City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA JUNE 27, 2013 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 Rabbi Robert Haas from Congregation Mickve Israel, followed by the Pledge of Allegiance to the Flag. Upon motion of Alderman Osborne, seconded by Alderman Johnson and unanimously carried the summary/final minutes of the City Council work session/City Manager’s briefing of June 13, 2013 and the City Council summary/final minutes of June 13, 2013 were approved. PRESENT: Mayor Edna Jackson, Presiding Mayor Pro-Tem Van Johnson, II Alderman Tony Thomas, Chairman of Council (left at 3:25 p.m.) Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, Estella Shabazz, Carol Bell, John Hall and Tom Bordeaux City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorneys William W. Shearouse & Lester B. Johnson, III MINUTES Upon motion of Alderman Johnson, seconded by Alderman Shabazz and unanimously carried Mayor Jackson was authorized to sign an affidavit that an Executive Session was held today on litigation where no votes were taken. (SEE RESOLUTIONS) PRESENTATIONS An appearance by Joe Shearouse, Bureau Chief of Public Facilities, Events and Services and Christian Sottile along with the Ellis Square Project Team to present the New Urbanism Charter Award. Mr. Shearouse spoke briefly about the $32 million dollar project which involved both public and private sectors, before introducing Mr. Sottile. Mr. Sottile gave an overview about the project, which started ten years ago when Savannah initiated a public process resulting in the complete regeneration of Ellis Square, which was chosen as one of only nine projects internationally to receive this premier distinction. This tremendous effort has been recognized by Congress for new urbanism with a charter award. This award was recently received by the City of Savannah for excellence in urban design and redevelopment. This effort was not the product of one visionary, but of a broad collaboration that included city officials, the public at large, and a diverse group of design professionals, developers and contractors. The following companies and organizations were acknowledged for their contributions to the Ellis Square redevelopment by the Congress for New Urbanism. 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Owners/Development Team: City of Savannah, Batson-Cook, The Cay Family, London Properties, Holder Properties, Urban Design and Architecture, Sottile & Sottile, Cooper Carry, Lominack Kolman Smith, AECOM, Dawson Architects, Krehbiel Architecture, Smallwood Reynolds Stewart Stewart. Construction: Batson-Cook, New South Construction, Dabbs Williams, DMS Construction Services, Carson Co. Mr. Sottile presented a framed copy of the 2013 CNU Charter Award to Mayor Jackson and the City Manager Stephanie Cutter. Mayor Jackson thanked Mr. Shearouse and Mr. Sottile and congratulated all of the partners who were involved in this project. Additionally, she thanked the City Manager and staff for working with everyone to make this become a reality. She announced that in honor of this celebration, there is cake in the lobby for everyone to enjoy. She announced that Aldermen Thomas and Johnson serve on the policy committee of the National League of Cities and will be leaving for a flight to Washington, D.C. PUBLIC COMMENTS Mayor Jackson announced one hour was set aside to hear public comments. Each speaker was asked to state their name, if they were a private citizen or speaking on behalf of an organization for a minimum of three minutes. There were ten citizens who spoke before Council. They were as follows: Danielle Meunier, Preservation and Education Coordinator spoke on behalf of the Historic Savannah Foundation Dr. Ken Zapp, a retired economics professor Bill Durrence, a private citizen Pam Miller, co-founder of Be Smart Savannah Austin Hill, a small business owner in the historic district Rick Skelton, spoke on behalf of the owners of the Hutchinson Island Silo site Melissa Witherspoon Ralph, a private citizen and member of the Downtown Neighborhood Association Richard Ellis, a private citizen Elizabeth Stanley, a private citizen who lives in the historic district Robert McAlister, Vice President of the Downtown Neighborhood Association All individuals who spoke before Council gave reasons as to why the cruise ship terminal should not come to Savannah, with the exception of Rick Skelton and Robert McAlister who gave general comments. Mayor Jackson thanked everyone who spoke before Council. She stated Council is committed to listening to and working for the citizens. The Council members are elected to carry out the wishes of the people of this community. 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 COUNCIL DISCUSSION At this time, Mayor Jackson stated Council would begin their discussions, since she needed direction from the Council members as to how they would proceed. Alderman Johnson asked if they needed to amend the Agenda to discuss item number 14.1. She answered stating that after the discussion the Agenda could be amended at that time, if Council wished. She announced in Tuesday’s meeting all residents who could not attend today’s meeting could send in their statements. Each council member was given copies of the emails that were sent in from residents. Therefore, this obligation had been fulfilled. Alderman Bell thanked the citizens for exercising their right to engage in this process. She stated we need to hear from the citizens because we represent you. Personally, she had no new comments, as her position has not changed since two days ago when she heard the presentation. She is extremely concerned about the other cities experiences before making such a large monumental investment in something that is rather speculative. She had no other questions and was prepared to vote. Alderman Bordeaux stated he joined his colleague Alderman Bell in thanking the citizens for coming forward. He thought it was a dumb idea before he became an Alderman. He now feels it is a worst idea. He said he wants to live in a community and serve on a Council where it is a better place to live, work and visit. He believes the cruise ship idea should have been thrown out a long time ago before Council spent so much money. He plans to vote against it. Alderman Osborne stated she is very fortunate to represent a large portion of the historic district. She is on Council to represent the citizens of the district she serves. She stands with them and with their idea of not invading the city with the potential of so many people coming into Savannah. This would take down the integrity and the quality of life for our citizens. She supports the idea of bringing rails back to Savannah, but cannot support a cruise line for our city. Mayor Jackson stated that Alderman Thomas asked that she defer his comments to later. Alderman Johnson stated he likes cruises and the idea of being able to get away. He does not like the idea of having to travel far away in order to do so. He believes we owe it to our citizens to investigate all potential revenue opportunities and he stated he voted some time ago to explore this idea because we owe it to the community to thoroughly review it. He thinks the record will show this has been the most thorough observation of this project that has ever been conducted. Often times, things don’t get off the ground until there is someone in a position to do so or has the passion to be able to see it through. He said he wanted to thank Alderman Thomas for all of his efforts in bringing forth this idea and seeing it through. He represents a vast majority of the historic district and he cannot ignore the overwhelming response of those he represents. When he looks at where we are with our budget challenges today and next year, he is charged in his mind with determining what things are the most important for those he represents. He feels not raising our taxes, creating some opportunities where we are able to maintain our level of services and hopefully, give our employees a raise is most important. Therefore, he cannot support the cruise ship terminal at this time. 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Alderman Sprague stated she loved the water and would have loved to board a cruise ship in Savannah. We need jobs in this community and she believes any ideas that would bring jobs to Savannah are worth exploring. We invested a little money before we invested a lot, for this reason, this idea was worth exploring. She believes Alderman Thomas did the right thing in trying to bring forth an idea to help this community. Public and private partnerships are supposed to be public and private, and she believes this arrangement seems to be all public and very little private. This situation would be risking too much of the tax payers money to pursue it, as there have been too many failures in other cities. She is also disappointed with Georgia Port Authority’s unwillingness to support a cruise ship, and believes we could have done a small scale version and tested the waters to determine if there was a demand. Therefore, for these reasons she cannot support it. Alderman Hall thanked all of the citizens who came out to express their views and he thanked Alderman Thomas for all of his efforts. However, he stated this idea has run out of steam and he would be voting against it. Alderman Shabazz was excited about the terminal being built in Savannah and not having to travel to take a cruise. She thought it would be a wonderful economic venture for our city bringing in jobs. She thanked Alderman Thomas for his time and efforts in trying to bring this idea to Savannah, but at this time spending additional money would not be a good thing. If the City Manager and staff come back and state we need to increase the mileage rate, she is going on record today that she is going to vote against it. The city is currently in a serious financial situation and I want the citizens to know this is what is driving my decision today. Alderman Thomas thanked the members of the Citizen Task Force that explored and examined this issue. It is citizen driven groups and others in the community who bring about change and new ideas. As Aldermen, it is our responsibility to look at what is best for our city. Some of my comments might surprise many people in this room today. This has been an eye opening experience. In 2009, when this idea started Savannah’s initial investment was $50,000 to explore this idea, and there were other parties involved who contributed. The City released an RFP for the bid in which BEA, an architectural firm out of Miami was awarded the contract. When the new Council was elected, they voted to fund the second study. What bothered him about the findings were not so much the opinions of people, but the facts. They looked at three locations which were large acreage sites along the water way in which the City could possibly develop a cruise ship terminal. The findings stated the Savannah River Landing was the best site on the river however, he happens to be aware there are serious problems with this location. Alderman Thomas does not believe the city and taxpayers should invest any monies in this site that we haven’t already invested. The residents are already paying $1.4 million dollars per year for debt service on this empty lot at the east end of the river. The fact is we have all explored this idea and he does not believe it would be best for Savannah. If the same type of due diligence was done on the Hutchinson Island race track years ago, things might have been different than the tragedy we just experienced. We must explore major dollar ideas and make the same efforts to explore these opportunities for this community. He stated he would be voting no. 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Mayor Jackson announced she would bring closure to the Council discussions. When Alderman Thomas brought this idea to Council they thought it was something worth looking into as another venue for bringing jobs and visitors to the community. We love our city and wanted others to love it as well. She does not regret the decisions that were made. We are here on this Council to bring forth ideas whether we agree with them or not. The only way for Council to make a decision is to look at the idea to see if it would be a good fit for our community. The economy started bottoming out, jobs were lost and the poverty level had risen we were looking at ways to make the community whole. One of the private citizens commented about bringing the rails back to Savannah, this idea is already on the radar of MPO and was discussed at their meeting. Even though Council may focus on one thing they are looking at many. At times, it may get hostile among Council members but we love Savannah and must work together. We have heard you, we’ve heard the businesses and we’ve heard the residents. The one thing we now need to do is put forth that same energy in working to bring jobs, improve our educational system and do what makes us proud Savannahians. As we move forward, let us know how you feel. Council sought information from the National League of Cities and met with Mayors and Council members of other cities where these ideas failed. There was also a previous cruise ship study many years ago that was conducted by Georgia Port Authority. Mayor Jackson thanked the residents again for attending this Council meeting and voicing their opinions, committee members, staff, Special Project Coordinator Marty Johnston. She thanked Alderman Thomas and Council members for keeping us focused on the decision they were about to make. Cruise Ship Staging Area Study Phase Two-Event No. 411. Consideration to award Phase Two of the Cruise Ship Staging Study to BEA Architects in the amount of $82,000.00 Phase Two would evaluate and test a preferred site for landslide facilities of a cruise terminal that includes parking, loading, land side security, etc. Deliverables at the end of Phase Two would be all test results and documentation necessary to obtain a Corp of Engineers approval and permits to build a terminal and support facilities necessary to operate a cruise line. B.P. BEA Architects (C) $ 82,000.00 Funds are available in the 2013 Budget, Capital Improvement Project/Other Costs/Cruise Ship Environmental Study (Account No. 311-9207-52842-OP0724). (C)Indicates non-local, minority owned business. Upon motion of Alderman Johnson, seconded by Alderman Hall and unanimously carried the Agenda was amended to move Item 14.1 the cruise ship study up at this time. Upon motion of Alderman Osborne, seconded by Alderman Bordeaux the Cruise Ship Staging Area Phase II was denied based upon all of the information the Council received. A board vote was taken and unanimously carried. 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 ALCOHOLIC BEVERAGE LICENSE HEARINGS As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of these licenses. Upon a motion by Alderman Johnson, seconded by Alderman Osborne and unanimously carried they were approved per the City Manager’s recommendation. Kelli Walker for Pal, LLC t/a Downtown Chevron, requesting to transfer a beer and wine (package) license from Shiv Baba, LLC t/a Downtown Chevron at 147 Martin Luther King, Jr. Boulevard, which is located between Oglethorpe Avenue and Ann Street in District 1. (Change of ownership) Kelli Walker for Pal, LLC t/a Abercorn Chevron, requesting to transfer a beer and wine (package) license from Shiv Baba, LLC t/a Abercorn Chevron at 206 E. Victory Drive, which is located between Abercorn and Lincoln Streets in District 5. (Change of ownership) ZONING HEARINGS Continued from the meeting of May 2, 2013 Russell Steven Varnadoe (13-000957-ZA), requesting a text amendment to Section 8-3025(b) the B & I Use Schedule of the City of Savannah Zoning Ordinance to amend use number seven (7) Hotel or Apartment Hotel. MPC recommends approval of the petitioner’s requested amendment. The B-C zoning district is designed to accommodate large scale commercial uses. Use number seven (7) of the Use Table, Hotel or Apartment Hotel, although having been allowed by practice is technically prohibited in the Zoning Ordinance in the B-C district. The most likely scenario by which this use has been prohibited is simply a long standing oversight. The use is appropriate in the district and should be allowed by right therein. Further, the proposed text amendment would bring a number of uses into conformity. City Manager recommend continues this hearing until July 11, 2013. COUNCIL DISCUSSION Alderman Sprague: What are the plans for this piece of property? Marcus Lotson of the MPC responded: There are no plans for this particular piece of property that he is aware of. The amendment on the Agenda is a text amendment to allow hotels in certain zoning districts that is not currently allowed. Alderman Sprague: Explain the change. Marcus Lotson: The proposal is to allow hotels and apartment hotels in the B-C zoning districts which are not currently allowed. Alderman Sprague: Give us some examples of where these B-C districts are. Marcus Lotson: They are all over the city. Along Abercorn are a number of B-C zoning districts. This particular property is on Ogeechee Road. They are mostly along the major vehicular corridors of the city. There is substantial B-C zoning. Mayor Jackson: Can MPC provide Council with the areas where there are proposed sites for hotels? Can we defer this until all Council members are here? 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Alderman Thomas: What bothers him is the language in which apartment/hotel is used. He wants to make sure this is not the new term for boarding houses. Alderman Sprague: She would appreciate if this could be delayed for a month. Alderman Osborne: Even if a vote comes before Council confirming this, individual items will still be brought before Council. Although it’s zoned for that area Council can still vote against it. We are not sure where these areas could be located. We know how boarding houses get slipped in, just look at Drayton Street. Alderman Thomas: Zoning gives them that right. Alderman Osborne: If it comes up in an area we are not aware of it is my concern. Marcus Lotson: MPC will work with the City Zoning Administrator to make it clear the difference between boarding houses/rooming houses and apartment/hotels. In the zoning ordinance there is a definitional difference. MPC will be able to provide that. Mayor Jackson: Are there any other requests that Council will need to make? Alderman Hall: Is there a difference in boarding house and rooming house? Marcus Lotson: No Mayor Jackson: You have apartment/hotel where you are renting by the month, etc., can you give us some more clarity? Marcus Lotson: Yes Alderman Hall: Is this the same petition you brought up a month ago where someone owned property on Ogeechee Road. This property could go either way. It could go hotel or motel or whatever. Marcus Lotson: That particular property spurred the conversation that ended up here today in terms of this text amendment. But what we found out when we were reviewing it is that legitimate hotels are also not allowed in the zoning district that we feel should be. We wanted to address this issue. Alderman Hall: Would you say this is a long standing practice and there was some sort of oversight but you are here today to try to correct it? Marcus Lotson: Yes sir Alderman Hall: During the process of correcting it we could potentially see these types of structures here and there along some of our major corridors where we assume they would never be built. Marcus Lotson: I believe if you see anything, it would be the potential development of hotels or apartment hotels as they are defined in a B-C zoning district. Alderman Hall: I am in agreement with the Mayor and the rest of Council. We need to come back to this so we will have a better understanding of these locations. Alderman Shabazz: Mr. Lotson, when you return to Council please lay it out for us, and include specific locations, zoning comparisons of what the text amendment says about the element that exist on Hwy. 17. There is a large amount of drug sales and prostitution. Council does not want these text amendments to be written to allow this to open up a field of what is going on now. We need the analysis and comparison so Council may be able to do something even with this section. Marcus Lotson: Said he understands. 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Alderman Bordeaux: Said he requested earlier copies of the text amendments so we could have them as well. Not just on this but on anything because obviously the actual wording has changed and this is where the real language lies. So I would like to make it as a practice whenever possible, to have the actual text language included with the text amendment. Alderman Osborne: If we did not vote for this change and an individual was to do something like this, is there not a reason as to why we could not approve it? Marcus Lotson: This change would allow anyone to develop a hotel in the B-C zoning district. Alderman Osborne: If we don’t approve it and the individual wanted to come before Council to build a hotel in an area that is not yet established as a B-C zoned district, could Council disapprove or approve it? Marcus Lotson: They could only establish a use in a district where it is allowed by the ordinance. Mayor Jackson: Council is uncomfortable with this issue. Particularly, when you say apartment/hotel, individuals will take the old hotels with one bedroom and put a microwave oven and a refrigerator in it and rent it on a monthly basis as an apartment/hotel. Alderman Hall: What is purposed for this particular site? Marcus Lotson: There is nothing purposed for this particular site. Alderman Shabazz: This particular site is located when you pass the Liberty Parkway entrance down Mills B. Lane. You go towards the Wells Fargo bank and you make that turn going towards Ogeechee Road right before the gas station. There is a lot located there. This would be coming toward more of our residents and our neighborhoods. This would allow all of the trafficking and negative things that communities do not want. She wants the public to know exactly what the Council is talking about with this particular site. Alderman Osborne: What areas would be changed to B-C districts? Mayor Jackson to Mr. Lotson: Can you send this information to our City Manager? The City Manager will get the information to Council. Mayor Jackson: What other areas would this impact in the community? Marcus Lotson: Any area in the City that is currently B-C zoned. It will be a very long list. These areas are all over the city. Alderman Osborne: Council does not want to vote for something that would impact their area. Mayor Jackson: We do not need the list right away. We are talking about August. Alderman Johnson: Are we saying we are going to be looking at August 5, 2013? Clerk of Council: No, we are looking at August 8 and August 22, 2013. Mayor Jackson: Can you add an amendment to your motion that a list be provided? Alderman Johnson: This text amendment is continued until August 22, 2013 provided all requested items are submitted to Council in advance. Upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried provided all requested items are submitted to Council in advance it was continued until August 22, 2013. 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 PETITIONS Lori Collins of Liberty 217 LLC (Petitioner and Property Owner) – Petition 120594, requesting the City allow encroachment within the Tattnall and W. Liberty Streets rights-of-way for the installation of trench drains and a “yard box” (a.k.a. diverter box). The subject property is located at 217 W. Liberty Street. The petitioner plans to locate two (2) 4” trench drains under the Tattnall Street sidewalk that will extend into the right-of-way 6’-0”, and one (1) 6” corrugated plastic pipe under the Liberty Street sidewalk extending 14’-0” into the right-of-way, and used to divert water to a yard box which is to be located within the Liberty Street tree lawn. This request has been reviewed by Public Works and Water Resources, Development Services, and Park and Tree. Approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the encroachments. All sidewalk improvements and/or modifications must be done in accordance to City standards and must meet the latest ADA (Americans with Disabilities Act) and Life Safety requirements. All City construction guidelines must be followed, and all new installations must meet all federal, state and local codes. The City will not be responsible for maintenance or liability of the trench drains or yard box. The property owner should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroaching items must be removed at the property owner’s expense. Recommend approval. Upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried. It was approved. ORDINANCES First and Second Readings Rezone 7216 Skidaway Road (Z-110517-52996-2). An Ordinance to rezone 7216 Skidaway Road from PUD-IS-B (Planned Unit Development Institutional) to B-N-1 (Neighborhood Business Limited). The Metropolitan Planning Commission recommended approval to rezone the property from PUD-IS-B to B-N-1 subject to the condition that a one foot non-vehicular access easement be established at the rear of the property paralleling and preventing direct access into Central Avenue). The zoning was approved at a hearing of City Council on August 25, 2011, along with a similar zoning change for the adjacent property. Due to administrative error, this was never enacted as an ordinance, and in the intervening time, the adjacent property was sold. The matter came to Council on April 18, 2013, and was referred back to MPC for the purpose of revising the description to only include the property at 7216 Skidaway Road. 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Ordinance read for the first time in Council June 27, 2013, then by unanimous consent of Council read a second time June 27, 2013, placed upon its passage, adopted and approved upon a motion by Alderman Johnson, seconded by Alderman Sprague and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT PUD-IS-B ZONING CLASSIFICATION TO A B-N-1 ZONING CLASSIFICATION; TO REPEL ALL OTHER ORDINANCES 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: The following described property be rezoned from its present PUD-IS-B zoning classification to a B-N-1 zoning classification: LEGAL DESCRIPTION Beginning at a point [X 993721.4977 Y 726516.6337] located on the centerline of Skidaway Road approximately 1281.74 feet from the intersection of the centerlines of Montgomery Cross Road and Skidaway Road, Thence proceeding in a Northwesterly direction along the centerline of Skidaway Road for a distance of approximately 211.39 feet to a point, Thence proceeding along a line in a Northeasterly direction N 76-58-28 E for approximately 355 feet to a point, a point located on the centerline of Central Avenue, Thence proceeding in a Southeasterly direction along the centerline of Central Avenue for a distance of approximately 189.63 feet to a point, Thence proceeding along a line in a Southwesterly direction S 73-30-24 W for a distance of approximately 333.46 feet to a point, [993721.4977 Y 726516.6337] said point being, the point of beginning. The property is further identified by the Property Identification Number as follows: P.I.N. 2-0429 -02 -009 SECTION 2: That the requirement of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. That an opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 2nd day of August, 2011, a copy of said notice being attached hereto and made a part hereof. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: June 27, 2013. MPC FILE NO.: Z-110517-52996-2 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Ordinance read for the first time in Council June 27, 2013, then by unanimous consent of Council read a second time June 27, 2013, placed upon its passage, adopted and approved upon a motion by Alderman Johnson, seconded by Alderman Sprague and unanimously carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT R-4 ZONING CLASSIFICATION TO A RB-1 ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES 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: The following described property is rezoned from its present R-4 zoning classification to a RB-1 zoning classification: LEGAL DESCRIPTION Starting at a point, [ X: 992417.931257 ft Y: 750822.507079 ft ] located at the approximate intersections of the centerlines of East Duffy Street and Waters Avenue; said point being, THE POINT OF BEGINNING thence proceeding in a direction N 73-12-43 W, along the centerline of East Duffy Street for approximately 181.802 ft. to a point; thence proceeding in a direction: N 16-43-36 E , along a line for approximately 157.734 ft. to a point, a point located on the approximate centerline of East Park Lane; thence proceeding in a direction: S 73-39-34 E, along the centerline of East Park Lane for an approximate distance of: 179.981 ft. to a point, a point located at the approximate intersections of the centerlines of East Park Lane and Waters Avenue; thence proceeding in a direction: S 16-4-12 W, along the approximate centerline of Waters Avenue for an approximate distance of: 159.151 to a point [ X: 992417.931257 ft Y: 750822.507079 ft ], said point being, THE POINT OF BEGINNING The property is further identified by the Property Identification Numbers are as follows: P.I.N.: 2-0042 -19-002 [portion]. SECTION 2: That the requirement of Section 8-3182(f) (2) of said Code and the law in such cases made and provided has been satisfied. That an opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 23rd day of May, 2013, a copy of said notice being attached hereto and made a part hereof. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: June 27, 2013. MPC FILE NO.: 13-002026-ZA 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Ordinance read for the first time in Council June 27, 2013, then by unanimous consent of Council read a second time June 27, 2013, placed upon its passage, adopted and approved upon a motion by Alderman Bell, seconded by Alderman Sprague and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND SECTION 8-3025 (b) OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003), PERTAINING TO USE NO. 10q – HOSPITALS AND LONG TERM CARE FACILITIES IN B-DISTRICT AND I-DISTRICTS; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR ALL OTHER PURPOSES. BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Section 8-3025 (b) of the Code of the City of Savannah, Georgia (2003) hereinafter referenced as "Code” is amended as follows: ENACT R-B R-B-1 B-H B-N B-N-1 B-C B-C-1 B-G B-G-1 B-G-2 B-B I-L-B P-I-L-T R-B-C R-B-C-1 I-L I-H List of Uses (10q) Hospitals and long-term X X X Care Facilities SECTION 2: That the requirements of Section 8-3182(f) (2) of said Code and the law in such cases made and provided has been satisfied. That an opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 23rd day of May, 2013, a copy of said notice being attached hereto and made a part hereof. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: June 27, 2013. MPC FILE NO.: 13-002015-ZA 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Ordinance read for the first time in Council June 27, 2013, then by unanimous consent of Council read a second time June 27, 2013, placed upon its passage, adopted and approved upon a motion by Alderman Sprague, seconded by Alderman Hall and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 227 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1121 OF SAID CODE TO PROVIDE THAT FOUR-WAY STOP TRAFFIC CONTROL SIGNS SHALL BE ERECTED AT THE WITHIN INTERSECTIONS; TO REPEAL ALL ORDINANCES 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 227 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1121 of said Code, as amended, shall be amended by adding thereto the following: AMEND SECTION 227, FOUR-WAY STOP TRAFFIC CONTROL SIGN ENACT East 52nd Street STOPS for Habersham Street, four-way stop. Habersham Street STOPS for East 52nd Street, four-way stop. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: June 27, 2013. 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 Ordinance read for the first time in Council June 27, 2013, then by unanimous consent of Council read a second time June 27, 2013, placed upon its passage, adopted and approved upon a motion by Alderman Hall, seconded by Alderman Shabazz and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 215 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1032 OF SAID CODE TO PROVIDE THROUGH TRUCK TRAFFIC BE PROHIBITED ON BERKSHIRE ROAD FROM ALLEGHENY AVENUE TO SKIDAWAY ROAD; TO REPEAL ALL ORDINANCES 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 215 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1032 of said Code, as amended, shall be amended by adding thereto the following: AMEND SECTION 215, COMMERCIAL VEHICLES PROHIBITED BERKSHIRE ROAD Berkshire Road from Allegheny Avenue to Skidaway Road. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: June 27, 2013. 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 27th day of June, 2013 the Council entered into a closed session for the purpose of discussing litigation. 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; 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 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 27th DAY OF JUNE 2013 UPON MOTION OF ALDERMAN JOHNSON, SECONDED BY ALDERMAN SHABAZZ AND UNANIMOUSY CARRIED. MISCELLANEOUS Upon motion of Alderman Johnson, seconded by Alderman Bell and unanimously carried the following appointments to Boards, Commissions and Authorities were approved: COASTAL WORKFORCE INVESTMENT BOARD Earline Wesley Davis - Reappointment Dr. Alfreda Goldwire Mary Nestor-Harper – Reappointment ETHICS BOARD Wanda Andrews - Reappointment HOUSING AUTHORITY OF SAVANNAH Chadwick L. Reese, Ph.D. KEEP SAVANNAH BEAUTIFUL Sheila Parker-Blanco PARK AND TREE COMMISSION Philip Perrone SAVANNAH/CHATHAM COUNCIL OF DISABILITY ISSUES Shannon Biezenbos Denise Boehner Melissa Wright-Henderson John Kim SAVANNAH DEVELOPMENT AND RENEWAL AUTHORITY (SDRA) Erika Archibald, Ph.D. Gerald Anthony Bluett Dr. Richard Feldstein Toni Harrington Brian Judson 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 SAVANNAH DEVELOPMENT AND RENEWAL AUTHORITY (SDRA) (cont.) Michael T. Owens Stephen Dana Palmer Victor Shernoff Vivian Watts SAVANNAH RECREATION COMMISSION Juanita Barmore Elaine Boyington Britt Henderson CULTURAL AFFAIRS COMMISSION -2 CANDIDATES 1 APPOINTMENT Jonathon Barrett Patrick A. Kelsey Alderman Osborne moved for the appointment of Patrick Kelsey and this was seconded by Alderman Shabazz. Council went on the board and the motion failed with the following voting in favor: and the following voting against the motion ending in a 4-4 tie. A motion was then made by Alderman Sprague to appoint Johnathan Barrett and this was seconded by Alderman Johnson. Council went on the board and the motion failed with the following voting in favor: and the following voting against the motion ending in a 4-4 tie. Appointment will be reconsidered at another date. GREATER SAVANNAH INTERNATIONAL ALLIANCE-2 CANDIDATES 1 APPOINTMENT Tracy Sanno Pamela Terekhova – Reappointment Alderman Sprague moved for the reappointment of Pamela Terekhova. This was seconded by Alderman Johnson and carried with following voting in favor: Aldermen Sprague, Bordeaux, Bell, Johnson and Mayor Jackson and the following voting against the motion were Aldermen Hall, Shabazz and Osborne. TRAFFIC ENGINEERING REPORTS 100 Block of W. Saint Julian Street. James A. Bennett, on behalf of First Citizens Bank, has requested the three parking spaces in the 100 block of W. Saint Julian Street be converted from unrestricted and unlimited use to 30-minute, once per day use. The 100 block of W. Saint Julian Street begins at Whitaker Street and continues one-way west to Barnard Street in the North Historic District. The street is commercial and many of the businesses in this area serve short- term customers who are currently unable to find parking in the vicinity to serve their needs. Parking studies have been conducted and indicate that the unmetered parking spaces are occupied before 7:00 a.m. by employees of nearby businesses who utilize them rather than having to pay to park in the Whitaker Street Garage. Restricting parking to 30-minutes will facilitate turnover and provide relief for those who have short-term parking needs. However, 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 metering the spaces rather than establishing a once per day limit streamlines enforcement and provides consistency in the area. Traffic Engineering recommends that the three parking spaces in the 100 block of W. Saint Julian Street be converted to 30-minute metered parking. Parking Services concurs with this assessment. Recommend approval. Upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried. Ordinance to cover will be drawn up at the next meeting of Council. BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Osborne, seconded by Alderman Bordeaux and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations Coastal Workforce Services - Provision of Services to Adults and Dislocated Workers – Contract Modification No. 1. Approval of Contract Modification No. 1 to the Georgia Department of Labor contract to provide services to Adults and Dislocated Workers in the nine county service delivery area in the amount of $149,940.25 and extend the contract for three months. Auxiliary Power Unit (Generator) Maintenance – Contract Modification No. 1 - Event No. 897. Approval of Contract Modification No. 1 to Cummins Power South, LLC in the amount of $3,533.29. The original contract was for auxiliary power unit maintenance that was to be used by various City departments to maintain and repair generators which are critical to the operation of the City, especially in emergency situations. The cumulative total of the contract requires Council approval of this modification. The original contract was for the total amount of $396,324.60. The total of all contract modifications to date, including this modification is $3,553.29 making the total contract price $399,857.89. Autoclave – Event No. 1378. Approval to procure an autoclave from Steris Corporation in the amount of $37,718.00. The autoclave will be used by the Water Reclamation Laboratory to sterilize media and equipment used in bacteriology. Traffic Signal Construction – Annual Contract – Event No. 1473. Approval to award an annual contract to procure traffic signal construction to Hoffman Electric in the amount of $86,262.40. The services will be utilized by Traffic Engineering for the installation of traffic control devices for minor planned projects as well as emergency repairs in the event of accidents, storms or equipment failures. Funds are available in the 2013 Budget, Traffic Engineering/Equipment Repair Parts (Account No. 101-2103-51335). River Street Streetcar Repair – Event No. 1497. Approval to procure repairs to the River Street Streetcar from Penn Machine Company in the amount of $80,790.00. The repairs include 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 new wheels, new axles, upgrading of belt drive system and complete inspection and re-assembly of the streetcar for service. Funds are available in the 2013 Budget, Parking Enforcement & Administration/Other Contractual Service (Account No. 561-1113-51295). Bond Issue Financial Advisory Services – Event No. 1351. Approval to procure bond issue financial advisory services from Public Financial Management, Inc. (The PFM Group). The scope of work will consist of assistance in the structuring and issuance of City bonds. The City generally sells its bonds via competitive bid; to ensure independence of the financial advisor; the advisor is prohibited from participating on the underwriting of any City bonds. The Minority and Women Business Enterprise (MWBE) goal for this procurement is a combined goal of 15%. The recommended proposer submitted participation of 20% M/WBE utilizing M. Johnson Consultants. Randolph and Broughton Streets Water Improvements – Event No. 1119. Approval to award a contract for construction services for the Randolph and Broughton Streets Water and Sewer Improvements from Savannah River Utilities in the amount of $1,781,995.00. The Minority and Women Business Enterprise (M/WBE) goal for this project was 28% M/WBE. The recommended bidder submitted participation of 100%; 85% MBE self-performing, and 15% WBE utilizing Potter Construction. Funds are available in the 2013 Budget, Capital Improvement Projects/Other Costs/Randolph & Broughton Street Water & Sewer Improvements (Account No. 311-9207-52842-SW727). Savannah Port Authority (SPA Park) Water Service Agreement. The SPA Park was annexed into the City of Savannah a number of years ago, but the water and sewer systems remained under the ownership, operation and maintenance of Chatham County. With groundwater withdrawal reductions, Chatham County entered into an agreement with the City of Pooler whereby Pooler provided water to Chatham County on a wholesale basis. Savannah recently completed the purchase of the SPA water and sewer systems from Chatham County. Savannah is preparing to bid and install a waterline from its distribution system within the airport area to the SPA water system such that water supply from Pooler will no longer be necessary. In the interim it will be necessary for Savannah to enter into a wholesale agreement with Pooler for the purchase of water for a period of approximately twelve months. Structural Engineering Evaluation. A petition claiming structural damage caused by a past Stormwater Capital Improvement Project has been received. Based on the claims made by the petitioner, a proposal was requested and received from Thomas and Hutton Engineering for the initial structural investigations. Recommend approval of an agreement with Thomas and Hutton Engineering in the amount of $4,000.00 to perform structural investigations. Funds are available in the 2013 Budget (Account 101-2104-51239). 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 27, 2013 The following announcements were made: Alderman Johnson congratulated Mayor Jackson on becoming the 3rd Vice President at the Georgia Municipal Association annual meeting in Savannah. She will be the 7th President from the City of Savannah. Mayor Jackson stated Tyler Perry has a television show called “The Haves and The Have Nots,” which airs on the Oprah Winfrey Network. The beauty of Savannah can be seen on the show. Several different locations in Savannah such as City Hall, Johnson Square and other areas of the community are displayed throughout the show. Neither the Mayor nor the Council members were aware that Savannah would be displayed on the show. Mayor Jackson asked if the Council could get some updated information on how this came about. Alderman Bell announced the launch of “Ask an Alderman.” This program will give the Aldermen an opportunity to take government to the people. The citizens of Savannah will have a chance to ask questions and express their issues. This event will begin August 19, 2013. It will be hosted by Aldermen Bell and Johnson in District 1 from 5:00 p.m. to 7:00 p.m. The location will be announced at a later date. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC, Clerk of Council 19