set precedence for any other property. This text amendment is for a map which will amend the corner of the historic district; not the entire ordinance. The petition will also go before the Historic Review Board for design approval. He stated he understood the height map was not perfect, timeless, and could not have contemplated every potential site in the city. Patrick Shay the Project Architect, gave a more in-depth view, explanation, and benefits of the project. Mayor Jackson and Alderman Sprague questioned the setbacks and Mr. Shay stated it would be 12-15 feet from the river. Alderman Osborne stated that many of the Council Members worked hard to establish a height map; and she had always been committed to it. She was also committed to economic development for the City and to the extent this project is limited to the river front and not the inner portion of the historic landmark district; she was very supportive of the project. She said she appreciated them going before Council first because it was a true sense of transparency for the entire community. Alderman Bordeaux questioned the time-frame; Mr. Shay stated the next step would be the Historic District Board of Review. Alderman Bordeaux stated if the Council passed the motion and the project fell-through the City would be left with the height map change for this piece of property. Mr. Yellin stated the Council could vote to change it back. Alderman Sprague asked if they were committing to smaller buildings and not one, large building covering the entire area; Mr. Shay stated they were committed to build exactly as the model represents. Alderman Johnson asked if the property was in the tax allocation district and Attorney Blackburn stated he was not sure of the exact boundaries but that most of it was. The following people spoke against the project: Michael Brown, Developer who lives within the historic district; Daniel Carey President and CEO of the Historic District Foundation and Historic Savannah Foundation; Charles Morris of 27 Abercorn Street and Trustee Gardens; Linda Ramsey, Chairman of the Historic Board of Review; Dr. Nicholas Henry, a member of the Historic Board of Review; Henry Reed, President of Down Town Association; Ardis Woods, resident, 321 E. 55th Street; and Austin Hill, downtown business owner. Thomas Thomson, Director of MPC stated the Planning Commission voted in favor of the applicant’s proposal; the staff of MPC recommended something different which the Board did not accept. He wanted to make it clear that MPC was there to represent the Board’s decision. Marvin Carey, Advocate for the Homeless spoke in favor of the project for the social good it would bring in the way of jobs. Alderman Thomas questioned Dr. Henry’s comments to Council as he serves on the Historic Review Board and the petitioner will seek his approval afterwards. Mayor Jackson referred the matter to the City Attorney. Mr. Blackburn stated: If this question is whether or not a member of the board can take a public stand and have to disqualify himself when it came before the board, then it would have to be 2 addressed at the time it comes before the board. It certainly is not good policy for members, who are later going to have to make a decision, make a public stand. This is only an opinion and we may have to give an opinion when this comes before the board. At this point, I know the Chair of the Historic Board of Review and the Board has indicated their position in this. I think we are in a very difficult legal position as it comes before the board; but I think that has to be answered when it comes before the board and rulings made there, not here.” Dr. Henry stated he wanted to withdraw any comments he made in reference to his to his colleagues; and apologized to the Council for any confusion. Alderman Osborne questioned the movement of the issue, if it would come back before Council for final approval. Attorney Blackburn stated: It does not come back; however, the review board has a criteria and findings that they must make in order to find the issue of visual compatibility. Mr. Shay and Mr. Yellin acknowledged that. I don’t want to leave the impression that you can say it is not visibly compatible and defeat this; I don’t mean it in that sense. But, you got to meet the criteria within the district and they are set forth – there are eleven of them. Also, the elephant in the house is the Marriott; the Marriott sits there and the electric company sits there. Likewise you have a very difficult situation in that River Street doesn’t come to a “T,” it winds around into McIntosh. Although the height map – presently – it would appear – considers McIntosh – where McIntosh goes all the way into Bay Street with the 2-story height. These are considerations that have to be taken in your decision and will have to be taken in the decision of compatibility. Keep in mind the only amendment affects 165 feet of frontage on the River Street, back to Bay Street; that is the only thing involved here. The pretty picture shows you what the intent is but this involves only the 165 feet adjacent to the Marriott Hotel. Alderman Osborne stated that Mr. Blackburn has said there were certain criteria that the Historic Board of Review had to consider; therefore she asked it there would be an opportunity for persons to go before the Board to support their position on the matter. Mr. Blackburn stated: Yes, and let me point out that we have done this very seldom over the years. The Review Board has to make a decision. In any decision there is always a safety-value; a way of correcting errors. If they use some discretion, it can be corrected. We will cross these bridges when we come to them. Alderman Bordeaux asked Mr. Blackburn – when the Review Board considers this project – will they be voting on a modification of the height zone? Mr. Blackburn stated: It is my opinion, that we discussed this over the years and the last time we looked at height – once established by you (Council) – is height. They don’t have any control over that except one area – and that is under certain circumstances they may vary the height upward; but I don’t think they can vary it downwards. Alderman Bordeaux asked if the Council said the height map is changed and 10 feet, 100 feet, or whatever, could the Historic Review Board come back and increase it higher. Mr. Blackburn stated: under certain circumstances they have done it. They can grant a variance for additional height; but they can’t lower it. They will tell you there has to be something given for that; it’s not automatic. The primary thing the board will be doing is determining how it fits within the area; they have to take into consideration that which is all around it. It is different from what the Council is doing today. Alderman Osborne stated she did not know where there was a project this size within the inter-city; and she wanted to remind the people listening that it was because the project was on the river’s edge and not in the inter-core of the landmark district, that she supported it. If anyone came before the Council requesting this type of project within the City, her answer would be no. The Public Hearing was closed upon motion by Alderman Johnson; seconded by Alderman Shabazz and carried with Aldermen Johnson, Thomas, Osborne, Sprague, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor. Mark C. McDonald, President and CEO of the Georgia Trust sent a letter to Mayor Jackson opposing the project. Alderman Carol Bell’s response as read into the record by Mayor Jackson: Madame Mayor, Unfortunately I will not be able to attend City Council meeting on tomorrow since I am attending a conference out of town. Please note that I support the MPC's recommendation to modify the City's height ordinance to facilitate the redevelopment of the property around the Georgia Power Building on the east end of River Street. This project will be good for jobs, good for our tourism industry and will provide for much needed development in our City. The developers of this project have done many projects in Savannah and their work product has proved to be first class. They work hard to integrate their developments in a responsible way into our cityscape. Let the record reflect that I support the MPC recommendation. C. Bell sent by ipad. Alderman Sprague asked if the Council could tie the text amendment to this project only. Attorney Blackburn stated it was not a good policy to make it specific to this project; however, he stated it was his opinion, should Council approved this project, it could be put into the minutes it was the decision of the Council. They could make the zoning for the actual site plan that is presented. A “sunset” clause could be in the minutes; but that makes people want to drag their feet in making decisions; therefore he was not in favor of the sunset. The minutes could reflect that they would approve it and they may even go back and re-visit it at a time-certain if the project doesn’t go forward. Alderman Bordeaux asked if the Council could re-visit it and change the deadline; Attorney Blackburn stated they could. 3 Alderman Bordeaux stated there was a tremendous amount of good in the project; however there were some things he was not comfortable with and noted there were people present and on the streets who were not comfortable with it. He did not hear about the project sooner and did not know it was going to be on the agenda. He felt it needed to percolate and take more time and possibly table it for now. Alderman Johnson stated with the state of the economy, everyone is trying to find creative and innovative ways to improve the cash-flow; realizing what business and jobs are present; and people able to feed their families and lift themselves up out of a poverty initiative. On the other end Council has to protect what is considered the “crown jewel,” and that is an area he was responsible for representing; it is important to keep an eye on the past as well as the future. He stated he had been bombarded with calls from citizens. He would not support it unless it was for that particular project, development, and developer. There needs to be a provision where the City maintains some type of control over it so that if it changed the City had the ability to immediately and effectively take it back. Alderman Thomas stated he was in support of the project because he believed that it would bring some jobs and economic impact and that it was a very thought-out project that people could consider. He said he listened to talk about everyone being against tall buildings and yet there is a booklet with beautiful streetscapes with tall buildings over 100-years old. He stated he believed preservation is the key and they have to be sensitive to the historic district; but at the same time they have to be sensitive to the community. That is finding economic impact and finding a balance between the jobs and how people could substain themselves. The historic district should not be perceived as a neighborhood of only million-dollar houses; it has to be a working, breathing community and the City has a long way to go in order to make it a reality in Savannah. Alderman Sprague stated she was in favor of the project but opposed to the text amendment. Economics was a concern and from what the petitioner stated the number of hotel rooms would stay the same. She stated she had faith in Patrick Shay and Northpoint that they could come up with something historically compatible that would not require a text amendment. When Council approves variances for certain businesses and not for others it makes an un-level playing field. She stated she had done her homework on this project and it would be a visual impact. Northpoint wants more space on the river and more hotel rooms on the river and it would block the Marriott. She asked Council to do everything they could in their power not make the project hurt what is on River Street. River Street is a big part of the community and what the community stands for. Alderman Hall stated he had heard much discussion against the project and developer but his concern was satisfying the hungry and unemployed in the community. The City needs jobs; and most of the people who spoke against the project were “doing quite well.” No one came and appealed for the unemployed or the under-employed. He stated he was in favor of the project; it would put people to work. Alderman Shabazz stated she was almost in favor of the project. She wanted to see Northpoint Hospitality Group join together with some of the people in the City that were concentrating in minority and minority business enterprise’s to create more jobs for the citizens. The recession hit a lot of people in the area that she represents; there are several people who would like to work in this type of development. Therefore, she asked that they join together for a balance in the City. Mayor Jackson thanked everyone for expressing their views on the project. She stated she was a visual person and she always tried to go to the projects. In looking at the present model the Marriott is higher than what is being proposed to Council. In looking on the grounds she saw Crepe Myrtle trees and Savannah is known as an Urban Forest, which is very important to maintain. Mr. Shay stated there would be an open space for a park and that was what the City has encouraged developers to do with their projects. She said if the building was a bathroom-tile type building she would fight against it because it would not take on the character of the community. The Council could be assured that what was being proposed would be one of the focal points of Mr. Shay’s designs. She agreed more jobs were needed but it was equally important to protect the character of the City and particularly the character of the down town area. This particular piece of property sits on the exterior and not the heart of the City. She stated if the City was going to be progressive the Council should allow it to happen with the necessary modifications that it would not be intrusive on the down town area. She asked the developer to take in consideration all that was proposed at this meeting. She said she wished she could say that she agreed with the down town association and residents and the other organizations; but she had to look out for the people of the “total Savannah” where it is necessary to create jobs for those living in poverty and for the homeless where there is a facility around the corner from the project. She stated she had to go with what was best for the community; but, she asked the developers to work with the City and the groups present that day, to build something compatible that will represent the character and design of what is present. She received many letters about atrocities that were built in the past without thought process. Alderman Hall made a motion to approve the request of the petitioner; seconded by Alderman Shabazz. Alderman Johnson made a motion to amend the words of the development specified by Northpoint Hospitality Group. Alderman Johnson re-read the motion: to amend the Historic District Height Map (established in Section 8-3030(n)(2), Historic District, Design Standards, Height, of the City of Savannah Zoning Ordinance) to modify the height zones in the northeastern quadrant of the Historic District; specifically the development proposal submitted by Northpoint Hospitality Group in Atlanta; 4 this amendment proposed to allow a maximums of three stories or 45 feet above Bay Street in the northeastern corner of the of the district extending 165 feet along the Savannah River to the north and bounded by the Marriott Hotel on the east and General McIntosh Boulevard (Bay Street) to the south. The Metropolitan Planning Commission recommends approval of the request as stated. Alderman Bordeaux asked if there was a time limit on the proposal. Attorney Blackburn stated they could put a sunset provision that he was not necessarily fond of; but this was an important issue. This is not the ordinance; this is an expression at the end of a public hearing, their position. An ordinance would still need to be prepared. Alderman Johnson suggested December 31, 2012. Patrick Shay stated they needed to go before the Historic Board of Review and that could be done by December, 2012; but he could not say it would be under construction by then. Attorney Blackburn stated Assistant City Manager Peter Shonka stated providing a time-certain after the Historic Board of Review. Mr. Shonka stated the Council could tie it to after they get approval from the review board, when they get a site and building plan approval. Alderman Bordeaux stated it was obvious the Council wanted to see the project done; therefore, they had to do the height change and yet they didn’t want to leave it sitting out for anyone else if this particular project did not work out. He suggested exploring the time-line of the significant events, subject to unexpected events, and keep them at their word and if not the City will go back to where it is in terms of the height; and he did not think they could do it that day. Attorney Blackburn stated it was his observation, based upon Alderman Bordeaux’s suggestion, that this is not the passing of the ordinance; it was a public hearing. At the close of the public hearing the Council would approve the City Manager’s recommendation with conditions and it can be put in the ordinance. Mayor Jackson stated the Council recommended the staff come back with a resolution that will take in their time-frame and recommendations. Alderman Bordeaux made a motion to continue the item until July 12, 2012; seconded by Alderman Sprague; with Aldermen Johnson, Thomas, Osborne, Hall, Shabazz, and Mayor Jackson voting no and Aldermen Sprague and Bordeaux voting in favor of the motion. Mayor Jackson called for the vote of the original motion and recommendation by the City Manager; with Aldermen Johnson, Thomas, Osborne, Hall, Shabazz, and Mayor Jackson voting in favor of the motion and Aldermen Sprague and Bordeaux voting no. Council directed the City staff to bring to them an ordinance and a timeline for this project. Stacy Patton, Agent for RRF Hidden Point, LLC, Owner (Z-120404-39985-2), requested to rezone 12208 and 12217 Navajo Road from P-B-C (Planned Community Business) and PUD-B-C (Planned Unit Development Community Business) to P-R-M-15 (Planned Multi-Family Residential, 15 units per net acre). MPC recommends approval. The proposed rezoning is consistent with the Tricentennial Land Use Plan and will establish a zoning district that is more compatible for the surrounding area than the current zoning. Alderman Osborne made the motion to close the public hearing; seconded by Alderman Thomas and carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor. Aldermen Johnson and Shabazz were out of the room. Alderman Thomas made a motion to approve the petition; seconded by Alderman Sprague and carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor. Aldermen Johnson and Shabazz were out of the room. PETITIONS Amy Howell for Brad Baugh, Owner of La’Berry Frozen Yogurt – Petition 120115, requested an encroachment over the sidewalk at 225 W. Broughton Street (PIN 2-0016-25-018) for the installation of a storefront awning. The subject property is located on the corner of W. Broughton Street and Jefferson Street. The awning is planned to project from the facade 2 feet, eight inches and provide 11 feet-11 inches vertical clearance. The petition has been reviewed by Public Works and Water Resources, Development Services, and Sanitation with no notable objections. Development Services states that the petitioner will be responsible for all maintenance of the proposed awning. Metropolitan Planning Commission (MPC) has approved the Certificate of Appropriateness (COA). A signed letter from the property owner states their knowledge of said petition and acceptance of all responsibility and associated liability of the encroachments. Approval of Petition 120115 in which Amy Howell requests granting of encroachment onto City right-of-way for the installation of a storefront awning. Petitioner should be advised that such encroachment grants no ownership rights to the property and that if ever required the structure(s) must be removed at petitioner’s expense. The City is held harmless for maintenance and liability of the encroachment. All City permitting and construction guidelines must be followed. Alderman Thomas made a motion to grant the petition; seconded by Alderman Hall and carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor. Aldermen Johnson and Shabazz were out of the room. Michael Coon, Senior Director of Maintenance for the Savannah ChathamCounty Public School System – Petition 120093, requested an encroachment for the installation of a drainage flume and new trees in the 49th Street right-of-way next to Charles Ellis Montessori School. The request includes installing a 6’-0” x 2’-6” concrete drainage flume across the sidewalk area to convey stormwater from the playground to 48th Street, improving current drainage and erosion issues. A cover plate will be placed over the concrete flume to allow for pedestrian use of the sidewalk. In addition three (3) existing sweet gum trees will be removed from the 48th Street right-of-way and replaced with four (4) red maple trees. The request has been reviewed by Water Resources and Public Works, Sanitation, Development Services and Park and Tree with no objections found. Development Services states that the petitioner will be responsible for all maintenance and liability of the drainage flume structure, and all sidewalk modifications must meet Americans with Disabilities Act (ADA) standards. Approval of the request to install a concrete drainage 5 flume across the sidewalk and to remove three (3) existing sweet gum trees to be replaced by four (4) red maple trees. The petitioner and the property owners alike should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroachments must be removed at petitioner’s or property owner’s expense. Alderman Thomas made a motion to grant the petition; seconded by Alderman Hall and carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor. Aldermen Johnson and Shabazz were out of the room. ORDINANCES FIRST AND SECOND READING One Hour Time Zone Request – 0 Block of W. Brady, 0 Block of E. 34th Street, 100 Block of E. 36th Street. An ordinance to authorize one hour time zones on the 0 block of W. Brady, 0 block of E. 34th Street, and 100 block of E. 36th Street. (This item was continued from May, 3, 2012 for an update on the Thomas Square Advisory Committee’s work to find parking solutions.) Upon motion by Alderman Osborne; seconded by Alderman Thomas an carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor, this ordinance would be continued until July 26, 2012. Aldermen Johnson and Shabazz were out of the room. 90-Minute Time Zone Request – Bull Street Library/Thomas Square Parking Area. An ordinance to authorize 90-minute time zones for all spaces in the Bull Street Library/Thomas Square parking area. The parking lot is fronted by Bull Street, 35th Street, and Drayton Street. (This item was continued from May, 3, 2012 for an update on the Thomas Square Advisory Committee’s work to find parking solutions. A memo is attached to the agenda.) Upon motion by Alderman Osborne; seconded by Alderman Thomas an carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, and Mayor Jackson voting in favor, this ordinance would be continued until July 26, 2012. Aldermen Johnson and Shabazz were out of the room. ORDINANCES FIRST READING Highlands Boulevard Speed Limit. An ordinance to increase the speed limit from 35 mph to 45 mph on Highlands Boulevard from 1200 feet west of Jimmy DeLoach Parkway to 1260 feet east of Benton Boulevard. (The Traffic Engineering Report was approved on June 14, 2012.) **************************************************** RESOLUTIONS A RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZING THE MAYOR TO SIGN AFFIDAVIT OF EXECUTIVE SESSION BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah as follows: At the meeting held on the 10th day of March, the Council entered into a closed session for the purpose of discussing litigation and personnel. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session: 1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified; 2. Each member of this body does hereby confirms that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above; 3. The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50-14-4(b); 17 4. The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute. ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2012 UPON MOTION BY ALDERMAN OSBORNE, SECONDED BY ALDERMAN SHABAZZ, AND UNANIMOUSLY CARRIED WITH ALDERMEN THOMAS, JOHNSON, OSBORNE, SPRAGUE, HALL, BORDEAUX, SHABAZZ, AND MAYOR JACKSON VOTING IN FAVOR. ALDERMAN JOHNSON WAS OUT OF THE ROOM. ************************ RESOLUTION A RESOLUTION TO AMEND APPENDIX I, SECTION 208 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003), PERTAINING TO SECTION 7-1018 OF SAID CODE, TO PROVIDE THAT THE SPEED LIMIT SHALL BE THIRTY-FIVE (35) MPH ON THE STREETS NAMED HEREIN; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: 6 BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Appendix I, Section 208 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1018 of said Code as amended shall be amended by adding the following: AMEND SECTION 208: THIRTY-FIVE (35) MPH SPEED LIMIT TO INCLUDE: Within the City/Town Road Name Limits of From To Length in Miles Speed Limit and/or School Name Highlands Savannah Jimmy 1200 feet west 0.23 35 Boulevard DeLoach of Jimmy Parkway DeLoach Parkway Highlands Savannah 1260 feet east West City 2.34 35 Boulevard of Benton Limits Boulevard SECTION 2: All ordinances or parts of resolutions in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2012 UPON MOTION BY ALDERMAN THOMAS; SECONDED BY ALDERMAN OSBORNE AND UNANIMOUSLY CARRIED WITH ALDERMEN THOMAS, OSBORNE, SPRAGUE, HALL, BORDEAUX, SHABAZZ, AND MAYOR JACKSON VOTING IN FAVOR. ALDERMAN JOHNSON WAS OUT OF THE ROOM. ************************************************************* A RESOLUTION TO BE ENTITLED A RESOLUTION TO AMEND APPENDIX I, SECTION 208 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003), PERTAINING TO SECTION 7-1018 OF SAID CODE, TO PROVIDE THAT THE SPEED LIMIT SHALL BE FORTY-FIVE (45) MPH ON THE STREET NAMED HEREIN; TO REPEAL ALL RESOLUTIONS IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Appendix I, Section 208 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1018 of said Code as amended shall be amended by adding the following: AMEND SECTION 208: FORTY-FIVE (45) MPH SPEED LIMIT TO INCLUDE: Within the Road Name City/Town Limits of From To Length in Miles Speed Limit and/or School Name Highlands Savannah 1200 feet 1260 feet east 0.33 45 Boulevard west of of Benton Jimmy Boulevard DeLoach Parkway SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2012 UPON MOTION BY ALDERMAN THOMAS; SECONDED BY ALDERMAN OSBORNE AND UNANIMOUSLY CARRIED WITH ALDERMEN THOMAS, OSBORNE, SPRAGUE, HALL, BORDEAUX, SHABAZZ, AND MAYOR JACKSON VOTING IN FAVOR. ALDERMAN JOHNSON WAS OUT OF THE ROOM. ****************************** 7  RESOLUTION RESOLUTION TO AUTHORIZE THE GRANTING OF A DEED TO SAVANNAH, GA, FD, LLC, FOR THE UNOPENED PORTION OF AMARANTH STREET LYING BETWEEN MLK BLVD. ON THE WEST AND MONTGOMERY STREET ON THE EAST, TOGETHER WITH A TRIANGULAR REMNANT LOT BOUNDED BY MLK BLVD. ON THE WEST, EXCHANGE STREET ON THE SOUTH, AND UNOPENED AMARANTH STREET ON THE NORTH. WHEREAS, the within described property was declared surplus to the City’s needs on the 21st day of April, 2011; and WHEREAS, under O.C.G.A.§ 36-37-6(g) and 32-7-4, the City of Savannah may offer such property for sale to the adjacent owners; and WHEREAS, Bayakopa LLP (“Bayakopa”) is the only owner of the property adjacent to the subject portions; and WHEREAS, The Waterfront Company LLC (“Waterfront”) is under contract with Bayakopa to purchase their property and has petitioned the City to acquire the herein described surplus property; and WHEREAS, title to the adjacent property will be transferred into the name of SAVANNAH, GA, FD, LLC, (a limited liability company registered in the state of Georgia) prior to transfer of the City property; and WHEREAS, the Mayor and Aldermen of the City of Savannah have approved the conveyance of the property to SAVANNAH, GA, FD, LLC, for fair market value, once said company has acquired the adjacent property from Baykopa; NOW THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah in regular meeting of Council assembled, that the City Manager is authorized to execute a Quit Claim Deed and a Fee Simple Deed to SAVANNAH, GA, FD, LLC, to the property described herein, and the Clerk of Council to attest said Deed and affix the City’s seal. Said deed shall be released to SAVANNAH, GA, FD, LLC upon submittal of documentation showing clear title to the adjacent property. See attached Exhibit A which is made a part hereof ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2012 UPON MOTION BY ALDERMAN THOMAS; SECONDED BY ALDERMAN OSBORNE AND UNANIMOUSLY CARRIED WITH ALDERMEN THOMAS, OSBORNE, SPRAGUE, HALL, BORDEAUX, SHABAZZ, AND MAYOR JACKSON VOTING IN FAVOR. ALDERMAN JOHNSON WAS OUT OF THE ROOM. EXHIBIT A LEGAL DESCRIPTIONS All that certain lot, tract or parcel of land situate, lying and being in the City of Savannah, Chatham County, Georgia, known on a map or plan of said City as that portion of unopened Amaranth Street, a 30’ right-of-way, running between Martin Luther King Jr. Boulevard on the west and Montgomery Street on the east, EXCEPTING any portion of said right-of-way which lies within that 40’ x 40’ x 28.05’ triangle at the intersection of MLK Blvd. and Exchange Street being retained by the City of Savannah, all of which is shown on a plat dated May 6, 2011, made by Carl R. Jackson Land Surveyor, Inc., Registered Land Surveyor No. 2555, and recorded in the Office of the Clerk of Superior Court records, Chatham County, Georgia, Book___, Page___. TOGETHER WITH All that certain lot, tract or parcel of land situate, lying and being in the City of Savannah, Chatham County, Georgia, known on a map or plan of said City as Lots N and O and a portion of Lot P, Colding Ward, lying east of Martin Luther King Jr. Boulevard (formerly W. Broad Street). Said lot is triangular in nature and is bounded as follows: on the west by MLK Blvd., on the south and east by Exchange Street, and on the north by unopened Amaranth Street, as shown on a plat dated May 6, 2011, made by Carl R. Jackson Land Surveyor, Inc., Registered Land Surveyor No. 2555, and recorded in the Office of the Clerk of Superior Court records, Chatham County, Georgia, Book_____, Page____. EXCEPTING any portion of said lot which lies within that 40’ x 40’ X28.05’ triangle at the intersection of MLK Blvd. and Exchange Street being retained by the City of Savannah. ********************************* 8 RESOLUTION TO AUTHORIZE THE GRANTING OF A DEED TO LISA K. HARRIS AND SEREANA K. BROCKINGTON FOR AN UNOPENED PORTION OF BRITTANY LANE A/K/A CLAY WARD LANE LYING ADJACENT TO LOT 4 AND THE NORTH ½ OF LOT 3, BLOCK 5, CLAY WARD. WHEREAS, the within described property was declared surplus to the City’s needs on the 31 st day of May, 2012; and WHEREAS, under O.C.G.A.§ 32-7-4 and the associated City code, the City of Savannah may offer such property for sale to the adjacent owners; and WHEREAS, LISA K. HARRIS AND SEREANA K. BROCKINGTON are the adjacent property owners to the west of said portion of the lane; and WHEREAS, the adjacent property owner to the east of said portion of the lane has waived any interest in the property; and WHEREAS, the Mayor and Aldermen of the City of Savannah have approved the transfer of the property to LISA K. HARRIS AND SEREANA K. BROCKINGTON; NOW THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah in regular meeting of Council assembled, that the City Manager is authorized to execute a Quit Claim Deed to LISA K. HARRIS AND SEREANA K. BROCKINGTON to the property described herein, and the Clerk of Council to attest said Deed and affix the City’s seal. All that certain lot, tract or parcel of land situate, lying and being in the City of Savannah, Chatham County, Georgia, known on a map or plan of said City as that portion of Brittany Lane, a/k/a Clay Ward Lane, lying adjacent to and easterly of Lot 4 and the north one-half Lot 3, Block 5, Clay Ward, being approximately twenty (10’) feet in width and forty-five (45’) feet in length. ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2012 UPON MOTION BY ALDERMAN THOMAS; SECONDED BY ALDERMAN OSBORNE AND UNANIMOUSLY CARRIED WITH ALDERMEN THOMAS, OSBORNE, SPRAGUE, HALL, BORDEAUX, SHABAZZ, AND MAYOR JACKSON VOTING IN FAVOR. ALDERMAN JOHNSON WAS OUT OF THE ROOM. ************************************** MISCELLANEOUS RFQ City Attorney. Approval was given for the Request for Qualification for soliciting proposals for the City Attorney appointment upon motion by Alderman Thomas; seconded by Alderman Osborne and unanimously carried with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, Shabazz, and Mayor Jackson voting in favor. Alderman Johnson was out of the room. Historical Marker Relocation – Lutheran Church of the Ascension. The Savannah-Chatham County Historic Site and Monument Commission received approval of a request by Lutheran Church of the Ascension to move the existing historical marker describing the church’s history from Wright Square to a location across the street in front of the church. The marker was originally installed in 1960 when the historical marker program was administered by the State of Georgia. The Georgia Historical Society currently administers the historical marker program. The petitioner has provided letters of support from both entities for the relocation. The proposed location is in front of the church which is on the northeast Trust Lot of Wright Square. The proposed site is the south tree well in the sidewalk. The petitioner has permission from the Park and Tree Department to remove the existing magnolia (which is in full shade and not vigorous) and grate, and replace with the marker and re-brick the sidewalk. Both the current and proposed sites are City property. The petitioner has the necessary funding and will assume all costs for moving the marker. The Commission recommended that City Council approve the petition, because it is consistent with the Master Plan and Guidelines, and that the petitioner coordinate with City departments to ensure no utilities are damaged during installation. Additionally, the petitioner will need to obtain a right-of-way permit. Recommend approval of the Commission’s recommendation. 16. Replacement Plaques – Yamacraw Square Art Park. The Savannah-Chatham County Historic Site and Monument Commission (HSMC) recommends approval of a request by Jerome Meadows to replace the existing (and missing) 16 plaques at the Yamacraw Square Art Park with new solid bronze plaques. The original plaques and art were approved by the Commission on March 16, 1995. The ribbon cutting was on May 13, 2006. The theme of the panels is related to the history of the site including Native American and African American histories. The locations on the walls, design and configuration, size, and text will remain the same. Solid bronze will replace the original thin aluminum sheets backed with metal plates. The proposal to replace the plaques is part of a proposed project to restore the square, including upgraded landscaping, lighting, benches, trash and receptacles, which is estimated to cost $100,000. The proposer is working with the City, Housing Authority, and others to secure the necessary funds. The Commission recommends that City Council approve the petition to replace the plagues, because it is consistent with the Master Plan and Guidelines, on the condition that funding is secured. Upon motion by Alderman 9 Thomas; seconded by Alderman Sprague and unanimously carried the request was granted with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, Shabazz, and Mayor Jackson voting in favor. Alderman Johnson was out of the room. ********************************* Replacement Plaques – Yamacraw Square Art Park. The Savannah-Chatham County Historic Site and Monument Commission recommended approval of a request by Jerome Meadows to replace the existing (and missing) 16 plaques at the Yamacraw Square Art Park with new solid bronze plaques. The original plaques and art were approved by the Commission on March 16, 1995. The ribbon cutting was on May 13, 2006. The theme of the panels is related to the history of the site including Native American and African American histories. The locations on the walls, design and configuration, size, and text will remain the same. Solid bronze will replace the original thin aluminum sheets backed with metal plates. The proposal to replace the plaques is part of a proposed project to restore the square, including upgraded landscaping, lighting, benches, and trash receptacles, which is estimated to cost $100,000. The proposer is working with the City, Housing Authority, and others to secure the necessary funds. The Commission recommended that City Council approve the petition to replace the plagues, because it is consistent with the Master Plan and Guidelines, on the condition that funding is secured. Upon motion by Alderman Osborne; seconded by Alderman Shabazz and unanimously carried the request was granted with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, Shabazz, and Mayor Jackson voting in favor. Alderman Johnson was out of the room. BIDS, CONTRACTS AND AGREEMENTS As advertised upon motion of Alderman Thomas; seconded by Alderman Osborne and unanimously carried, the following bids, contracts and agreements were approved with Aldermen Thomas, Osborne, Sprague, Hall, Bordeaux, Shabazz, and Mayor Jackson voting in favor. Alderman Johnson was out of the room: Critical Work Force Shelter – Contract Modification No. 3 – Bid 10.302 (WT228). Approval of Contract Modification No. 3 from Dabbs- Williams in the amount of $32,486.07. The original contract was for the construction of a new critical workforce shelter to provide shelter and housing for approximately 240 City critical workforce employees during hurricanes or other natural catastrophic events. During non- emergency events, the facility will also serve as a multiuse facility for meetings and training purposes. This contract modification includes additional work associated with changes in field conditions including the addition of structural supports, additional kitchen and restroom equipment and fixtures, railroad track removal and regrading, drainage modifications, additional clearing and additional tile work. Approval of Contract Modification No. 3 to Dabbs-Williams in the amount of $32,486.07 and a 12 day time extension. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Critical Workforce Shelter (Account No. 311-9207- 52842-WT228). Roundhouse Site Infrastructure Improvements – Contract Modification No. 1 – Bid 11.162 (OP208). Approval of Summary Contract Modification No. 1 from Collins Construction in the amount of $10,644.41. This contract modification covers additional work required because of unknown conditions at the site, and for additional work requested by the Coastal Heritage Society (CHS). The work includes two feet of soil under the 210’ long tunnel/retaining wall structure which was found to be unsuitable. The replacement soil will prevent settling of the structure. Additionally, two of the footings of the Historic Paint Shops were not built in a way that was anticipated and required adjustments in rebar and concrete. At CHS’s request, additional services were carried out for the electrical service and for additional gravel in the Paint Shop’s basement, the future home of the Savannah Children’s Museum. The cumulative total of the contract requires City Council approval for this contract modification. Approval of Summary Contract Modification No. 1 to Collins Construction in the amount of $10,644.41. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Roundhouse Site Improvements/Children's Museum Battlefield Park (Account No. 311-9207-52842-OP208). Coastal Heritage Society Operating Agreement – Amendment No. 1. Approval of Amendment No.1 with the Coastal Heritage Society in the amount of a $7,000.00 reduction to the original agreement amount of $688,907.00. The original agreement is being restructured to have the City maintain all HVAC (heating, ventilation, and air conditioning) equipment in the main Visitor’s Center. In the past, these responsibilities were divided between the City and Coastal Heritage Society. Combining the maintenance under the City’s oversight will realize cost efficiencies and will allow the City to coordinate all contracts and warranty issues associated with the new energy efficient system being installed at the facility. Coastal Heritage Society has agreed to reduce its operating agreement by $7,000 to cover the City’s expenses with the additional maintenance responsibilities. Aproval of Amendment No. 1 with Coastal Heritage Society in the amount of reduction of $7,000.00. Arena Process Consultant Services – Event No. 388. Approval to procure consultant services from J & P Consulting Group, Inc. in the amount of $75,000.00. The consultant will assist the City in developing processes for the upcoming study for an Arena/Public Assembly facility. The consultant will assist in the development of a program and a request for proposal for a study which will include a project management plan that outlines the general concept, projects scope and baselines, analyzes site options, develops 10 community assessment tools, and identifies possible funding sources. The method used for this procurement was the Request for Proposal (RFP), which evaluates criteria in addition to costs. The criteria used to evaluate this RFP was organization, resources, and personnel, demonstrated project experience, MWBE participation and costs. Delivery: 6 Months. Terms: Net-30 Days. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Cruise Ship Environmental Study (Account No. 311-9207-52842-OP724). Bucket and Frame Repair to Unit 1517 – Event No. 505. Approval to procure bucket and frame repair services from Williams Fire Apparatus in the amount of $54,911.30. These services will be utilized by Vehicle Maintenance to repair the emergency ladder truck. The reason why a sole source vendor is required is because Williams Fire Apparatus is the factory authorized dealer for Sutphen Corporation. Due to the unit being under warranty, it has to be repaired by a factory authorized dealer or the warranty will be voided. Delivery: As Required. Terms: net-30 Days. Funds are available in the 2012 Budget, Vehicle Maintenance/Outside Vehicle Repairs (Account No. 611-1130-51254). Value Engineering Services for DeRenne Avenue – Sole Source – Event No. 539. Approval to procure value engineering services for the DeRenne Avenue project from AMEC Environment & Infrastructure, Inc. in the amount of $48,939.36. As part of the Project Framework Agreement with the Georgia Department of Transportation (GDOT), the City agreed to pay for Value Engineering services for the DeRenne Avenue project. Value engineering is a project improvement process that is required for all Georgia transportation projects over $10 million. The value engineering study itself is a 3-1/2 day project review to recommend opportunities for adding value and saving construction costs. The City will receive a value engineering report summarizing the process and detailing the study activities and recommendations. AMEC Environment & Infrastructure, Inc. is the consultant selected and approved by GDOT to perform the study. Delivery: As Needed. Terms: Net-30 Days. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/DeRenne Avenue Traffic Analysis (Account No. 311-9207-52842-TE309) Fire Suppression Foam – Sole Source – Event No. 540. Approval to procure fire suppression foam from Tyco-Williams in the amount of $32,648.00. The foam will be utilized by the Savannah Fire and Emergency Services (SFES) in various fire situations. The purchase of the foam is a required matching component of a grant. The reason for a sole source purchase is that SFES currently utilizes ThunderStorm and T-Storm brands of foam concentrates manufactured by Chemguard, and Tyco- Williams is the only authorized distributor. Foam concentrates from different manufacturers cannot be mixed without degrading the effectiveness of the resulting foam. Delivery: As Required. Terms: Net-30 Days. Funds are available in the 2012 Budget, Fire Grants/Chemicals/Port Security Foam Trailer/Operating Supplies and Materials (Account No. 212-3117- 51320-GT0147). Microsoft Enterprise License Agreement Renewal – Sole Source – Event No. 538. Renewed an annual contract for a Microsoft Enterprise License Agreement from Dell, Inc. in the amount of $440,881.48. The license agreement provides an annual and renewable contract for all Microsoft products including all server licenses and client access licenses for Microsoft Office Suite, SQL Server, SharePoint and Exchange/Outlook. Several hundreds of bidders were solicited for this contract; however, Microsoft limits how many resellers are able to provide this agreement within a single state. As the state contractor for Microsoft software, Dell was the only bidder to submit a bid. This is the fifth of six renewal options available. Delivery: As Needed. Terms: Net-30 Days. Funds are available in 2012 Budget, Internal Service Fund/Information Technology/Operating Materials & Supplies (Account No. 611-1140-51320). Body Armor Vests – Annual Contract Renewal – Event No. 541. Renewed an annual contract for body armor vests from U.S. Armor Corporation in the amount of $67,350.00. The body armor vests will be used by Savannah-Chatham Metropolitan Police to aid in the protection against bullets and sharp weapons. This is the first of two renewal options available. Bids were originally received January 11, 2011. Delivery: As Required. Terms: 2%-15 Days. Funds are available in the 2012 Budget, Administrative Services Division/Clothing & Laundry (Account No. 212-4282-51310-GT3152). ***************************** City Manager Rochelle Small Toney was out of town attending a conference. Alderman Johnson returned before the end of the meeting. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC Clerk of Council 11