City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA DECEMBER 23, 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 Rev. Janice Swann-Butts of Thankful Missionary Baptist Church followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Alderman Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, Carol Bell, Estella Shabazz John Hall and Tom Bordeaux City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney William Shearouse ABSENT: Mayor Pro-Tem Van Johnson, II Assistant City Lester B. Johnson, III Mayor Jackson asked that the agenda be amended to add the PALS as item 5.1 MINUTES Upon motion of Alderman Osborne, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the Special City Council meeting of December 9, 2013 were approved. Upon motion of Alderman Osborne, seconded by Alderman Thomas, unanimous approval was given for the Mayor to sign an affidavit and resolution for an Executive Session held on December 9, 2013 to discuss personnel and litigation where no vote was taken. (SEE RESOLUTIONS) Upon motion of Alderman Osborne, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the City Council W ork Session/City Manager’s Briefing of December 12, 2013 and the Summary/Final minutes of the City Council meeting of December 12, 2013 were approved. Upon motion of Alderman Osborne, seconded by Alderman Thomas, unanimous approval was given for the Mayor to sign an affidavit and resolution for an Executive Session held today on to discuss litigation where no vote was taken. (SEE RESOLUTIONS) 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 PRESENTATIONS Command Sergeant Major James Mitchell, of Hunter Army Airfield, appeared to present a holiday wreath to Savannah on behalf of Fort Stewart/Hunter Army Airfield. Mayor Jackson asked Alderman Thomas to join her as she accepted the wreath since he serves as the liaison for the military. Command Sergeant Major Mitchell stated on behalf of Major General Mike Murray, Command Sergeant Major Ed Watson and the Command Team for the 3rd Infantry Division, as an extension of the 466 wreaths that were placed on Warrior’s Walk on December 14, 2013 at an Eastern Red Bud Tree emblematic and representing a soldier killed in Afghanistan or Iraq. The City of Savannah’s Military wanted to further solidify its relationship by presenting a wreath. Mayor Jackson accepted the wreath and thanked Command Sergeant Major Mitchell and all soldiers that are protecting the City of Savannah. She stated the wreath will be placed in the rotunda through the holidays. She stated the City will continue to pray for the safe return of all soldiers. Mayor Jackson stated in 2004 City Council made the decision to reorganize the PALS in the City of Savannah. She asked Captain Devon Adams and Chief Julie Tolbert to come forward. Chief Tolbert stated the best junior football team in the state of Georgia to come before Council. She stated the young men have worked extremely hard under the leadership of Capt. Adams and the other coaches. The team won 3 of the 4 championship games they participated in. Cpt. Adams asked the young men present to come forward and stated that was only a fraction of the team. There are about 150 kids ranging from 6 to 12 years of age. They were taken to Jacksonville, FL last week and participated in the “Battle of the Badges” and also had an opportunity to go see a Jacksonville Jaguars football game. Cpt. Adams stated on behalf of the Savannah Chatham County Metropolitan Police Department, the team and coaches he wanted to thank City Council for the opportunity to build the youth into young men. Mayor Jackson thanked Cpt. Adams and the coaches and told the team members present that they are ambassadors for the City of Savannah and should be proud. She asked the parents of the children present to please stand and thanked them for their support in the endeavors of the children. Alderman Osborne suggested making the children ambassadors by pinning them. Council members came down and pinned the youth and shook their hands. ZONING HEARINGS Holly Young, Agent for Chatham Nurseries, Inc., Petitioner (13-004852-ZA), requesting to rezone 6413 Waters Avenue from R-6 (Single Family Residential - 6 units per net acre) to PUD- IS-B (Planned Unit Development Institutional). A special use request to establish a plant sales establishment with outdoor sales is proposed in conjunction with the rezoning. The Metropolitan Planning Commission (MPC) recommends approval of the request to rezone the property to PUD-IS-B. The recommendation for approval is to be in conjunction with approval of the special use request to establish the plant sales use and approval of a general development plan. If the special use is not approved, the PUD-IS-B district is still recommended for approval with a maximum density of 12 residential units per net acre. With limited uses, the PUD-IS-B district is the most compatible non-residential district for the subject property. Other uses permitted by the district, including medical and general offices, cultural facilities and townhome/row houses would not be out of character or incompatible with the existing uses within the area provided that 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 appropriate development standards are in place. The PUD-IS-B district does not include minimum lot area or lot width requirements, or maximum building height and building coverage standards, but they could be addressed at the time of site development plan submittal if the property is rezoned to PUD-IS-B. The City Manager recommended continuing to January 9, 2014 for the usage list to be provided to Council for PUD and B-N districts. Upon motion of Alderman Sprague, seconded by Alderman Thomas and unanimously the City Manager’s recommendation was approved. Metropolitan Planning Commission (13-005244-ZA), recommending to change the future land use category of the property identified as 2, 4, 6, 8, 10, 12, 14 and 16 Victory Manor Place from Suburban Single-Family Residential to Suburban-Commercial. The Suburban Single-Family Residential land use designation is based on the continuation of the subject properties on Victory Manor Place remaining as viable single family residences. However, all of the subject properties have been purchased by the owner of the adjacent retail shopping center. The desire of the new owner of these properties is to incorporate this area into the retail center to accommodate a proposed expansion. The proposed expanded development, if developed in concert with reasonable development standards, can be implemented without adversely impacting the remaining single family properties more so than the existing development. The redevelopment of these properties would also continue to enhance the vibrant commercial development recently enjoyed in this area, which also provides needed jobs and provides goods and services to the nearby residential neighborhoods. Mayor Jackson stated it has been recommended that Council move forward with the items rather than continuing as previously requested. She asked Mr. Lotson, MPC to give a brief description of what is being recommended. He stated the petitioner is requesting the properties be rezoned and that the Future Land Use Map be changed to accommodate the change. Mayor Jackson asked if there was anyone present that wanted to speak for or against the change. Mr. Green of 10 Palm Avenue came to speak against the change. He stated the petitioner is proposing to place a cutaway on the small street to enter into the shopping center area. The street is small and it would allow other traffic to enter into Victory Manor. He listened to the presentation given to the Metropolitan Planning Commission and he believes it would be a disservice to the neighborhood. Alderman Sprague asked Mr. Green if he was representing himself or the entire neighborhood. Mr. Green replied he was representing himself, but he lives in the neighborhood two blocks away. Alderman Osborne asked Mr. Green if he owns property on Victory Manor and he replied he lives there. Alderman Osborne asked for clarification stating she thought he stated he lived on Palm Avenue. Mr. Green stated he does live on Palm Avenue which is in Victory Manor. Alderman Osborne stated she was referring to Victory Manor Drive. Alderman Bell asked approximately how many residents live on the street. Mr. Green responded about twenty. Attorney Harold Yellin, representing Morley Investment Group stated Mr. Kevin Finley, Manager of Morley Investment Group which is the owner of Victory Crossing Shopping Center and Adam Ragsdale, Project Engineer were present with him today. Mr. Yellin gave some background on the petition stating prior to the meeting they went before the Metropolitan Planning Commission to request three things 1.) Rezoning of the property along Victory Manor Drive (8 lots owned by Morley Investment Group); 2.) Approval of the general development 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 plan; and 3.) Approval of the Future Land Use Map (FLUM). The MPC approved the rezoning and approval of the amendment for the FLUM. MPC wants the petitioner to come back in January because they did not want to put a great deal of time into the general development plan until the rezoning was approved by Council. Attorney Yellin stated the policy analysis made by MPC stated, “The desire of the new owner of these properties is to incorporate this area into the retail center to accommodate a proposed expansion. The proposed expanded development, if developed in concert with reasonable development standards, can be implemented without adversely impacting the remaining single family properties more so than the existing development. The redevelopment of these properties would also continue to enhance the vibrant commercial development recently enjoyed in this area, which also provides needed jobs and provides goods and services to the nearby residential neighborhoods.” Mr. Yellin provided Council with a handout for illustrative purposes only to describe what the general plan would look like, which included aerial maps, zoning map, FLUM and a proposed general plan which shows traffic and vehicular circulation and photographs of the properties already owned. Numerous meetings have been held with the neighbors and every effort has been made to earn the trust of them and MPC. Alderman Sprague asked will this be Council’s only opportunity to see this plan. Attorney Yellin replied yes as is true with all general plans. Alderman Sprague asked with the zoning changes being recommended what type of height allocation is allowed, how many floors it would be and is there any type of buffering required in terms of distance from the road. Attorney Yellin responded he and Mr. Lotson believe its 35 feet, which equates to 3 stories and what was shown to Council today includes a 6 foot privacy fence, on top of a retaining wall which will be 4 to 5 feet high. He also stated it may not be clear presently but if there are parts of the City’s right of way, the petitioner’s property would be used. The goal is to make the area look better than it presently looks. Alderman Sprague referred to Mr. Ragsdale and asked how many stories the new development will be. Mr. Ragsdale responded specifically with regard to height the existing structures will be renovated. The exact height is unknown at the moment but should be similar in size and mass as the other buildings. As for height for the adjacent properties the development will be 6 feet lower than the adjoining properties and in the south 5 feet lower, as much of the development will be shielded as possible and the right of way will be enhanced. In addition, Morley Investment Group has spoken to Park and Tree to enter into an agreement to enhance the vegetation and maintain the right of way. Alderman Sprague asked in terms of entering and exiting into the development will there be a back entrance or will access be primarily from Victory Drive? Mr. Ragsdale referred to the site plan submitted to Council and stated Victory Manor Place is a relatively unimproved right of way in a poor state of repair. Morley Investment Group intends to improve the right of way to the proposed curb cut which is on the west side of the property which is at the signalized intersection. Alderman Sprague stated her concern is trucks going into the neighborhood to make deliveries. Mr. Ragsdale replied they are doing a couple things to mitigate that possibility such as improving the right of way to their curb cut, enhance the streetscape, and add a sidewalk to the west side which will ultimately improve that side of the street for the residents. Alderman Sprague asked how they plan to deal with the drainage issues. Mr. Ragsdale stated the east side of the property has been improved with the proper detention facility and stormwater is being controlled in a safer and more improved way. Stormwater will be routed through pipes or inlets toward the canal. Alderman Sprague asked will a retention pond be installed or will the present one be expanded. Mr. Ragsdale replied there is a retention pond on the eastside of the property against the canal right of way. 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Alderman Osborne stated this property is located in her District and she has had several meetings with the owners, she’s spoken with some of the residents and as previously stated by Attorney Yelling everyone will not always agree with what goes on. She believes the company has done a very responsible thing by buying out the properties at a higher rate than normal to illuminate that problem for the residents where it would have been more intrusive. In reference to the turning lanes she can’t describe it any better than Attorney Yellin, she suggested in the new site plan possibly plant buffer trees to respect the rights of the property owners. She ended by stating she supports the development. Alderman Hall stated he is very familiar with the site. He stated he is all for keeping neighborhoods together and maintain the integrity. However, he sees no reason why this project should not go forward. He believes this would be a vast improvement over the current conditions. As for Victory Manor Drive it is not necessary to use it to access the development. Alderman Shabazz asked Mr. Ragsdale for clarification, stating presently there is a Baldino’s in the shopping center on the corner, is the proposal to expand the property and have more retail stores in the location. Mr. Ragsdale responded, yes the petitioner has purchased all of the adjacent residential lots and is intending to incorporate them into the development. From a general development plan perspective if Council looks at the drawing the large boxes in the back is a reconfiguration of the Penny Saver building present today. Verizon and I-Hop will not change; the Baldino’s strip center will be raised (demolished) and a new pod of buildings will replace it. Alderman Shabazz stated her concern is having heard from Alderman Osborne who met with the constituents and the resident who came before Council, what will happen to the west side of Victory Manor that is in front of the shopping center. Mr. Ragsdale replied the developer will improve the roadway to City standards, there will be three lanes configured, curb and gutter, sidewalks and all driveways will be improved on both sides. Alderman Shabazz asked is the existing lane that goes behind the property currently being used, or will it be a paved driveway leading to the property. Mr. Ragsdale replied it is in use now and the Penny Saver is an active operation that has traffic coming in daily to the property. It will be an improved impervious lane which will be well maintained. Alderman Shabazz asked Mike Weiner, Traffic Engineer to come forward and asked him in reference to the south side of Victory Manor is there a great deal of “go thru” traffic accessing Dixie Street next to Zoe’s on the corner to get to Bee Road. Mr. Weiner replied he is not aware of an increase in traffic of a great amount. There is connectivity to Bee Road but no calls have been received from the residents in the area in reference to any concerns. Alderman Shabazz stated her purpose for asking was for the benefit of the resident that spoke, more than likely the vehicles that come through the area are typically going to the strip mall for a purpose rather than using them as a go thru to get to another area. Mr. Weiner stated he would like to bring to everyone’s attention that the access to the shopping center is on Victory Manor because of safety. Alderman Shabazz thanked Mr. Weiner and stated she agrees with Alderman Osborne and her decision. Alderman Sprague stated when Whole Foods opened she received complaints from the residents in the area stating trucks were coming into the neighborhood instead of going down Victory Drive. She feels it needs to be understood that Victory Drive should be used and not the residential area to get to the places. Mr. Ragsdale replied when looking at the aerial map of the neighborhood and the aerial map south of Victory Drive its two different things. He continued stating being a former resident of Ardsley Park and a frequenter of Home Depot many times he 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 would take Washington Avenue, come up Bee Road and turn right into Salvation Army because it was faster and he could avoid all the lights but it is only one right and one curb. If one were to utilize Victory Manor Place they would possibly get lost because there is nowhere to go. Alderman Osborne referred to Mr. Weiner and stated is she heard him correctly he stated this is a very safe change, regardless of the direction being travelled. Mr. Weiner replied, yes. Mayor Jackson asked if there was anyone else to speak for or against the changes. Mr. Steve Cowart came forward stating he owns 3 and 5 Victory Manor and feels it would impact the neighborhood. He believes when sidewalks are put on the residential side it will allow people passing by to throw trash on the ground as they are passing through. Mr. Cowart continued stating he understands several meetings were held however, he was only invited to one meeting which was held making him feel as if he doesn’t count. He has been in the neighborhood for 30 years and feels if the development company doesn’t want to have an impact on the neighborhood they should not have an entrance on Victory Manor to the shopping center. He feels the properties were acquired under false pretenses, he contacted the inspections department, and MPC when the developer began the process of demolishing houses without a permit being posted. After he made the calls the permit was then posted. He feels the residents on the east side of Victory Manor were eliminated because they were renting properties and had no voice in the matter. Mr. Cowart stated what bothers him is where the entrance will be located which happens to be in front of his home. He believes Victory Manor will be utilized when consumers are unable to get onto Victory Drive from the shopping center. He posed a question when he attended the meeting at MPC which was why not buy all properties on Victory Manor, place a cul-de-sac at the end and close off 41st Street. He feels it makes a difference, his renters have been complaining and he couldn’t give them an answer because when he contacted MPC they didn’t give him any answers, as a property owner he wasn’t informed and feels the process was done underhandedly. Mayor Jackson stated the policy states the residents in the area are to be notified when meetings are being held. She asked were the residents notified and how were they notified. Mr. Lotson responded there were a number of mail outs that went out associated with the rezoning request from the petitioner and the public meetings that were held. The purchase and subsequent demolition of the properties adjacent to the petitioner’s properties was not handled through MPC in terms of the demolition and purchase of those homes so they were unaware until it happened. Mayor Jackson asked who was responsible for notifying the residents regarding the meetings held. City Manager Cutter replied the Citizen’s Office was engaged in coordinating the meetings and Susan Broker, was present and could expound on the issue. Mayor Jackson asked Susan broker to come forward. Marian Smith came forward first stating she was the realtor for the shopping center owners. Ms. Smith informed Council that she did reach out to the residents in the area and had information that she could give to Council in regards to the efforts made. Mayor Jackson stated her reasoning for asking is because she doesn’t want resident’s coming forward stating they were not informed and things were done underhandedly when she knows there are procedures that should be used to ensure the residents are contacted and receive the proper information. Susan Broker stated this is a private development and normally until site plans are established the Citizen’s Office doesn’t get involved however, in this case the developer reached out to the office and asked for assistance negotiating and speaking with the residents which was done at the last meeting at MPC. The process of notification was handled through the developer and she must say they took a proactive step by 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 reaching out to the Citizen’s office without it being a requirement. In reference to Mr. Cowart’s concerns they can’t really be addressed until they get to a site plan development phase. The Citizen’s office was able to meet with some of the residents and give them some reassurance that the City of Savannah will work with the developer if this moves forward and will continue to keep them informed and will at that point engage in their procedure of notification. Mayor Jackson thanked Ms. Broker. Alderman Bordeaux stated he feels since Council was given a handout it would be helpful since the meeting is being televised if the public was informed of what it was in reference to. Ms. Smith came back forward and stated since there was not an organized Neighborhood Association or group in the area, research was conducted in SAGIS to identify who the property owners were, the handout shows the residents identified that were most impacted whether investor owned or occupied which is relevant for the purpose of finding out if the notifications needed to be mailed or if they could be hand delivered. Research was also conducted to acquire phone numbers in an attempt to make phone calls. A copy of an apology email to Mr. Cowart was also included in the packet along with an email notification. MPC was contacted to inquire who called them requesting information and subsequent calls were made to those individuals. In addition, notices were hand delivered to individuals in reference to the proposed changes with the sidewalk. Three meetings were held one on November 1st, another on November 14th and the last on December 17th. Ms. Smith stated they also reached out to the Citizen’s office for them to help facilitate the final meeting so they could be aware of some of the concerns of the residents. Mr. Cowart thanked Mayor Jackson and Council for listening to his concerns and stated he hopes they make the right decision. He understands there will be a buffer put up but it will be placed on the opposite side of the street from their property. He stated he understands the process because he is also a property owner but feels the company should utilize all of the property they own and not take advantage of the residents in the neighborhood. Alderman Shabazz asked Attorney Yellin and Mr. Ragsdale to come forward she asked for clarification in reference to what will be done in the neighborhood. Mr. Ragsdale responded the on the east side of the right of way on the developers property there will be a wall and 6 foot tall gated fence, masonry columns, wood spans and vegetation will be planted to the west of the wall hence enhancing the right of way as much as possible which has been agreed upon by Park and Tree and Streets Maintenance. Alderman Shabazz asked will there be a sidewalk. Mr. Ragsdale replied there will not be a sidewalk on the east side however it will be added to the west side of the roadway. Mr. Ragsdale stated the sidewalk can go on whichever side of the street the City of Savannah prefers in the planning perspective the sidewalk was placed on the side with the houses, they are willing to compromise and place it on whichever side is deemed best for the neighborhood. Alderman Sprague asked from an expert perspective in general will the sidewalks, curb and gutters enhance the value of homes in the neighborhood. Mr. Ragsdale replied, yes. Mayor Jackson stated Mr. Ragsdale said the sidewalks can go on either side of the street, since Mr. Cowart is opposed to the sidewalk going in front of his home she suggested Mr. Ragsdale talk with Mr. Cowart to come to some type of agreement one way or the other. 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Mr. Kenneth Keinker who resides at 13 Victory Manor Place stated he has been living in the neighborhood all his life. He feels this is the most devastating experience he has ever experienced. He believes the developers have good intentions however, the noise is causing him pain. He believes this is the death of the neighborhood and has no say in the matter. Mr. John Miller who resides at 1318 38th Street came forward speaking as a citizen at large. Mr. Miller stated he has friends that live in the area and is in favor of the changes. He feels it will bring money to a neighborhood that is deplorable, low income, crime ridden and rundown. He stated he understand this is Phase 1 of the process and the entire area will be phased out within the next decade. He thinks it’s unfortunate for the residents and has sympathy for them. He applauded the development company for the work done thus far. Mayor Jackson stated the residents in the neighborhood will be respected; there are renters and homeowners in the area. The purpose of development is for revitalization not for the purpose of tearing them down. She doesn’t want citizens to get the assumption that the City of Savannah is interested in destroying neighborhoods. She is interested in commercial revitalization and residents working hand in hand with the process. In addition she doesn’t want a mixed message to be sent that the City of Savannah feels it is a bad neighborhood and want to displace people however, Council does want progress and groups able to work together. Ms. Jacqueline Smith who resides at 7 Victory Manor Place came forward stating she has been a resident in the neighborhood all her life. She stated the changes to the neighborhood will greatly affect her because she works from home for a care management company. She was informed this would take a lot longer than she would like and her biggest concern is her employment. The proposed site for the opening comes directly into her front door. On a daily basis around 5:00 p.m. cars are backed up at least 8 car lengths because of the traffic light which reaches her home. She is not opposed to change and understands it has to affect someone but it is affecting the residents more than the developers. There is currently a business open 24 hours a day and at 2:00 a.m. for example you can hear the traffic, horns blowing and people conversing, she is unsure if a buffer can contain all of which is presently occurring. Ms. Smith stated some of her concerns are the backed up traffic, throughout the day and into the evening, limited parking, traffic on Victory Drive has always been long because it is the only access to the Islands, now that Whole Foods is in the neighborhood the traffic has increased. People are currently cutting through the neighborhoods because they don’t want to wait on Victory Drive which is impacting the neighborhood she sees this firsthand. She is also concerned about the dumpsters and debris, and the impact it will have on her getting in and out of her driveway, she stated she appreciates a visionary but feels she was left out of the vision. Ms. Smith stated there are children that ride the school bus in the area, that stand on the corner to be picked up and dropped off, and questioned the safety of them. She stated one of her neighbors that recently had to move received a letter signed by Ms. Marian Smith which seemed intimidating in character suggesting if she didn’t accept the offer she would possibly receive a lesser amount. She feels that was unethical, she understands the developers have invested their money into the project and she doesn’t have issues with them making changes on their side but feels the neighborhood should be left intact. Mr. Solomon Dillon who resides at 15 Victory Manor Place on the corner of 41st Street and Victory Manor Place stated he loves his home and doesn’t want to move. The improvements to the neighborhood are needed and welcomed but the street is currently 16.5 feet wide a difference of 4-5 feet in elevation from the existing properties in the shopping center and his property. Mr. 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Dillon’s concerns are how the changes will impact the neighborhood. He stated if the street is closed off there will be no access to his home, he is a retired full time student at Savannah State University and the changes made thus far have heavily impacted him. He has also witnessed people cutting through the neighborhoods to avoid traffic, additionally, witnessed children almost getting hit by the cars on Victory Drive after being dropped off by the bus. Mr. Dillon ended by saying changes cause conflict if not adjusted to and asked Council to please protect the neighborhood. Mr. Ragsdale responded to Mr. Dillon’s stating his concerns are very valid, 100% of the roadway widening is coming from the east side which is the petitioners side not the residential side, he also stated there is no left movement at the light but will be added. Mayor Jackson thanked Mr. Ragsdale for responding and understands this has taken a great deal of time but she feels everyone should be heard so a happy resolve can be agreed upon. Alderman Sprague stated it seems like the biggest concern of the residents is the increase in traffic in the area, not about the rezoning. She stated it seems like there is a plenty of space and the better thing to do would be instead of putting a three lane road in front of the neighborhood possibly putting a wall and frontage road into the establishment so they are not affected. Attorney Yellin stated a frontage road into the establishment would not be safe, the process has been looked at very carefully. He also stated he doesn’t want the residents to think they are not being heard and their suggestions aren’t being taken into consideration because they are. He asked Susan Broker to assist with the coordination and planning of future meetings when he and the developers go back to MPC in an attempt to keep the residents informed because the tough part which is the site plan is coming. Alderman Sprague stated the buffer is going to be the most important piece of the plan along with speed calming devices so the residents can keep their neighborhoods the way they are. Upon motion of Alderman Osborne, seconded by Alderman Hall and unanimously carried the City Manager’s recommendation was approved. Ordinance to cover will be drawn up for presentation at the next meeting of Council. Harold Yellin, Agent for Morley Investment Group, LLC, Petitioner (13-005244-ZA), requesting to rezone 2, 4, 6, 8, 10, 12, 14 and 16 Victory Manor Place from R-6 (Single Family Residential) to B-H (Highway Business). MPC recommends approval. The subject site is identified as Suburban Single- Family Residential. The requested zoning map amendment would not be consistent with the Tricentennial Comprehensive Plan Future Land Use Map. The land use designation is based on the continuation of the subject properties on Victory Manor Place remaining as viable single family residences. However, all of the subject properties have been purchased by the owner of the adjacent retail shopping center. The desire of the new owner of these properties is to incorporate this area into the retail center to accommodate a proposed expansion. The proposed expanded development, if developed in concert with reasonable development standards, can be implemented without adversely impacting the remaining single family properties more so than the existing development. The redevelopment of these properties would also continue to enhance the vibrant commercial development recently enjoyed in this area, which also provides needed jobs and provides goods and services to the nearby residential 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 neighborhoods. Upon motion of Alderman Osborne, seconded by Alderman Hall and unanimously carried the City Manager’s recommendation was approved. Ordinance to cover will be drawn up for presentation at the next meeting of Council. PETITIONS Upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried, the following petitions were approved per the City Manager’s recommendations. Donnie Rushing of Coastal Canvas, representing Staybridge Suites and NF-II Savannah LLC (Property Owner) – Petition 120819, requesting that the City allow encroachment within the Lincoln Street right-of-way for the installation of a metal canopy over the sidewalk. The subject property is located at 301 E. Bay Street; more specifically on the south side of Bay at the Lincoln Street intersection. The canopy as designed will project from the building façade 7’-4”, and will provide 13’-4” of vertical clearance above the sidewalk. The metal canopy will replace an existing canvas awning installed above the main entrance to the lobby off of Lincoln Street. This request has been reviewed by Public Works and Water Resources, Development Services, Sanitation, and Fire and Emergency Services with no objections offered; however approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the encroachment. The City will be held harmless for maintenance and liability of the proposed canopy. Recommend approval to allow encroachment within the Lincoln Street right-of-way for the installation of a metal canopy above the sidewalk as requested by Donnie Rushing through Petition 120819, subject to the conditions stated above. The property owner should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroaching item must be removed at the petitioner or property owner’s expense upon request of the City. Recommend approval. Minnie Poole of Coastal Canvas, representing David Tonroe of B&D Burgers (Tenant/Business Owner) and Will Ghriskey and John Adler (Property Owners) – Petition 120852, requesting that the City allow encroachment within the E. Broughton Street right-of-way for the installation of an awning. The subject property is addressed as 13 E. Broughton Street; more specifically, on the south side of Broughton between Bull and Drayton Streets. An existing awning currently located on the building will be removed and replaced with the new awning, designed as 24’-10 ½” wide x 2’-11” high, and projecting 6’-0” from the building façade. The awning will provide 8’-0” of vertical clearance from the sidewalk. It will extend the length of the building frontage. This request has been reviewed by Public Works and Water Resources, Development Services, and Park and Tree with no objections offered; however approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the encroachment. The City will be held harmless for maintenance and liability of the proposed awning. 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Recommend approval to allow encroachment within the Broughton Street right-of-way for the installation of an awning as requested by Minnie Poole through Petition 120852, subject to the conditions stated above. The property owner should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroaching item must be removed at the petitioner or property owner’s expense upon request of the City. Recommend approval. Mayor Jackson stated she neglected to announce at the start of the meeting that Mayor Pro-Tem Johnson was unable to attend Council meeting today and wished everyone a Merry Christmas and Happy New Year. ORDINANCES First and Second Readings Ordinance read for the first time in Council December 23, 2013, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried. AN ORDINANCE TO AMEND THE SAVANNAH ZONING ORDINANCE - SECTION 8 -3028 (C) (1), (2), (3), (4), (5), AND (6) TO PROVIDE FOR CALCULATING THE MAXIMUM PERMITTED DENSITY BASED ON GROSS ACREAGE INSTEAD OF NET ACREAGE. AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO AMEND SECTION 8-3028(c)(1)(2)(3)(4) (5) and (6) PERTAINING TO DEVELOPMENT STANDARDS FOR DISTRICTS WITHIN THE VICTORIAN P-N-C DISTRICT -LAND USE DISTRICTS; 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: That Section 8-3028(c)(1)(2)(3)(4)(5) and (6) of the Code of the City of Savannah Georgia (2003), hereinafter referenced as “Code”, be amended as follows: REPEAL Section 8-3028(c)(1)(2)(3)(4)(5) and (6) in its entirety. 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 ENACT Section 8-3028 (c) Land use districts. Within the Victorian P-N-C (Planned Neighborhood Conservation) district, the following land use districts are created and designated on the zoning map for the Victorian P-N-C district: (1) 1-B district. The 1-B district permits neighborhood convenience uses and mixed residential uses. The 1-B district permits a density range of between 35 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.). (2) 2-B district. The 2-B district permits community business uses and mixed residential uses. The 2-B district permits a density range of between 25 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.). (3) 3-B district. The 3-B district permits limited heavy commercial uses and mixed residential uses. Specific commercial uses permitted in these respective “B” districts are listed in the schedule of permitted uses. The 3-B district permits a density range of between 25 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.). (4) 1-R district. The 1-R district permits a density range of between 25 and 43 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (5) 2-R district. The 2-R district permits a density range of between 30 and 50 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (6) 3-R district. The 3-R district permits a density range of between 35 and 60 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. 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 News Press on the 25th day of November, 2013, a copy of said notice being attached hereto and made a part hereof. 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: December 23, 2013. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND SECTION 8-3028(c) PERTAINING TO LAND USE DISTRICTS IN THE VICTORIAN PLANNED NEIGHBORHOOD COSERVATION DISTRICT; 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: That Section 8-3028(c) of the Code of the City of Savannah, Georgia (2003), hereinafter referenced as "Code", be amended as follows: REPEAL Section 8-3028 (c) Land use districts. Within the Victorian P-N-C (Planned Neighborhood Conservation) district the following land use districts are created and designated on the zoning map for the Victorian P-N-C district: (1) 1-B district. The 1-B district permits neighborhood convenience uses and mixed residential uses. (2) 2-B district. The 2-B district permits community business uses and mixed residential uses. (3) 3-B district. The 3-B district permits limited heavy commercial uses and mixed residential uses. Specific commercial uses permitted in these respective “B” districts are listed in the schedule of permitted uses. (4) 1-R district. The 1-R district permits a density range of between 25 and 43 dwelling units per net acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (5) 2-R district. The 2-R district permits a density range of between 30 and 50 dwelling units per net acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (6) 3-R district. The 3-R district permits a density range of between 35 and 60 dwelling units per net acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 ENACT Section 8-3028 (c) Land use districts. Within the Victorian P-N-C (Planned Neighborhood Conservation) district, the following land use districts are created and designated on the zoning map for the Victorian P- N-C district: (7) 1-B district. The 1-B district permits neighborhood convenience uses and mixed residential uses. The 1-B district permits a density range of between 35 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.). (8) 2-B district. The 2-B district permits community business uses and mixed residential uses. The 2-B district permits a density range of between 25 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.). (9) 3-B district. The 3-B district permits limited heavy commercial uses and mixed residential uses. Specific commercial uses permitted in these respective “B” districts are listed in the schedule of permitted uses. The 3-B district permits a density range of between 25 and 43 dwelling units per gross acre of land, based on the type of dwelling unit (efficiency unit, one-bedroom unit, two-bedroom unit, etc.). (10) 1-R district. The 1-R district permits a density range of between 25 and 43 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (11) 2-R district. The 2-R district permits a density range of between 30 and 50 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. (12) 3-R district. The 3-R district permits a density range of between 35 and 60 dwelling units per gross acre of residential land, based on the type of dwelling unit (efficiency unit, one- bedroom unit, two-bedroom unit, etc.), plus a limited number of non-residential uses considered appropriate for the district. 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 News Press on the 25th day of November, 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: December 23, 2013. MISCELLANEOUS 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Settlement with Memorial Medical Center. Recommend authorization of a settlement in the amount of $300,000 in full accord and satisfaction of the claims which are the subject of the litigation between Memorial Medical Center and the City of Savannah which is currently pending. The settlement is for services rendered to offenders transported to Memorial by the Savannah-Chatham Metropolitan Police Department. Recommend approval. Upon motion of Alderman Thomas, seconded by Alderman Hall and unanimously carried the City Manager’s recommendation was approved. RESOLUTION 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 9th day of December, 2013 the Council entered into a closed session for the purpose of discussing personnel and 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; 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. RESOLUTION 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 23rd day of December, 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; 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. 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Thomas, seconded by Alderman Hall and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: Brake Parts – Annual Contract – Event No. 1825. Recommend approval to award an annual contract for brake parts from Fleetpride in the amount of $25,994.40. The brake parts will be used by Vehicle Maintenance to make repairs to City of Savannah vehicles. Bids were received November 26, 2013. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Fleetpride (D) $ 25,994.40 TPH Acquisition, LLC (D) $ 28,695.86 Funds are available in the 2013-2014 Budget, Internal Service Fund/Inventory/Vehicle Parts (Account No. 611-0000-11325). A Pre-Bid Conference was conducted and one vendor attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Hydraulic Hose Components – Annual Contract – Event No. 1826. Recommend approval to award an annual contract for hydraulic hose components to Savannah Driveline & Hydraulic in the amount of $57,000.00. The hydraulic hose components will be used by Vehicle Maintenance to make repairs to City of Savannah vehicles. Bids were received November 26, 2013. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Savannah Driveline & Hydraulic (B) $ 57,000.00 Tractor & Equipment (D) Partial Bid $ 21,000.00 Funds are available in the 2013-2014 Budget, Internal Service Fund/Inventory/Vehicle Parts (Account No. 611-0000-11325). A Pre-Bid conference was conducted and two vendors attended. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. Recommend approval. Barricades, Lights and Safety Equipment – Annual Contract – Event No. 1850. Recommend approval to award an annual contract for barricades, lights, and safety equipment from Lightle Enterprises of Ohio in the amount of $39,039.50. The barricades, lights, and safety equipment will be used by various departments to warn employees and citizens of potential hazards and to control both automobile and pedestrian traffic. Bids were received December 3, 2013. The bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Lightle Enterprises of Ohio (F) $ 39,039.50 Transafe, Inc. (D) $ 39,630.50 Garden State Highway Products (D) $ 46,344.50 Safety Zone Specialists, Inc. (D) $ 48,023.00 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Protection Services, Inc. (D) $ 53,123.50 Funds are available in the 2013-2014 Budget, Traffic Engineering/Construction Supplies & Materials (Account No.101-2103-51340). A Pre-Bid Conference was conducted and no vendors attended. (D)Indicates non-local, non-minority owned business. (F)Indicates non-local, woman owned business. Recommend approval. Medical Fitness Examination, Testing and Evaluation Services – Annual Contract Renewal – Event No. 1899. Recommend renewing an annual contract for medical fitness examination, testing and evaluation services to St. Joseph's/Candler Health System, Inc. in the amount of $166,656.00. The services will be used by Savannah Fire and Emergency Services to provide annual health/fitness evaluations required for certification of uniformed employees. The contract also provides initial candidate evaluations, hazmat exposure assessments, counseling and referrals for work related injury and illnesses for department personnel. While almost 200 bidders were notified of the original solicitation, only one bidder chose to respond. This is the second of four renewal options available. The bid was originally received September 27, 2011. This bid was advertised, opened and reviewed. Delivery: As Required. Terms: Net-30 Days. The bidder was: L.B. St. Joseph’s/Candler Health Systems (B) $ 166,656.00 Funds are available in the 2013-2014 Budget, General Fund/Fire Administration/Medical Costs (Account No. 101-5101-51290). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. Recommend approval. Ground Maintenance for Parks and Medians – Annual Contract Renewal – Event No. 1901 . Recommend approval to renew an annual contract for grounds maintenance services from Chase Landscaping in the amount of $30,780.00. This contract will be used by Park and Tree to maintain Floyd Adams and West Bay Parks, and White Bluff and Middleground medians. This is the first of two renewal options available. Proposals were originally received January 10, 2012. This proposal was advertised, opened and reviewed. Delivery: Bi-Weekly. Terms: Net 30 Days. The proposer was: B.P. Chase Landscaping (D) $ 30,780.00 Complete Lawn Care (C) $ 31,080.00 Dean Forest Nursery Inc. (F) $ 31,725.00 The Greenery Inc. (B) $ 36,385.00 DLG Contractors, LLC (D) $ 40,635.00 Premier Landscape Management (D) $ 48,195.00 All in One Services (A) $ 61,700.00 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Funds are available in the 2013 - 2014 Budget, General Fund/Park and Tree Department/Other Contractual Service (Account No.101-6122-51295). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Manhole Rings and Covers – Annual Contract Renewal – Event No. 1902. Recommend renewing an annual contract to procure manhole rings and covers from HD Supply Waterworks in the amount of $8,555.04 and to Ferguson Waterworks in the amount of $115,168.00 for a grand total of $123,723.04. The rings and covers will be used by Sewer Conveyance and Water Distribution as replacements on water and sewer lines. This is the second of three renewal options available. Bids were originally received on August 30, 2011. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. HD Supply Waterworks (D) $ 8,555.04 L.B. Ferguson Waterworks (D) $ 115,168.00 Neenah Foundry (D) $ 132,452.00 Vellano Bros. (D) $ 155,811.00 Funds are available in the 2013-2014 Budget, Water & Sewer Operating Fund/Sewer Maintenance/Construction Supplies & Materials (Account No. 521-2551-51340) and Central Warehouse Inventory (Account No. 611-0000-11330). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Kayton Spill Clean Up – Contract Modification No 19 – Event No. 1919. Recommend approval of Contract Modification No.19 to S & ME, Inc. in the amount of $7,304.21. S & ME was contracted as the City's consultant for the Kayton Canal spill clean-up project in 2006 following a fuel spill in the Kayton Canal in October, 2005. The original agreement was for engineering services for the evaluation and establishment of plans for containment of a fuel spill for all stormwater management locations with fuel tanks. The agreement was originally approved by the City Manager per standard procedure, and was a sole source because the vendor had extensive knowledge of the work to be completed under the Environmental Protection Department's (EPD) consent order. All subsequent modifications to this agreement received City Manager approval as was standard procedure at that time. All contract modifications of any dollar value are now approved by Council. The modification is required because S & ME has requested to complete project close-out activities. The City received a letter dated November 24, 2013, in which EPD approved a request for a "no further action status" by S & ME. The work provided under this modification includes the removal and sealing of all monitoring wells, along with preparation of the certified report of completion of well closures to be furnished to EPD as required by the CAP-B. According to the "no further action" status, this will be the final work performed on the long-standing project. 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 The original agreement amount was for $3,822.00. To date, the total for all modifications for this agreement is $170,044.70. This modification will increase the total to $181,170.91. Recommend approval of Contract Modification No.19 to S & ME, Inc. in the amount of $7,304.21. Funds are available in the 2013 Budget, Capital Improvements Projects/Other Costs/Kayton Spill Clean Up (Account No. 311-9207-52842-DR0130). Recommend approval. Natural Gas – Firm Accounts – Annual Contract – Event No. 1760. Recommend approval to award an annual contract for natural gas for firm accounts from Coweta-Fayette EMC Natural Gas in the amount of $142,001.76. The services are needed to furnish natural gas to 56 meters at various City-owned or operated facilities. The contractor will provide the City’s total firm natural gas requirements based on the market-driven New York Mercantile Exchange (NYMEX) price. The formula for payment is the NYMEX price per therm plus Atlanta Gas Light Company’s base charge, plus a customer service charge per meter. A second bid was received but considered non-responsive because the bidder did not submit required documentation that met the City’s pricing formula requirements. This bid could not be compared to the recommended bidder which was priced correctly. Bids were received November 5, 2013. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidder was: L.B. Coweta-Fayette EMC Natural Gas (D) $ 142,001.76 Funds are available in the 2013-2014 Budget, Various Funds/Various Departments/Natural Gas (Account No. 51206). (D)Indicates non-local, non-minority owned business. Recommend approval. Critical Facilities Agreement Amendment 3 – Extend Time for Bridge Replacement on Little Neck Road. On July 6, 2006, the City approved a Critical Facilities Agreement (water and sewer agreement) with International Paper Realty Corporation (IPRC) for the New Hampstead Development. On September 28, 2007, the City approved an amendment agreeing to participate in the replacement of a bridge on Little Neck Road. Most of the New Hampstead Development drains under this bridge and the bridge obstructs flow in the larger storm events. Replacing the bridge will greatly decrease the size of the FEMA floodplain. On February 1, 2011 the City approved a second amendment which delayed the construction of the bridge until December 31, 2013. This third amendment was requested by Figure 8, LLC, the successor to IPRC, to change the completion date of the bridge construction from December 31, 2013 to December 31, 2017. Although New Hampstead High School has been completed and is now open, residential development in the New Hampstead area has not yet occurred making the bridge replacement unnecessary at this time. City staff has reviewed the request and recommends approval of the amendment to extend the time for the bridge replacement. Recommend approval. Water and Sewer Agreement – Embassy Suites Parking Garage. Oglethorpe Associates III, LLC has requested a water and sewer agreement for Embassy Suites Parking Garage. The water and sewer systems have adequate capacity to serve this 1.67-equivalent residential unit 19  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 development located on Papy Street. The agreement is consistent with policy directives given by the Mayor and Aldermen and has been reviewed and approved by the City Attorney for legal format. Recommend approval. Feiler Park Walking Trail and Playground – Event No. 1715. Recommend approval to procure construction services from E & D Contracting Services, Inc. in the amount of $47,131.80. The construction services will be used by Development Services to construct a walking trail at Feiler Park. The project includes all materials and labor to construct a walking trail and related services including landscaping, grading, erosion control, a gravel parking lot and an ADA parking lot. This work also includes site preparation for a playground. Playground equipment and site furnishings will be purchased separately. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. E & D Contracting Services, Inc. (E) $ 47,131.80 Clifton Construction, Inc. (E) $ 49,890.00 Arentz General Contracting, Inc. (B) $ 52,566.00 Superior Excavation Contractor (F) $ 55,080.00 Savannah Paving (D) $ 56,342.00 Funds are available in the 2013 Budget, Community Development Fund - No Department/CDBG 2013 COM PLG PROJ/Feiler Park Renovation CDBG 2013 (Account No. 221-0000-21623-CG0334). A Pre-Bid Conference was conducted and three vendors attended. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. (E)Indicates local, woman owned business. (F)Indicates non-local, woman owned business. (Deferred from December 12, 2013.) Recommend approval. Alderman Shabazz thanked the City Manager and staff for moving the project forward and stated the residents are happy as well. Upon motion of Alderman Shabazz, seconded by Alderman Bell and unanimously carried the City Manager’s recommendation was approved. Baldwin Park Drainage Improvements – Event No. 1743. Recommend approval to award a construction contract to The Industrial Company in the amount of $3,531,069.00. The project includes installation of approximately 3600 linear feet of storm main along Atlantic Avenue at the north half of Baldwin Park to 40th Street and ending on Live Oak. It also includes the replacement of approximately 360 linear feet of 16” water main on Atlantic Avenue along the project route. Work will include the repair, replacement or restoration of curb and gutter, concrete sidewalks, driveways when needed and handicap ramps at street corners. This project is designed to prevent structural flooding for up to 10 years – 24 hour storm (7.0 inches of rainfall). Contractors were prequalified for this project. Eight contractors’ submitted qualifications and all were approved to bid on the project. Of those eight qualified contractors, only one contractor submitted a bid. 20  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 A Pre-Proposal Meeting was held and the four approved contractors attended, as well as subcontractors interested in the project. The Minority and Women Business (M/WBE) goal for this project is 22%; 17% MBE and 5% WBE. TIC has provided M/WBE participation of 22.3%; 17.2% MBE utilizing Kelly Dukes, Inc. and Bly, Bly, & Pittman Contracting Co., Inc. and 5.1% WBE utilizing Potter Construction, LLC. Bids were received November 19, 2013. This bid was advertised, opened, and reviewed. Delivery: 365 Days. Terms: Net 30 Days. The bidder was: LB. TIC – The Industrial Company (B) $ 3,531,069.00 Funds are available in the 2013 Budget, Capital Improvements Projects/Other Costs/Baldwin Park Drainage Improvements (Account No. 311-9207-52842-DR0602). (B)Indicates local, non- minority owned business. Recommend approval. Alderman Osborne stated this is a very happy day for her, since 1986 she has been working to improve the drainage conditions in the Baldwin Park area. Upon getting on Council in 2004 and continued to work on it, finally we are at the point of approving the contract. She hopes the residents of the community are happy. There have been several neighborhood meetings with specific focus groups to discuss where some improvements will occur to make this happen. Upon motion of Alderman Osborne, seconded by Alderman Bell and unanimously carried the City Manager’s recommendation was approved. Bacon Park Golf Course Management Services – Event No. 1803. Recommend approval to award a contract for the management of Bacon Park Golf Course to O.C. Welch Golf Properties, Inc. The golf course, located on Shorty Cooper Drive, was designed by Donald Ross as an 18 hole course and later modified to 27 holes in 1978. It has been operated by a private company for more than 24 years. Requirements of this contract include the management, operation and maintenance of the course, facilities, concessions and professional shop as well as capital improvements for a period of 12 years with an option to renew for an additional 4 years. The method used for this procurement was the Request for Proposal (RFP) which evaluates criteria in addition to costs. Criteria evaluated in this RFP were the proposer’s qualifications and experience, their operational concepts and plans, the extent and caliber of proposed capital improvements, references, MWBE participation and fees. Proposals were received from two proposers and were evaluated against the stated criteria. The recommended proposer submitted a proposal that includes rental payments to the City of $1 per year with a total capital investment of $2,006,400 over the contract period. O.C. Welch Golf Properties proposes to return the golf course to the original Donald Ross design of 18 holes in order to become more attractive to players which in turn will increase profit. The proposer intends to raise fees 5% and complete capital investments that include course restoration, golf 21  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 path repairs, and irrigation. While the proposer did not include any MWBE participation in their proposal, it did state that every attempt will be made to include minorities and women in course operation to the maximum extent possible throughout the contract life. The second proposer, Michael Collins Enterprises, submitted a proposal that would maintain the course at 27 holes, return revenue to the City of $132,000 over 12 years and includes a capital investment budget of $225,000. Their submitted capital investment plan was not nearly as extensive as the recommended proposer. This proposal also excluded the maintenance of several areas including the driving range net, irrigation pumps and bridges. This proposal also did not include any MWBE participation. Proposals were received November 26, 2013. The RFP was advertised, opened and evaluated. The proposers were: B.P. O.C. Welch Golf Properties, Inc. (D) Michael Collins Enterprises (D) No City funds will be required for this contract. A Pre-Bid Conference was conducted and 4 vendors attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Alderman Hall stated there has been a great deal of discussions about Bacon Park Golf Course Management Services and he is elated to see Mr. O.C. Welch in Council meeting. Alderman Sprague asked what the plans for the remaining nine holes are. Mr. Joe Shearouse, Leisure Services Director stated the plan is to restore original 18-holes however, in the meantime it has to be completed in sections therefore leaving the 9-holes open so there will always be 18-holes at the same time. Alderman Sprague asked, and then what? Mr. Shearouse explained after that the City of Savannah will talk with Mr. Welch to determine the next course of action. Mr. Welch came forward and thanked Council for the support and stated he won’t let them down. In 1925 a Scottish man named Donald Ross had 4 golf courses in the area one is presently open today, one is across from Bacon Park where the tennis court is, another was at Minick Field which is still the same and the other was Georgia Regional Hospital. His hope is to make the 9-holes a destination for golfers in the future. Mayor Jackson stated she toured the golf course and is excited that Mr. Welch has the opportunity to put his signature on something that is near and dear to this community. She would like to see the golf course back to the way it used to. She stated anything the City of Savannah can do to assist with the process to make it become a reality they will do. Mr. Welch replied they look forward to working with the City on the project. Upon motion of Alderman Hall, seconded by Alderman Bell and unanimously carried the City Manager’s recommendation was approved. Leisure Services Master Plan Update – Contract Modification No. 1 – Event No. 778. Recommend approval of Contract Modification No.1 to AMEC Environmental & Infrastructure in the amount of $1,500.00. The original contract was for the update to the Parks and Recreation Master Plan originally completed in 2001. The modification will provide a cost estimate to develop Charlotte’s Park 22  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 located on Habersham Street, just south of DeRenne Avenue. The services will include a review of documentation describing the property and the conceptual master plan provided by the Kensington Neighborhood Association as well as an estimate of probable costs. This park was not included in the original master plan as it was intended to remain undeveloped. After review of the cost estimate, the City will seek comments for the future of the park from a broader representation of the residents of the area. The original contract amount was $32,500.00. This modification will increase the total to $34,000.00. The second low bid was $37,875.00. Recommend approval of Contract Modification No.1 to AMEC Environmental & Infrastructure in the amount of $1,500.00. Funds are available in the 2013 Budget, Capital Improvement Projects/Equipment Maintenance/Playground Equipment Reserve (Account No. 311-9207- 51250-RE0608). Recommend approval. Alderman Sprague stated this is just to look at a piece of property on Habersham Street. Upon motion of Alderman Sprague, seconded by Alderman Shabazz and unanimously carried the City Manager’s recommendation was approved. The following announcements were made: Alderman Hall announced Council received news from Visit Savannah that the Soybean Conference has chosen Savannah to host their conference in 2017 which will bring in thousands of tourist and approximately 10,000 hotel rooms have been reserved. Economic development is one of Council’s priorities and he believes it is time to discuss the Hutchison Island property acquisition so by 2017 and beyond the center can be filled with large conferences as such. Mayor Jackson wished everyone a very happy and safe holiday season. She also asked that all Bureau Chiefs are present at the next Council meeting. Mayor Jackson announced the City of Savannah employees collected 23,376 canned goods for the Second Harvest Food Bank and everyone is to be commended. She also thanked the City Manager and City Attorney for all the work they did throughout the year. Mayor Jackson presented Alderman Mary Osborne with a pin for 10 years of service to the City of Savannah. She also had one to present to Alderman Van Johnson due to his absence she will give it to him at the next meeting. Council members wished everyone a Merry Christmas and Happy New Year. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC, 23 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING December 23, 2013 Clerk of Council 24