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City Council

Regular Meeting

Savannah, GA · October 30, 2014

AgendaMinutes

Minutes

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA October 30, 2014 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 Apostle Zane Crawford, United House of Prayer for All People followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Mayor Pro-Tem Van Johnson, II Alderman Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, Estella Shabazz, Tom Bordeaux John Hall and Carol Bell (left at 4:00 p.m. returned at 4:35 p.m.) City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney Lester B. Johnson, III ABSENT: Assistant City Attorney William Shearouse MINUTES Upon motion of Alderman Johnson, seconded by Alderman Osborne, unanimous approval was given for the Mayor to sign an affidavit and resolution on Litigation for an Executive Session held today where no votes were taken. (SEE RESOLUTIONS) Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the Summary/Final minutes of the City Manager’s briefing of October 16, 2014 were approved. Upon motion of Alderman Osborne, seconded by Alderman Sprague, and unanimously carried the summary/final minutes of the City Council meeting of October 16, 2014 were approved. PRESENTATIONS Doug Andrews, Veterans Council of Chatham County Chair, accompanied by newly installed Veteran of the Year Frank Mullis and Parade Marshal Karl Holmen, appeared to request a permit for the Veteran’s Day Parade on Tuesday, November 11, 2014. The parade will begin at 10:15 a.m. Upon motion of Alderman Osborne, seconded by Alderman Johnson and unanimously carried the parade permit was approved. Omar Vazquez, Executive Officer of Marine Safety Unit and Sr. Chief Ron McCready, Station Tybee of the United States Coast Guard, and other Officers especially Air Station Savannah at Hunter Army Airfield, the Marine Safety Unit in downtown Savannah, and Station Tybee, appeared to be recognized for the recent rescue of passengers and crew from a stranded casino 1 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 boat. Mr. Vazquez thanked the City of Savannah and the Navy League for their recognition. He stated overall it was a beautiful execution of Coast Guard work rescuing 96 passengers and 27 crew members while ensuring environmental protection of the waterways. Martin Fretty, Housing Director, Chad Jacobs, Chairman CHSA/SAHF, Jenny Gentry, City Market President Wells Fargo, and Paul Hinchey, CEO St. Josephs/Candler who have collaborated to contribute funds to the Savannah Affordable Housing Fund to create the St. Joseph’s/Candler Pilot Home Ownership Program appeared to introduce this employer assisted home purchase benefit program for low and moderate income St. Joseph’s/Candler Health System employees which will be administered by the City’s Housing Department. Mayor Jackson thanked all partners involved in the initiative and stated housing is very important in the City of Savannah. They’re efforts through CHSA are phenomenal she thanked them for all they are planning to do to make the dreams of people come true. LEGISLATIVE REPORTS ALCOHOLIC BEVERAGE LICENSE HEARINGS As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of these licenses. Toshiya Hirata for Season’s Café, requesting to transfer a beer and wine (drink) license with Sunday sales from Don Lee at 10 Barnard Street. This location is between W. Bay Street and W. Bryan Street in District 1. The applicant plans to continue to operate as a full service restaurant. Mayor Jackson asked Mr. Hirata if he was the General Manager and Owner of the establishment he replied yes. Alderman Bordeaux asked Mr. Hirata if he understands there are rules and regulations on the books concerning the operation of a business with a beer and wine license; if he understands although Council tells people they are going to enforce the rules and regulations that oftentimes if they are violated and have lots of fights in their establishment due to alcohol fueled customers that Council will still not take any actions against them. Mr. Hirata responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Alderman Johnson moved to approve the license and it was seconded by Alderman Sprague and unanimously carried. Greg David Barker, Jr. for Hops & Barley, requesting a beer (package) license at 412 Martin Luther King, Jr. Boulevard. This location is between W. Jones Street and W. Taylor Street in District 2. The applicant plans to operate as a package store. Alderman Bordeaux asked Mr. Barker what is position with the business is. Mr. Barker replied he is the owner. Alderman Bordeaux asked Mr. Barker if he understands there are rules and regulations on the books concerning the operation of a business with a beer and wine license; if he understands the rules and regulations may or may not be enforced depending on what Council decides to do. Mr. Barker responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Johnson and unanimously carried. 2 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Mary Ruth White for Kimpton Hotel & Restaurant Group, LLC t/a The Brice, requesting to transfer a beer, wine and liquor (drink) license with Sunday Sales from Katherine Brown at 601 E Bay Street. This location is between Houston Street and East Broad Street in District 2. The applicant plans to continue to operate as a hotel. Alderman Johnson asked Ms. White if she understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that she must abide by; if she doesn’t abide by those rules and regulations the license can be revoked; if she promised to comply with those rules and regulations. Ms. White responded yes to all questions. Alderman Bordeaux if she understands there are rules and regulations on the books concerning the operation of a business with a beer and wine license; if she understands the rules and regulations may or may not be enforced depending on what Council decides to do. Ms. White responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Johnson and unanimously carried. Cherrelle Danielle Davis for Insite Savannah One, LLC t/a B Historic Savannah, requesting a beer, wine and liquor (drink) license with Sunday sales at 320 Montgomery Street. This location is between W. Harris Street and W. Charlton Street in District 2. The applicant plans to operate as a hotel. Hearing closed upon motion of Alderman Thomas, seconded by Alderman Johnson and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Johnson and unanimously carried. Mayur Patel for Ganesh Food Mart, requesting to transfer a beer and wine (package) license from Mitul Patel at 3014 Skidaway Road. This location is between E. 48th Street and E. Victory Drive in District 3. The applicant plans to continue to operate as a convenience store. Alderman Hall asked Mr. Patel if he was buying the store from Mike. Mr. Patel replied yes. Alderman Hall stated Mike ran a good operation, he kept the front of the business clean and even went to Dairy Queen and the vacant lot next to it to get their trash because a great deal of it comes from the store. Alderman Johnson asked Mr. Patel if he understands even if he abides by the rules and regulations Council may or may not decide to revoke his license. Mr. Patel replied yes. Alderman Bordeaux asked Mr. Patel if he understands that although the rules say one thing Council can do something else just because he has people drunk in his parking lot from items sold to them by his establishment they will not suspend the license or do anything. Mr. Patel responded yes to all questions. Hearing closed upon motion of Alderman Thomas, seconded by Alderman Johnson and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Johnson and unanimously carried. PUBLIC HEARINGS 2015 Housing and Community Development One-Year Action Plan. This is the second public hearing to receive comments concerning the City’s 2015 Housing and Community Development One-Year Action Plan for the allocation of Community Development Block Grant (CDBG), HOME, and Emergency Solutions Grant (ESG) funds. The plan is based on U.S. Department of Housing and Urban Development (HUD) program requirements, Council priorities, public input and stated objectives as identified in the City’s 2013-2017 Housing and Community Development Plan. Kerry Reid, Community Planning and Development Director 3 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 came forward seeking Council’s approval of the One-Year Action Plan. Alderman Johnson stated this is a well detailed and defined process staff takes great pride in following the rules and regulations and were very meticulous. Mayor Jackson thanked Ms. Reid and staff for all their hard work during the process. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Approved upon a motion by Alderman Osborne, seconded by Alderman Johnson and unanimously carried, per the City Manager’s recommendation. ZONING HEARINGS Metropolitan Planning Commission (MPC File No. 14-003621-ZA), recommending a text amendment to the City of Savannah Zoning Ordinance to establish short-term residential rental as a land use in the zoning ordinance, to include a definition, zoning districts where permitted, use conditions and parking standards as follows:  Short-term Residential Rental is defined as an accommodation for transient guests where, in exchange for compensation, a residential dwelling is rented for lodging for a period of time not to exceed 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall not include group living or other lodging uses. Transient Guest is defined as a person who resides at a place other than his usual place of residence for no more than 30 consecutive days in exchange for compensation.  The zoning districts where the use is permitted are RIP, RIP-A, RIP-A- 1, RIP-B, RIP-B- 1, RIP-C, RIP-D, I-P and R-D; B-H, B-C, BC-1, B-G, B-B, R-B-C and RB-C-1; Victorian Planned Neighborhood Conservation District 1-R, 2-R and 3-R with Zoning Board of Appeals approval, and 1-B, 2-B and 3-B; and Mid-City District TN-2 interior lot and corner lot, TC-1 and TC-2.  The use conditions are a) the number of occupants shall not exceed two (2) adults per bedroom plus two (2) adults for each dwelling, subject to the verification of building code compliance by the Zoning Administrator; and b) there shall be no change in the exterior appearance of the dwelling and premises, or other visible evidence of the conduct of a short term residential rental.  The minimum space requirements for off-street parking areas for a studio up to three (3) bedrooms shall be the requirement for the type of dwelling unit; and for four (4) or more bedrooms shall be the requirement for the type of dwelling unit plus one space for each additional two (2) bedrooms. Establishing Short-term Residential Rental as a distinct use within the Zoning Ordinance will eliminate some of the past confusion and allow for improved oversight. Recommend approval with the name of the use changed to Short-term Vacation Rental and the removal of Mid-City District TN-2 interior lot and corner lot from the zoning districts where the use is permitted. Alderman Osborne asked Ms. Moore to talk about the parking spaces which is the only thing she sees that may limit density. Charlotte Moore, Director of Special Projects Metropolitan Planning 4 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Commission stated the proposed parking standards will be consistent the Short-term Residential Rental Unit is a rental of an entire dwelling in that respect they believe the parking requirements should be consistent with whatever the dwelling type is. It will affect the larger bedrooms, there is a concern in the Thomas Square area and she met with Parking Services recently to discuss the issues. A parking study will be conducted by MPC sand the City of Savannah which it will include Downtown area, Victorian District and Thomas Square, a consultant has already been selected. Alderman Osborne asked how MPC sees parking with regard to the number of bedrooms will decrease density as it relates to the vacation rentals because the residents don’t like them. They want the quiet neighborhood they moved into. Ms. Moore replied the districts where the units would be located are all mixed use districts therefore its possible for these homes to be used for other uses not just residential. In some cases it can be businesses she understands the parking concerns it was examined. The ordinance can be changed if the standards are not working well. There will be a 6 month review to see how effective the ordinance is and if there are concerns. Attorney Stillwell stated he has written an opinion on this at Council requests. He stated there is a State law that specifically prohibits cities from requiring the registration of rental property. He stated the legal staff doesn’t believe it applies to short term rentals because there are differences in short term rentals and long term rentals as it relates to how they are zoned. They have distinguished in the ordinance between short term vacation rental and a longer term rental. They are requiring the registration of the short term rentals and believes it can be sustained in court. Alderman Sprague stated she feels it should be added to the Legislative Agenda. Attorney Stillwell stated he thinks Council should determine what they want to request before placing it on the agenda. Alderman Sprague stated someone is paying the property taxes on the places so there should be some way to track down who is responsible for them. Attorney Stillwell stated there’s a difference with being able to send them a tax bill and serve them with process. Alderman Sprague stated in terms of the ordinance she’s glad the City of Savannah is getting one because something is better than nothing. She stated her concern is that it doesn’t go far enough in terms of protecting the neighbors and residences in the general area. She stated parking is an issue, the amount of children isn’t regulated and the density isn’t being regulated. Alderman Bordeaux stated he isn’t trying to be critical and he understands a tremendous amount of work has been put into the matter and suggested it be continued until the appropriate time. Alderman Johnson stated he thinks this is a very difficult question because of the very delicate balance that has to be maintained and he doesn’t propose to have any of the answers. He stated the density question still has not been addressed to his satisfaction because theoretically you can have several individuals and the other side is making sure it is properly and adequately enforced which can be difficult when people are moving back and forth. He understands something needs to be done but he is unsure what it needs to be. City Manager Cutter stated she wanted to remind Council that the item is only to establish Short Term Residential Rental as a land use in the ordinance and this use is currently in use but in violation of the ordinance. There are several vacation rentals operational currently with no governance at all. This is just to allow this as a land use in the ordinance. Attorney Stillwell stated what is being done is tightening down very substantially on the current use of vacation rentals. Approving this will not open the flood gates it will be cracking down on an existing use. The zoning ordinance as it has been interpreted in the past has allowed these uses in any area that has a BnB use under the same terms but without the regulatory ordinance that will require registration, payment of taxes, a license number and other AirBnB types of uses. He stated he doesn’t recommend Council should put this off any further. 5 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Virginia Mobley came forward stating she’s on the fence, she attended meetings with City staff and there were concerns raised and questions asked. The residents do not have concrete answers of the impact these businesses will have on the residential areas. Alderman Shabazz asked if the Thomas Square District can be removed from the ordinance at this time until more data is collected and received. City Manager Cutter replied Council can remove any area they choose but they need to remember they are scattered throughout the city not just in the Downtown area. City Manager Cutter stated the concern is that there will still be no regulations and the judges will consider them as inns if they are taken before the courts and there would still be allowed to operate as they are now. Attorney Stillwell stated this is on First Reading and suggested staff write a memo to Council within the next two weeks about the specific issues as they relate to inns and residential managers and Thomas Square. City Manager Cutter stated inns do not require onsite managers but bed and breakfast units do. Bob Rosenwall stated he has been involved in this for quite some time. He feels this should be done correctly the first time and Council coming back to this in 6 months doesn’t seem believable. He stated everything should be done in moderation and there should not be VRBO’s scattered everywhere. His concerns are density, parking and the number of individuals in each unit and should be considered now instead of later. Alderman Osborne stated she agrees 6 months is too long and believes it should be fixed upfront. She stated she understands the importance of getting something on the books but coming back at a later time should occur sooner than 6 months. Mayor Jackson asked if staff has compiled a list of the number of VRBO’s throughout the City of Savannah. Bridget Lidy, Tourism and Ambassadorship Director replied there are just under 350 throughout the city to date. Mayor Jackson asked does each one tell you how many rooms they rent. Ms. Lidy replied on the site it asks how many bedrooms and underneath it tells you how many people it can sleep. Gina Stone, Stay Savannah Vacation Rentals came forward stating her company manages many of the vacation rental units in the City. She stated it is a reflection on the City of Savannah to not have the ordinance in place to attempt to manage these properties. She stated she hasn’t heard anyone mentioned that the City is a walkable City, she tells people that contact her company not to rent a car and they are appreciative because they are able to view the city utilizing the Pedi- Cab services and many others. Attorney Stillwell stated the ordinance to be considered does not have anything to do with individuals that rent out one or two rooms in their home that is considered a BnB this ordinance relates to individuals that rent out their entire house whether it’s a home, apartment complex or condo. Rabbi Belzer came forward and stated there is a distinction that has not been made clear. He stated there is a list of 85 complaints all of which were on absentee owners. He feels the distinction needs to be made between owner occupied rental units and absentee owners. He stated he believes Council needs more information and needs to spend more time on it with public input. City Manager Cutter asked Geoff Goins, Zoning Administrator to come forward and explain the difference between bed and breakfast, inns and what is trying to be accomplished. Mr. Goins stated there are two separate uses in the zoning ordinance one is the inn which is the rental of the entire dwelling unit as well as the proposed text which would create a vacation rental land use which would also be the entire rental dwelling unit. There is a separate land use which is the bed and breakfast guest unit where you rent out one bedroom with an owner occupied dwelling unit so there are two separate land uses this is only addressing the rental of the entire dwelling unit at this point. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Alderman Johnson moved to approve the license and it was seconded by Alderman Thomas and unanimously carried. 6 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 PETITIONS Penelope Johnson – Petition 140202, requesting to purchase a portion of City-owned right-of- way located along Wayne Street at the rear access to her property located at 417 E. Taylor Street. The petitioner seeks to acquire this property for the purpose of establishing private parking. Said parcel would have a frontage of 22 feet on Wayne Street and a depth northwardly of 20 feet for a total of 440 square feet. Investigation of the area reveals utilities in the vicinity and residents place garbage receptacles in this area for access by the Sanitation Bureau. In addition, the street is improved and actively used as part of the City’s network of streets. Portions of the street are already posted for no-parking. Staff recommends denial of the petitioner’s request to purchase part of the Wayne Street right-of- way to create a private parking space. City Manager Cutter stated the petitioner will work with Parking Services to come up with a parking resolution for the area. Approved upon a motion by Alderman Osborne, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. Jeff Cramer of Diversified Designs (Architect and Applicant), representing Tattnall Partners, LLC (Property Owner) – Petition 140283, requesting that the City allow encroachment within the E. Congress Street and Price Street right-of-ways for the construction of a two-story, wrap-around style porch associated with the construction of a new residence. The property is addressed as 505 E. Congress Street; located more specifically on the southeast corner of the Congress Street and Price Street intersection. The two-story porch, as designed, extends the Congress Street façade of the residence, wraps the corner, and extends the length of the building’s Price Street façade and in both cases, extends over the property line 4’-0”. According to the petitioner’s plans, 4’-1” of passable sidewalk will remain on Congress Street, and 4’-9 ¼” of passable sidewalk will remain on Price Street. The plans have received approval from the Historic District Board of Review for design compatibility. This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services with no objections offered. Approval is subject to the property owner: 1) entering into the City’s standard Revocable License Encroachment Agreement, 2) obtaining all applicable building permits, and 3) agreeing to coordinate with Georgia Power to relocate a power pole currently located on the corner of Price Street and Congress Street at no cost to the City. Recommend approval to allow encroachment within the E. Congress Street and Price Street rights-of-way for the construction of a two-story, wrap-around style porch associated with the construction of a new residence, as requested by Jeff Cramer through Petition 140283, subject to the conditions noted. Recommend approval with conditions. Approved upon a motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. Guy Lupica of Johnson Matthey Process Technologies, Inc. – Petition 140367, requesting that the City allow encroachment within the Bourne Boulevard and Gignilliat Circle rights-of- 7 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 way for the installation of underground fiber and related conduit lines. The company has expanded their existing facility located at 115 Eli Whitney Boulevard to include a new property located at 214 Bourne Boulevard. The request for encroachment is in direct relation to connecting the two company sites for data transfer. The submitted plan displays (2) separate lines, both being run from the existing site to 214 Bourne Boulevard. The first line being 1469 feet will run from the company’s main building to 214 Bourne Boulevard crossing under the Bourne Boulevard right-of-way. The second line being 1217 feet will run from the maintenance building (on the company’s main lot) to 214 Bourne Boulevard crossing under the Bourne Boulevard right-of-way and again crossing under the Gignilliat Circle right-of-way. The petitioner indicates that the fiber and conduit lines will be run underground through boring. The conduit is 2” in diameter. This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services. Approval is recommended subject to the following conditions of the petitioner:  Entering into the City’s standard Revocable License Encroachment Agreement  Obtaining all applicable building permits  The petitioner must submit to the Water and Sewer Planning and Engineering Department a plan showing the location and method of installation prior to any construction within the City’s rights-of-ways.  Providing “As-built” information to the City upon completion Recommend approval to allow encroachment within the Bourne Boulevard and Gignilliat Circle right-of-ways for the installation of underground fiber and conduit lines as requested by Johnson Matthey Process Technologies, Inc. through Petition 140367, subject to the conditions noted. Recommend approval with conditions. Approved upon a motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. Jennifer Mafera of the Law Office of Hunter Maclean – Petition 140287, requesting the City abandon a 20’ utility easement located within Lot 16 at the North/East corner of Cohen and Selma Streets. The petitioner represents a Campus Works Development, LLC (Developer) who plans to work with the City’s Public Works Department to remove and relocate any existing utilities located in the utility easement to new locations within the existing rights-of-way. The Developer plans to purchase the property for development as high-end student apartment housing facilities, and the proposed utility relocation work will be performed at the Developer’s sole expense. Following the completion of the relocation of the utility lines, the petitioner requests the City abandon the current easement. This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services. Staff recommends approval subject to the petitioner satisfying the following conditions:  Entering into the City’s standard Revocable License Encroachment Agreement 8 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014  Submitting engineering plans and surveys to the City showing all existing utilities within the requested 20’ easement and a relocation plan of said utilities.  All work associated with the relocations of utilities shall be at no cost to the City.  All relocated utilities shall be placed within public rights-of-way or dedicated easements to be obtained at no cost to the City.  After the project is completed, a new plat will need to be submitted and approved by the City Engineer. The new plat will need to show the abandoned easement and the new utility locations  Obtaining all applicable building permits. Recommend approval to abandon a 20’ utility easement located within the proposed project site located on Selma Street as requested by Hunter Maclean through Petition 140287, subject to the conditions noted. Recommend approval with conditions. Approved upon a motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. ORDINANCES First Reading Short-Term Residential Rental (MPC File No. 14-003621-ZA). An ordinance to establish short-term residential rental as a land use in the zoning ordinance, to include a definition, zoning districts where permitted, use conditions and parking standards by amending the following sections of the City of Savannah Zoning Ordinance: Article B (Zoning Districts)  Sec. 8-3002 (Definitions);  Sec. 8-3025(a) (Provisions Regarding Uses in the C Districts and R Districts);  Sec. 8-3025(b) (Provisions Regarding Uses in the B Districts and I Districts)  Sec. 8-3028(9) (Victorian Planned Neighborhood Conservation District, Permitted Uses)  Sec. 8-3046(b)(1)(d) (Planned Unit Development-Mixed Use) Article B (Zoning Districts)  Sec. 8-3002 (Definitions);  Sec. 8-3025(a) (Provisions Regarding Uses in the C Districts and R Districts);  Sec. 8-3025(b) (Provisions Regarding Uses in the B Districts and I Districts)  Sec. 8-3028(9) (Victorian Planned Neighborhood Conservation District, Permitted Uses)  Sec. 8-3046(b)(1)(d) (Planned Unit Development-Mixed Use) Article K (Mid-City District)  Sec. 8-3216(2)(a), Traditional Commercial Districts, Principal Uses Article D (Off-street Parking and Service Requirements)  Sec. 8-3089(1)c., Minimum space requirements for off-street parking areas Short-Term Vacation Rentals Regulatory Ordinance. An ordinance to regulate short-term residential rentals through a certificate process including the procedure to obtain business approval, payment of taxes and violations. This regulatory ordinance complements the short- term residential rentals zoning text amendments (MPC File No. 14-003621-ZA). 9 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 FIRST and SECOND READINGS Ordinance read for the first time in Council October 30, 2014, 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 Johnson and unanimously carried. AN ORDINANCE TO AMEND THE CITY’S CODE TO PROHIBIT PARKING ON THE WEST SIDE OF WAY STREET FROM RANDOLPH STREET TO ITS DEAD END FOR A DISTANCE OF APPROXIMATELY 150 FEET. (Ordinance placed in caption form only as of 5:00 p.m. Friday, November 7, 2014 ordinance had not been received). 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 30th day of October, 2014 the Council entered into a closed session for the purpose of discussing Real Estate. 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. ST. JOSEPH’S/CANDLER PILOT HOME OWNERSHIP PROGRAM. RESOLUTION OF SUPPORT Saint Joseph’s/Candler Pilot Home Ownership Program WHEREAS, the City of Savannah has identified creating home ownership opportunities and partnerships for Savannah residents as a priority in the City’s 2013-2016 Housing and Community Development Plan; and WHEREAS, the City of Savannah established an employer assisted home purchase program (EAHPP) as part of its employee benefit program in 2005; and WHEREAS, the City’s EAHPP provides down payment assistance to qualified City of Savannah employees interested and willing to purchase homes within the Savannah city limits; and 10 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 WHEREAS, an EAHPP can help an employer attract, retain, and reward employees in good standing; and WHEREAS, an EAHPP can help employees live closer to work or closer to public transportation that enables them to get to work, and WHEREAS, an EAHPP can help a city stabilize neighborhoods through increased home ownership and help employees begin to build financial security through the process of becoming home owners, and WHEREAS, the City of Savannah intended that its EAHPP serve as a model for other progressive Savannah employers; and WHEREAS, Saint Joseph’s/Candler Health Systems (SJ/C) learned about the City of Savannah’s EAHPP and asked it to help SJ/C develop a similar program for its modest income employees interested in purchasing homes in the Savannah city limits; and WHEREAS, the City of Savannah and SJ/C working together developed such a program known as the Saint Joseph’s/Candler Pilot Home Ownership Program; and WHEREAS, SJ/C has committed to fund and operate this pilot employee down payment assistance program for three years at a rate of $15,000 per year; and WHEREAS, SJ/C has agreed to deposit $45,000 into the City’s Savannah Affordable Housing Fund (SAHF) to be used as down payment assistance for its employees over the next three years; and WHEREAS, SJ/C and the City of Savannah will jointly manage this pilot program as outlined in a Memorandum of Understanding (MOU) between the two organizations. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah declare their full support for the Saint Joseph’s/Candler Pilot Home Ownership Program and authorize the City Manager to sign a MOU with SJ/C concerning the funding and administration of the program. Adopted this 30th day of October 2014 Approved upon a motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. 2015 HOUSING AND COMMUNITY DEVELOPMENT ONE-YEAR ACTION PLAN. RESOLUTION WHEREAS, the City of Savannah, Georgia expects to receive a total of $3,955,778 from the United States Department of Housing and Urban Development in the form of Community 11 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships funds for fiscal year 2015; and WHEREAS, it is a condition for receipt of such funding that the City submit to the United States Department of Housing and Urban Development a comprehensive multi-year Housing and Community Development Plan, including a one-year action plan for fiscal year 2015, and WHEREAS, the City has developed a 2013-2017 Housing and Community Development Plan which includes a 2015 One-Year Action Plan that have been published and made available online for public comment for a period of 30 days, and two public hearings have been held on May 6, 2014 and October 30, 2014, to discuss and receive comments on the plan; and WHEREAS, the City of Savannah seeks to support agencies that can successfully provide services to assist low-to-moderate income persons and carry out projects to improve housing, economic development and other eligible activities; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Aldermen of the City of Savannah authorize Stephanie Cutter, City Manager, to submit to the United States Department of Housing and Urban Development the City’s 2013-2017 Consolidated Housing and Community Development Plan and the One-Year Action Plan for 2015 and to enter into grant agreements with the subrecipients named therein. ADOPTED AND APPROVED: October 30, 2014 Approved upon a motion by Alderman Osborne, seconded by Alderman Johnson and unanimously carried, per the City Manager’s recommendation. MISCELLANEOUS Final Plat – Godley Park, Phase 3B. Recommend approval of a major subdivision plat of Godley Park, Phase 3B being a portion of the Highlands at Godley Station located at 280 Highlands Boulevard in District 1. The subdivision is comprised of 8.582 acres creating 16 single family lots, 3.97 acres open space and 0.962 acres of private right-of-way. Recommend approval. Approved upon a motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, per the City Manager’s recommendation. Baseball Stadium Feasibility Study and Impact Analysis. On May 15, 2014 City Council awarded a contract to CH Johnson Consulting to conduct a feasibility study and impact analysis for a baseball stadium. The study has been completed and recommendations are outlined as follows:  Construct a multipurpose stadium at Savannah River Landings.  Capacity 4,500 – 5,000 combination seating capacity, fixed, group, grass berm and premium/semi-premium seating.  Field Turf allowing for year-round use of stadium for multipurpose events. 12 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Development plans for the Canal District are currently in progress that includes recreational and multi-purpose indoor and outdoor event space. It is recommended that a baseball stadium be considered as a component of Canal District planning and recommendations as outlined by consultant be rejected. Alderman Sprague stated she wants to make it clear that the City of Savannah is not closing down Grayson Stadium at this point in time. Council is keeping their options open. Approved upon motion of Alderman Johnson, seconded by Alderman Bordeaux and unanimously carried per the City Manager’s recommendation. BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Thomas, seconded by Alderman Johnson and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: Authorization for City Manager to Sign and Administer through Sub-Grant Recipients FY2014 Adult /Dislocated Worker and Rapid Response Grant Funds. The City of Savannah has received a “Statement of Grant Award” for Workforce Investment Act Adult Programs ($109,760), for Workforce Investment Act Dislocated Worker Programs ($178,901) and for Workforce Investment Act Rapid Response Program ($16,877) from the Georgia Department pf Economic Development --Workforce Development. This is the initial grant award for PY2014 and are a part of the annual formula funds which are distributed to the 19 local workforce boards in each state each year. The period of availability for these funds is July 1, 2014 through June 30, 2016. Pursuant to the Coastal Workforce Services (CWS) Consortium Agreement, recommend approval to authorize the City Manager to receive grant funding and enter into Grant Administration Agreements with sub-grant recipients in accordance with the City of Savannah’s procurement policies and procedures. The grant awards totaling $305,538 will provide funding for Adult/Dislocated worker programs and Rapid Response Program within Region 12 (Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven Counties). Recommend approval. Six Months Extension of Leases for Police Training Facilities in Savannah Mall. The City currently leases three suites within the Savannah Mall for use as training facilities by the Savannah Chatham Metropolitan Police Department. A new police training facility is under construction, but the current leases expire prior to the new building completion date. The extension of the leases for six (6) months will provide time to complete the building and transition into the new facility. Rental rates will remain the same during the extension period. The leases are for 1,605 square feet at a rental rate of $350.00 per month; 3,400 square feet at a rental rate of $750.00 per month; and 3,010 square feet at a rental rate of $1,000.00 per month. Recommend approval. Debris Monitoring and Oversight – Annual Contract – Event No. 2376. Recommend awarding an annual contract for debris monitoring and oversight to Witt O'Brien’s. These services will be used in preparation for and following a declared emergency activation. This 13 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 contract will provide a third party quality assurance mechanism to verify debris removal operations are conducted and documented in accordance with Federal Emergency Management Agency (FEMA) guidelines to maximize federal reimbursements to the City. Recommendations are based on competitive unit price comparisons. Total costs will vary due to the nature and severity of disaster events. In the event of a declared disaster with significant debris, the City is responsible for monitoring debris removal operations, which may require over a dozen trained and experienced monitors. During a major event, our Sanitation Bureau would not have adequate staffing levels to manage debris monitoring as the City transitions into short term recovery. This contract will provide personnel that are thoroughly trained in and familiar with the FEMA Public Assistance Debris Removal and Monitoring requirements. These qualifications would include:  Capability to estimate debris quantities accurately and objectively;  Understanding all phases of debris management operations;  Ability to differentiate between debris types;  Ability to fill out load tickets properly;  Understand site safety procedures;  Communicate effectively and efficiently;  Possess previous construction site experience; and,  General knowledge pertaining to the operation of large construction machinery. This contingent contractor will monitor all debris removal operations to ensure compliance with not only FEMA Public Assistance reimbursement requirements, but also OSHA and state and federal environmental laws. Failure on the part of the City to have these operations properly monitored could jeopardize any reimbursements from FEMA. For quality control purposes, best practice is to contract separately for debris removal and debris monitoring. The method of procurement used was the Request for Proposal (RFP), which evaluates criteria in addition to cost. The criteria for this RFP included qualifications on similar sized projects, emergency planning/response experience, key staff project understanding and approach, management systems/reporting systems/training manual, cost proposal, local vendor participation, and MWBE participation goals. Proposals were originally received June 24, 2014. A Pre-Proposal Conference was conducted and four vendors attended. This proposal has been advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. Witt O’Brien’s (Washington, DC) (D) Leidos, Inc. (D) Thompson Consulting Services (D) 14 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Funds are available in the General Fund/FEMA Reimbursement. (D)Indicates non-local, non- minority owned business. Recommend approval. Meter Boxes and Lids – Annual Contract Renewal – Event No. 2668. Recommend approval to renew an annual contract to procure meter boxes and lids for commercial, residential, and agricultural use from Ferguson Waterworks, Inc. in the amount of $19,743.06, HD Supply in the amount of $27,588.06, and Consolidated Pipe & Supply in the amount of $124,000.00 for a total of $171,331.12. This bid was awarded to the lowest bidder for each category. The meter boxes and lids are maintained in inventory at the Central Warehouse and are utilized by the Water Distribution Department for new connections to the water system and to replace those that are damaged. This is the first of two renewal options available. Bids were originally received September 10, 2013. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net-30 Days. The bidders were: L.B. Consolidated Pipe & Supply Co. (Garden City, GA) (D) $177,700.30 L.B. Ferguson Waterworks (Pooler, GA) (D) $182,069.54 L.B. HD Supply Waterworks, Ltd. (Pooler, GA) (D) $189,801.00 Funds are available in the 2014 Budget, Internal Service Fund/No Department/Inventory-Central Stores (Account No. 611-0000-11330) and Water Distribution/Construction Supplies & Materials (Account No. 521-2503-51340). A Pre-Bid Conference was conducted and no vendors attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Central Precinct Design Services – Event 2683. Recommend approval to procure architectural/engineering services from Precision Planning, Inc. in the amount of $36,500.00. These services will be utilized by the City to obtain programming and a preliminary conceptual design related to the development of a design-build request for proposals (RFP) for the new Savannah Chatham Metropolitan Police Department (SCMPD) Central Precinct. The reason this is a sole source is because this vendor was previously contracted to provide a master plan for the SCMPD in October 2008. The vendor was also contracted to provide a facility needs assessment and a conceptual layout for a typical precinct. This prior work with the SCMPD gives Precision Planning in-depth insight into the programming requirements for the proposed Central Precinct, and their assistance is needed to develop the technical requirements for the design-build RFP. Additionally, the vendor’s initial research and prior work experience allows them to move forward by revising their initial program and concept. The inclusion of a detailed program and conceptual design is necessary to provide a well-defined scope of work for receiving thorough responses to the design-build RFP. Delivery: As Requested. Terms: Net 30 Days. S.S. Precision Planning, Inc. (Lawrenceville, GA) (D) $ 36,500.00 15 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Funds are available in the 2014 Budget, Capital Improvement Fund/Capital Improvement Projects/Other Costs/Police Precincts (Account No. 311-9207-52842-PB0426). A Pre-Proposal Conference was not conducted as this is a sole source procurement. (D)Indicates non-local, non- minority owned business. Recommend approval. LaRoche/DeLesseps Avenue Corridor Improvement – Contract Modification No. 1 – Event 716. Recommend approval of Contract Modification No. 1 to Thomas & Hutton Engineering in the amount of $83,000.00. The original consulting agreement was for engineering and various design services for the LaRoche/DeLesseps Avenue Corridor Improvement project and was approved by Council on March 21, 2013. The Georgia Department of Transportation (GDOT) is funding 80% of the project through monthly reimbursements to the City. This modification is required to provide professional services associated with the project, which were not included in the original agreement. It was not originally anticipated that the DeLesseps corridor would not have any impact on wetlands, however, GDOT later required a full ecology assessment in order to satisfy requirements upon review of the ecology worksheets. The original project scope did not include subsurface utility engineering as GDOT did not require or request this to be completed during the original scoping of the project. During the concept team meeting, the GDOT utility office requested that subsurface utility engineering be included in this project. The method used for this procurement was the Quality Based Selection (QBS) proposal which evaluates criteria that does not include costs. Because this project is funded by federal funds, it was required that the selection to be based solely on qualifications, experience, and understanding of the project. Once the most qualified proposer was selected, negotiations between the City, GDOT, as distributor of the federal funds, and the selected proposer were conducted to arrive at the proposed contract amount of $445,000.00. The City was responsible for $89,000.00, which was 20% of the original $445,000.00 total cost. The amount of all contract modifications to date is $83,000.00. The revised contract price, including this modification, is $528,000.00. The total amount of this project for which the City will be responsible is $105,600.00. Recommend approval of Contract Modification No. 1 to Thomas & Hutton Engineering in the amount of $83,000.00. Funds are available in the 2014 Budget, Capital Improvement Fund/Capital Improvement Projects/LaRoche DeLesseps Avenue Corridor Improvements (Account No. 311-9207-52842-TE0708). Recommend approval. Water and Sewer Agreement – Hospice Savannah – Center for Living. Hospice Savannah, Inc. has requested a water and sewer agreement for Hospice Savannah – Center for Living. The water and sewer systems have adequate capacity to serve this 7-equivalent residential unit development located off Business Center Drive. 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. Water and Sewer Agreement – Classical Academy Charter School. Savannah Classical Academy at St. Pius, LLC has requested a water and sewer agreement for Classical Academy 16 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING October 30, 2014 Charter School. The water and sewer systems have adequate capacity to serve this 14.05- equivalent residential unit development located at Anderson Street and Atlantic Avenue. 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. The following comments were made: Mayor Jackson announced the former Mayor of Boston passed at the age of 71, he served on many boards at the National League of Cities and was the president of the U.S. Conference of Mayors. She sent his condolences to his family and the City. He was the longest serving Mayor in Boston. Alderman Hall stated he has been confronted by members of the East Savannah Community stating each time crime occurs on the eastern side of Savannah it says East Savannah, he stated that community is comprised of about 5 streets. He stated he’s sure Alderman Johnson gets the same response about West Savannah. He stated everything reported to be East Savannah is not the Community of East Savannah where a group of hard working residents live it’s not a transient neighborhood people have been living there for years. He stated the Community of East Savannah would greatly appreciate the distinction being made. Alderman Johnson stated there are a variety of efforts to engage people regarding reentry, the one yesterday was called “Healing Approach and it was a Clergy approach. The program is about Clergy and Ministers engaging in things they should be involved in all the time which is ministry outside of the church as well as inside. He along with Aldermen Bell and Hall attended the event which was nice. Alderman Shabazz announced Daisy Emerson just returned from Georgia Southwestern State University and was nominated as a Caregiver for the State of Georgia. Mayor Jackson announced the next Council meeting will be held Monday, November 10, 2014 at 2:00 p.m. due to a conflict with the annual meeting of National League of Cities. She also announced the City of Savannah will host the Legislative Delegation on Hutchison Island on Wednesday, November 5, 2014 from 11 a.m. – 2:00 p.m. City Manager Cutter reminded everyone of the Swearing In of the new Police Chief Joseph H. Lumpkin on Monday, November 10, 2014 at 10:30 a.m. in the 3rd Floor Ballroom, Savannah Civic Center. Council will meet back at City Hall in the Media Room to discuss appointments to Boards, Commissions and Authorities immediately following the ceremony. Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC Clerk of Council 17

Agenda

http://www.savannahga.gov AGENDA MEETING OF THE MAYOR AND ALDERMEN OCTOBER 30, 2014 1. Approval of the summary/final minutes for the City Manager’s briefing of October 16, 2014. 2. Approval of the summary/final minutes for the City Council meeting of October 16, 2014. 3. An appearance by Doug Andrews, Veterans Council of Chatham County Chair, accompanied by newly installed Veteran of the Year Frank Mullis and Parade Marshal Karl Holmen, to request a permit for the Veteran’s Day Parade on Tuesday, November 11, 2014. 4. Recognition of the United States Coast Guard, especially Air Station Savannah at Hunter Army Airfield, the Marine Safety Unit in downtown Savannah, and Station Tybee, for the recent rescue of passengers and crew from a stranded casino boat. 5. Recognition of St. Joseph’s/Candler Health System, Wells Fargo Bank, and CHSA, Inc. officials who are contributing funds to the Savannah Affordable Housing Fund to create the St. Joseph’s/Candler Pilot Home Ownership Program. This employer assisted home purchase benefit program for low and moderate income St. Joseph’s/Candler Health System employees will be administered by the City’s Housing Department. ALCOHOLIC BEVERAGE LICENSE HEARINGS 6. Toshiya Hirata for Season’s Café, requesting to transfer a beer and wine (drink) license with Sunday sales from Don Lee at 10 Barnard Street. This location is between W. Bay Street and W. Bryan Street in District 1. The applicant plans to continue to operate as a full service restaurant. (New management/existing business) Recommend approval. 7. Greg David Barker, Jr. for Hops & Barley, requesting a beer (package) license at 412 Martin Luther King, Jr. Boulevard. This location is between W. Jones Street and W. Taylor Street in District 2. The applicant plans to operate as a package store. (New management/new request) Recommend approval. -2- 8. Mary Ruth White for Kimpton Hotel & Restaurant Group, LLC t/a The Brice, requesting to transfer a beer, wine and liquor (drink) license with Sunday Sales from Katherine Brown at 601 E Bay Street. This location is between Houston Street and East Broad Street in District 2. The applicant plans to continue to operate as a hotel. (New management/existing business) Recommend approval. 9. Cherrelle Danielle Davis for Insite Savannah One, LLC t/a B Historic Savannah (formally known as Country Inn & Suites), requesting a beer, wine and liquor (drink) license with Sunday sales at 320 Montgomery Street. This location is between W. Harris Street and W. Charlton Street in District 2. The applicant plans to operate as a hotel. (Existing business/new request). Recommend approval. 10. Mayur Patel for Ganesh Food Mart, requesting to transfer a beer and wine (package) license from Mitul Patel at 3014 Skidaway Road. This location is between E. 48th Street and E. Victory Drive in District 3. The applicant plans to continue to operate as a convenience store. (New management/existing business) Recommend approval. PUBLIC HEARINGS 11. 2015 Housing and Community Development One-Year Action Plan. This is the second public hearing to receive comments concerning the City’s 2015 Housing and Community Development One-Year Action Plan for the allocation of Community Development Block Grant (CDBG), HOME, and Emergency Solutions Grant (ESG) funds. The plan is based on U.S. Department of Housing and Urban Development (HUD) program requirements, Council priorities, public input and stated objectives as identified in the City’s 2013-2017 Housing and Community Development Plan. (A related resolution appears elsewhere on the agenda.) ZONING HEARINGS 12. Metropolitan Planning Commission (MPC File No. 14-003621-ZA), recommending a text amendment to the City of Savannah Zoning Ordinance to establish short-term residential rental as a land use in the zoning ordinance, to include a definition, zoning districts where permitted, use conditions and parking standards as follows: -3- • Short-term Residential Rental is defined as an accommodation for transient guests where, in exchange for compensation, a residential dwelling is rented for lodging for a period of time not to exceed 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall not include group living or other lodging uses. Transient Guest is defined as a person who resides at a place other than his usual place of residence for no more than 30 consecutive days in exchange for compensation. • The zoning districts where the use is permitted are RIP, RIP-A, RIP-A- 1, RIP-B, RIP-B-1, RIP-C, RIP-D, I-P and R-D; B-H, B-C, BC-1, B-G, B-B, R-B-C and RB-C-1; Victorian Planned Neighborhood Conservation District 1-R, 2-R and 3-R with Zoning Board of Appeals approval, and 1-B, 2-B and 3-B; and Mid-City District TN-2 interior lot and corner lot, TC-1 and TC-2. • The use conditions are a) the number of occupants shall not exceed two (2) adults per bedroom plus two (2) adults for each dwelling, subject to the verification of building code compliance by the Zoning Administrator; and b) there shall be no change in the exterior appearance of the dwelling and premises, or other visible evidence of the conduct of a short term residential rental. • The minimum space requirements for off-street parking areas for a studio up to three (3) bedrooms shall be the requirement for the type of dwelling unit; and for four (4) or more bedrooms shall be the requirement for the type of dwelling unit plus one space for each additional two (2) bedrooms. Establishing Short-term Residential Rental as a distinct use within the Zoning Ordinance will eliminate some of the past confusion and allow for improved oversight. (The hearing was continued from September 18, 2014.) (Please see letter of support attached.) Recommend approval with the name of the use changed to Short-term Vacation Rental and the removal of Mid-City District TN-2 interior lot and corner lot from the zoning districts where the use is permitted. PETITIONS 13. Penelope Johnson – Petition 140202, requesting to purchase a portion of City-owned right-of-way located along Wayne Street at the rear access to her property located at 417 E. Taylor Street. The petitioner seeks to acquire this property for the purpose of establishing private parking. Said parcel would have a frontage of 22 feet on Wayne Street and a depth northwardly of 20 feet for a total of 440 square feet. -4- The petition references the sale of a similar parking space across the street that was approved by Council in 1991; nearly 23 years ago. On November 30, 2000, a petition by a resident to buy two City parking spaces behind her home in the 400 block of E. Charlton Street was denied by Council. The City worked with the resident and resolved her parking problem by installing parking meters behind her home. Investigation reveals utilities in the vicinity and residents place garbage carts in this area for access by the Sanitation Bureau. In addition, Wayne Street is improved and actively used as part of the City’s network of streets. The east end of the block has curb and is posted for no-parking during street sweeping hours. The rest of the block, including behind the petitioner’s property, does not have a curb and is used for perpendicular parking. According to the City Mobility and Parking Services Department, the spaces are currently used by the general public and the sale of these spaces would create a hardship for the neighborhood. Residents have access to parking spaces located in the front of their homes on Taylor Street in addition to the on-street parking in the back of the property on Wayne Street. The Mobility and Parking Services Department recommends installing meters or designating the area as a “no parking” area. Staff recommends denial of the petitioner’s request to purchase part of the Wayne Street right-of-way to create a private parking space. (Photos are attached.) Recommend denial. 14. Jeff Cramer of Diversified Designs (Architect and Applicant), representing Tattnall Partners, LLC (Property Owner) – Petition 140283, requesting that the City allow encroachment within the E. Congress Street and Price Street right-of-ways for the construction of a two-story, wrap-around style porch associated with the construction of a new residence. The property is addressed as 505 E. Congress Street; located more specifically on the southeast corner of the Congress Street and Price Street intersection. The two-story porch, as designed, extends the Congress Street façade of the residence, wraps the corner, and extends the length of the building’s Price Street façade and in both cases, extends over the property line 4’-0”. According to the petitioner’s plans, 4’-1” of passable sidewalk will remain on Congress Street, and 4’-9 ¼” of passable sidewalk will remain on Price Street. The plans have received approval from the Historic District Board of Review for design compatibility. -5- This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services with no objections offered. Approval is subject to the property owner: 1) entering into the City’s standard Revocable License Encroachment Agreement, 2) obtaining all applicable building permits, and 3) agreeing to coordinate with Georgia Power to relocate a power pole currently located on the corner of Price Street and Congress Street at no cost to the City. Recommend approval to allow encroachment within the E. Congress Street and Price Street rights-of-way for the construction of a two-story, wrap-around style porch associated with the construction of a new residence, as requested by Jeff Cramer through Petition 140283, subject to the conditions noted. (Photos and a drawing are attached.) Recommend approval with conditions. 15. Guy Lupica of Johnson Matthey Process Technologies, Inc. – Petition 140367, requesting that the City allow encroachment within the Bourne Boulevard and Gignilliat Circle rights-of-way for the installation of underground fiber and related conduit lines. The company has expanded their existing facility located at 115 Eli Whitney Boulevard to include a new property located at 214 Bourne Boulevard. The request for encroachment is in direct relation to connecting the two company sites for data transfer. The submitted plan displays (2) separate lines, both being run from the existing site to 214 Bourne Boulevard. The first line being 1469 feet will run from the company’s main building to 214 Bourne Boulevard crossing under the Bourne Boulevard right-of-way. The second line being 1217 feet will run from the maintenance building (on the company’s main lot) to 214 Bourne Boulevard crossing under the Bourne Boulevard right-of-way and again crossing under the Gignilliat Circle right-of-way. The petitioner indicates that the fiber and conduit lines will be run underground through boring. The conduit is 2” in diameter. This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services. Approval is recommended subject to the following conditions of the petitioner: • Entering into the City’s standard Revocable License Encroachment Agreement • Obtaining all applicable building permits • The petitioner must submit to the Water and Sewer Planning and Engineering Department a plan showing the location and method of installation prior to any construction within the City’s rights-of-ways. • Providing “As-built” information to the City upon completion -6- Recommend approval to allow encroachment within the Bourne Boulevard and Gignilliat Circle right-of-ways for the installation of underground fiber and conduit lines as requested by Johnson Matthey Process Technologies, Inc. through Petition 140367, subject to the conditions noted. (An aerial map is attached.) Recommend approval with conditions. 16. Jennifer Mafera of the Law Office of Hunter Maclean – Petition 140287, requesting the City abandon a 20’ utility easement located within Lot 16 at the North/East corner of Cohen and Selma Streets. The petitioner represents a Campus Works Development, LLC (Developer) who plans to work with the City’s Public Works Department to remove and relocate any existing utilities located in the utility easement to new locations within the existing rights-of- way. The Developer plans to purchase the property for development as high- end student apartment housing facilities, and the proposed utility relocation work will be performed at the Developer’s sole expense. Following the completion of the relocation of the utility lines, the petitioner requests the City abandon the current easement. This request has been reviewed by Real Property Services, Public Works and Water Resources, and Development Services. Staff recommends approval subject to the petitioner satisfying the following conditions: • Entering into the City’s standard Revocable License Encroachment Agreement • Submitting engineering plans and surveys to the City showing all existing utilities within the requested 20’ easement and a relocation plan of said utilities. • All work associated with the relocations of utilities shall be at no cost to the City. • All relocated utilities shall be placed within public rights-of-way or dedicated easements to be obtained at no cost to the City. • After the project is completed, a new plat will need to be submitted and approved by the City Engineer. The new plat will need to show the abandoned easement and the new utility locations • Obtaining all applicable building permits. Recommend approval to abandon a 20’ utility easement located within the proposed project site located on Selma Street as requested by Hunter Maclean through Petition 140287, subject to the conditions noted. (A boundary plat is attached.) Recommend approval with conditions. -7- ORDINANCES First Readings 17. Short-Term Residential Rental (MPC File No. 14-003621-ZA). An ordinance to establish short-term residential rental as a land use in the zoning ordinance, to include a definition, zoning districts where permitted, use conditions and parking standards by amending the following sections of the City of Savannah Zoning Ordinance: Article B (Zoning Districts) • Sec. 8-3002 (Definitions); • Sec. 8-3025(a) (Provisions Regarding Uses in the C Districts and R Districts); • Sec. 8-3025(b) (Provisions Regarding Uses in the B Districts and I Districts) • Sec. 8-3028(9) (Victorian Planned Neighborhood Conservation District, Permitted Uses) • Sec. 8-3046(b)(1)(d) (Planned Unit Development-Mixed Use) Article B (Zoning Districts) • Sec. 8-3002 (Definitions); • Sec. 8-3025(a) (Provisions Regarding Uses in the C Districts and R Districts); • Sec. 8-3025(b) (Provisions Regarding Uses in the B Districts and I Districts) • Sec. 8-3028(9) (Victorian Planned Neighborhood Conservation District, Permitted Uses) • Sec. 8-3046(b)(1)(d) (Planned Unit Development-Mixed Use) Article K (Mid-City District) • Sec. 8-3216(2)(a), Traditional Commercial Districts, Principal Uses Article D (Off-street Parking and Service Requirements) • Sec. 8-3089(1)c., Minimum space requirements for off-street parking areas This item was originally on the September 18, 2014 agenda. The recommendation for item 12, the related zoning hearing on today’s agenda, is for approval with the name of the use changed to Short-term Vacation Rental and the removal of Mid-City District TN-2 interior lot and corner lot from the zoning districts where the use is permitted. 18. Short-Term Vacation Rentals Regulatory Ordinance. An ordinance to regulate short-term vacation rentals through a certificate process including the procedure to obtain business approval, payment of taxes and violations. This regulatory ordinance complements the short-term vacation rentals zoning text amendments (MPC File No. 14-003621-ZA). (The ordinance is attached.) -8- First and Second Readings 19. Removal of Parking on Way Street. An ordinance to amend the City’s Code to prohibit parking on the west side of Way Street from Randolph Street to its dead end for a distance of approximately 150 feet. (The Traffic Engineering Report was approved on October 16, 2014.) Recommend approval. RESOLUTIONS 20. St. Joseph’s/Candler Pilot Home Ownership Program. A resolution to authorize the City Manager to enter into a Memorandum of Understanding with St. Joseph’s/Candler Health System (SJ/C) to implement the St. Joseph’s/Candler Pilot Home Ownership Program in partnership with the City of Savannah. Under this program St. Joseph’s/Candler Health System will contribute $45,000 to the City’s Savannah Affordable Housing Fund (SAHF) at a rate of $15,000 per year for three years beginning in 2014. These funds will be used to make down payment and closing cost assistance available to qualified low and moderate income SJ/C employees who are 1) first time home buyers, 2) interested in purchasing a house in Savannah, and 3) interested in living closer to work and/or to public transportation that facilitates easy and cost effective travel to/from work. The City’s Housing Department will administer the program in partnership with SJ/C and CHSA, Inc. officials and, where possible, link program participants to other funding opportunities and lending institutions. The program will be linked, where possible, to neighborhood stabilization efforts being implemented by the City of Savannah and its partners. Program officials hope this partnership will serve as a model for other interested area employers. Recommend approval. 21. 2015 Housing and Community Development One-Year Action Plan. A resolution to authorize the City Manager to submit the City’s Housing and Community Development One-Year Action Plan for 2015 to the U.S. Department of Housing and Urban Development and to enter into grant agreements with the sub-recipients. The plan is based on U.S. Department of Housing and Urban Development (HUD) program requirements, Council priorities, public input and stated objectives as identified in the City’s 2013- 2017 Housing and Community Development Plan. Recommend approval. MISCELLANEOUS 22. Final Plat – Godley Park, Phase 3B. Recommend approval of a major subdivision plat of Godley Park, Phase 3B being a portion of the Highlands at Godley Station located at 280 Highlands Boulevard in District 1. The subdivision is comprised of 8.582 acres creating 16 single family lots, 3.97 acres open space and 0.962 acres of private right-of-way. Recommend approval. -9- 23. Baseball Stadium Feasibility Study and Impact Analysis. On May 15, 2014 City Council awarded a contract to CH Johnson Consulting to conduct a feasibility study and impact analysis for a baseball stadium. The study has been completed and recommendations are outlined as follows:  Construct a multipurpose stadium at Savannah River Landings.  Capacity 4,500 – 5,000 combination seating capacity, fixed, group, grass berm and premium/semi-premium seating.  Field Turf allowing for year-round use of stadium for multipurpose events. Development plans for the Canal District are currently in progress that includes recreational and multi-purpose indoor and outdoor event space. It is recommended that a baseball stadium be considered as a component of Canal District planning and recommendations as outlined by consultant be rejected. BIDS, CONTRACTS AND AGREEMENTS 24. Authorization for City Manager to Sign and Administer through Sub-Grant Recipients FY2014 Adult /Dislocated Worker and Rapid Response Grant Funds. The City of Savannah has received a “Statement of Grant Award” for Workforce Investment Act Adult Programs ($109,760), for Workforce Investment Act Dislocated Worker Programs ($178,901) and for Workforce Investment Act Rapid Response Program ($16,877) from the Georgia Department pf Economic Development -- Workforce Development. This is the initial grant award for PY2014 and are a part of the annual formula funds which are distributed to the 19 local workforce boards in each state each year. The period of availability for these funds is July 1, 2014 through June 30, 2016. Pursuant to the Coastal Workforce Services (CWS) Consortium Agreement, recommend approval to authorize the City Manager to receive grant funding and enter into Grant Administration Agreements with sub-grant recipients in accordance with the City of Savannah’s procurement policies and procedures. The grant awards totaling $305,538 will provide funding for Adult/Dislocated worker programs and Rapid Response Program within Region 12 (Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven Counties). Recommend approval. 25. Six Months Extension of Leases for Police Training Facilities in Savannah Mall. The City currently leases three suites within the Savannah Mall for use as training facilities by the Savannah Chatham Metropolitan Police Department. A new police training facility is under construction, but the current leases expire prior to the new building completion date. The extension of the leases for six (6) months will provide time to complete the - 10 - building and transition into the new facility. Rental rates will remain the same during the extension period. The leases are for 1,605 square feet at a rental rate of $350.00 per month; 3,400 square feet at a rental rate of $750.00 per month; and 3,010 square feet at a rental rate of $1,000.00 per month. Recommend approval. 26. Debris Monitoring and Oversight – Annual Contract – Event No. 2376. Recommend awarding an annual contract for debris monitoring and oversight to Witt O'Brien’s. These services will be used in preparation for and following a declared emergency activation. This contract will provide a third party quality assurance mechanism to verify debris removal operations are conducted and documented in accordance with Federal Emergency Management Agency (FEMA) guidelines to maximize federal reimbursements to the City. Recommendations are based on competitive unit price comparisons. Total costs will vary due to the nature and severity of disaster events. In the event of a declared disaster with significant debris, the City is responsible for monitoring debris removal operations, which may require over a dozen trained and experienced monitors. During a major event, our Sanitation Bureau would not have adequate staffing levels to manage debris monitoring as the City transitions into short term recovery. This contract will provide personnel that are thoroughly trained in and familiar with the FEMA Public Assistance Debris Removal and Monitoring requirements. These qualifications would include: • Capability to estimate debris quantities accurately and objectively; • Understanding all phases of debris management operations; • Ability to differentiate between debris types; • Ability to fill out load tickets properly; • Understand site safety procedures; • Communicate effectively and efficiently; • Possess previous construction site experience; and, • General knowledge pertaining to the operation of large construction machinery. This contingent contractor will monitor all debris removal operations to ensure compliance with not only FEMA Public Assistance reimbursement requirements, but also OSHA and state and federal environmental laws. Failure on the part of the City to have these operations properly monitored could jeopardize any reimbursements from FEMA. For quality control purposes, best practice is to contract separately for debris removal and debris monitoring. - 11 - The method of procurement used was the Request for Proposal (RFP), which evaluates criteria in addition to cost. The criteria for this RFP included qualifications on similar sized projects, emergency planning/response experience, key staff project understanding and approach, management systems/reporting systems/training manual, cost proposal, local vendor participation, and MWBE participation goals. Proposals were originally received June 24, 2014. A Pre-Proposal Conference was conducted and four vendors attended. This proposal has been advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. Witt O’Brien’s (Washington, DC) (D) Leidos, Inc. (D) Thompson Consulting Services (D) Criteria: Qualifications Emergency Key Staff/ Management Cost Local MWBE Total on Similar Planning/ Project & Reporting Proposal Vendor Participation Projects Response Understanding Systems/ Goals Experience & Approach Training Manual Proposer (10 pts) (20 pts) (10 pts) (20 pts) (25 pts) (5 pts) (10 pts) (100 pts) 10.0 20.0 10.0.0 20.0 25.0 0.0 10.0 95.0 Witt O’Brien’s 10.0 20.0 10.0 18.0 24.0 0.0 10.0 92.0 Leidos, Inc. Thompson 10.0 20.0 10.0 18.0 23.15 0.0 10.0 91.15 Consulting Funds are available in the General Fund/FEMA Reimbursement. (D)Indicates non-local, non-minority owned business. Recommend approval. 26.1. First Amendment to the Annual Operating Agreement with Coastal Heritage Society. Recommend authorization for the City Manager to execute the First Amendment to the Annual Operating Agreement between the Mayor and Aldermen of the City of Savannah and Coastal Heritage Society (CHS) in the amount of $100,000.00. The agreement provides the City with management services for the Tricentennial Park complex, which consists of the Savannah Children’s Museum, Visitor Center, Savannah History Museum, Battlefield Park and Georgia State Railroad Museum. City Council previously authorized the 2014 Annual Operating Agreement, effective January 1, 2014, in the amount of $716,528.00. The First Amendment provides an additional $100,000.00 to CHS to support the continued operations of Tricentennial Park through the end of the year. If the amendment is approved, funds will be transferred to Interdepartmental/Tourism and Promotion/Coastal Heritage Society (Account No.101-8124-51860). Recommend approval. - 12 - 27. Meter Boxes and Lids – Annual Contract Renewal – Event No. 2668. Recommend approval to renew an annual contract to procure meter boxes and lids for commercial, residential, and agricultural use from Ferguson Waterworks, Inc. in the amount of $19,743.06, HD Supply in the amount of $27,588.06, and Consolidated Pipe & Supply in the amount of $124,000.00 for a total of $171,331.12. This bid was awarded to the lowest bidder for each category. The meter boxes and lids are maintained in inventory at the Central Warehouse and are utilized by the Water Distribution Department for new connections to the water system and to replace those that are damaged. This is the first of two renewal options available. Bids were originally received September 10, 2013. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net-30 Days. The bidders were: L.B. Consolidated Pipe & Supply Co. (Garden City, GA) (D) $177,700.30 L.B. Ferguson Waterworks (Pooler, GA) (D) $182,069.54 L.B. HD Supply Waterworks, Ltd. (Pooler, GA) (D) $189,801.00 Funds are available in the 2014 Budget, Internal Service Fund/No Department/Inventory-Central Stores (Account No. 611-0000-11330) and Water Distribution/Construction Supplies & Materials (Account No. 521-2503- 51340). A Pre-Bid Conference was conducted and no vendors attended. (D) Indicates non-local, non-minority owned business. Recommend approval. 28. Central Precinct Design Services – Event 2683. Recommend approval to procure architectural/engineering services from Precision Planning, Inc. in the amount of $36,500.00. These services will be utilized by the City to obtain programming and a preliminary conceptual design related to the development of a design-build request for proposals (RFP) for the new Savannah Chatham Metropolitan Police Department (SCMPD) Central Precinct. The reason this is a sole source is because this vendor was previously contracted to provide a master plan for the SCMPD in October 2008. The vendor was also contracted to provide a facility needs assessment and a conceptual layout for a typical precinct. This prior work with the SCMPD gives Precision Planning in-depth insight into the programming requirements for the proposed Central Precinct, and their assistance is needed to develop the technical requirements for the design-build RFP. Additionally, the vendor’s initial research and prior work experience allows them to move forward by revising their initial program and concept. The inclusion of a detailed program and conceptual design is necessary to provide a well- defined scope of work for receiving thorough responses to the design-build RFP. Delivery: As Requested. Terms: Net 30 Days. S.S. Precision Planning, Inc. (Lawrenceville, GA) (D) $ 36,500.00 - 13 - Funds are available in the 2014 Budget, Capital Improvement Fund/Capital Improvement Projects/Other Costs/Police Precincts (Account No. 311-9207- 52842-PB0426). A Pre-Proposal Conference was not conducted as this is a (D) sole source procurement. Indicates non-local, non-minority owned business. Recommend approval. 29. LaRoche/DeLesseps Avenue Corridor Improvement – Contract Modification No. 1 – Event 716. Recommend approval of Contract Modification No. 1 to Thomas & Hutton Engineering in the amount of $83,000.00. The original consulting agreement was for engineering and various design services for the LaRoche/DeLesseps Avenue Corridor Improvement project and was approved by Council on March 21, 2013. The Georgia Department of Transportation (GDOT) is funding 80% of the project through monthly reimbursements to the City. This modification is required to provide professional services associated with the project, which were not included in the original agreement. It was not originally anticipated that the DeLesseps corridor would not have any impact on wetlands, however, GDOT later required a full ecology assessment in order to satisfy requirements upon review of the ecology worksheets. The original project scope did not include subsurface utility engineering as GDOT did not require or request this to be completed during the original scoping of the project. During the concept team meeting, the GDOT utility office requested that subsurface utility engineering be included in this project. The method used for this procurement was the Quality Based Selection (QBS) proposal which evaluates criteria that does not include costs. Because this project is funded by federal funds, it was required that the selection to be based solely on qualifications, experience, and understanding of the project. Once the most qualified proposer was selected, negotiations between the City, GDOT, as distributor of the federal funds, and the selected proposer were conducted to arrive at the proposed contract amount of $445,000.00. The City was responsible for $89,000.00, which was 20% of the original $445,000.00 total cost. The amount of all contract modifications to date is $83,000.00. The revised contract price, including this modification, is $528,000.00. The total amount of this project for which the City will be responsible is $105,600.00. Recommend approval of Contract Modification No. 1 to Thomas & Hutton Engineering in the amount of $83,000.00. Funds are available in the 2014 Budget, Capital Improvement Fund/Capital Improvement Projects/LaRoche DeLesseps Avenue Corridor Improvements (Account No. 311-9207-52842- TE0708). Recommend approval. - 14 - 30. Water and Sewer Agreement – Hospice Savannah – Center for Living. Hospice Savannah, Inc. has requested a water and sewer agreement for Hospice Savannah – Center for Living. The water and sewer systems have adequate capacity to serve this 7-equivalent residential unit development located off Business Center Drive. 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. 31. Water and Sewer Agreement – Classical Academy Charter School. Savannah Classical Academy at St. Pius, LLC has requested a water and sewer agreement for Classical Academy Charter School. The water and sewer systems have adequate capacity to serve this 14.05-equivalent residential unit development located at Anderson Street and Atlantic Avenue. 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. - 15 - City of Savannah Summary of Solicitations and Responses For October 30, 2014 Agenda Local MWBE Received Estimated Estimated Low Bid Local Event Annual Vendor Vendor Total Sent to Total From Award MWBE Vendor MWBE Vendor Preference Number Contract Description Available Available Sent MWBE Received MWBE Value Value Type Sub Type Applied 2376 X Debris Yes Yes 222 26 3 0 0 D 10% 5% C No Monitoring 5% F And Oversight 2668 X Meter Boxes and Yes Yes 96 8 4 0 $171,331.12 0 D 0 0 No Lids 2683 Central Precinct No No 1 0 1 0 $ 36,500.00 0 D 0 0 No Design Services Vendor(s)* A. Local Minority Owned Business B. Local Non-Minority Owned Business C. Non-Local Minority Owned Business D. Non-Local Non-Minority Owned Business E. Woman Owned Business F. Non-Local Woman Owned Business G. Local Non-Profit Organization - 16 - - 17 - PETITION 140202 – Penelope Johnson VIEW OF PETITION AREA ALONG WAYNE STREET STREET SCENE: VIEW ALONG WAYNE STREET - 18 - - 19 - Petition 140283 – Jeff Cramer - 20 - - 21 - - 22 - Part 8 Planning and Regulation of Development Chapter 11. - Short-Term Vacation Rentals Sec. 8-10009. Intent; Purpose. It is the purpose of this Chapter to protect the public health, safety and general welfare of individuals and the community at large; to monitor and provide reasonable means for citizens to mitigate impacts created by occupancy of short-term vacation units; and to implement rationally based, reasonably tailored regulations to protect the integrity of the City’s neighborhoods. Sec. 8-10010. Definitions; General Provisions. (a) “Code Compliance Verification Form” is a document executed by a short- term vacation owner certifying that the short-term vacation unit complies with applicable zoning, building, health and life safety code provisions. No person shall allow occupancy or possession of any short-term vacation rental unit if the premises is in violation of any applicable zoning, building, health or life safety code provisions. (b) “Short-term Vacation Rental Occupants” means guests, tourists, lessees, vacationers or any other person who, in exchange for compensation, occupy a dwelling unit for lodging for a period of time not to exceed thirty consecutive days. (c) “Short-term Vacation Rental” means an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed thirty consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall exclude group living or other lodging uses, as defined in Division II, Code of General Ordinances, Part 8, Planning and Regulation of Development, Chapter 3, Zoning, as amended. (d) “Short-term Vacation Rental Agent” means a natural person designated by the owner of a Short-term Vacation Rental on the short-term vacation rental certificate application. Such person shall be available for and responsive to contact at all times and someone who is customarily present at a location within the City for purposes of transacting business. Sec. 8-10011. Short-term Vacation Rental Certificate. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term vacation rental, as defined in Sec. 8-10010, without first obtaining a business tax certificate from the Revenue Director and complying with the regulations contained in this section. No certificate issued under this Chapter may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued. - 23 - Sec. 8-10012. Application for Short-term Vacation Rental Certificate. (a) Applicants for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term vacation rental certificate to the Tourism Management and Ambassadorship Director of the City of Savannah. The application shall be furnished under oath on a form specified by the City Manager, accompanied by a non-refundable application fee as set forth in the City’s annual Revenue Ordinance. Such application should include: (1) The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information; (2) The address of the unit to be used as a short-term vacation rental; (3) The name, address, telephone number and email address of the short-term vacation rental agent, which shall constitute his or her twenty-four hour contact information; (4) The owner’s sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements; (5) The number and location of parking spaces allotted to the premises; (6) The owner’s agreement to use his or her best efforts to assure that use of the premises by short-term vacation rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and (7) Any other information that this Chapter requires the owner to provide to the City as part of an application for a short-term vacation rental certificate. The City Manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this Chapter. (b) Attached to and concurrent with submission of the application described in this section, the owner shall provide: (1) The owner’s sworn code compliance verification form; (2) A written exemplar agreement, which shall consist of the form of document to be executed between the owner and occupant(s) and which shall contain the following provisions: - 24 - (A) The occupant(s)’ agreement to abide by all of the requirements of this Chapter, any other City of Savannah ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else; (B) The occupant(s)’ acknowledgement that it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in the City’s noise ordinance; and (C) The occupant(s)’ acknowledgement and agreement that violation of the agreement or this Chapter may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or agent, as well as the potential liability for payments of fines levied by the City. (3) Proof of the owner’s current ownership of the short-term vacation rental unit; (4) Proof of insurance; and (5) A written certification from the short-term vacation agent that he or she agrees to perform the duties specified in Sec. 8-10013(b). (c) Certificate holder shall publish a short-term vacation rental certificate number in every print, digital, or internet advertisement and any property listing in which the short-term vacation rental is advertised. Sec. 8-10013. Short-term Vacation Rental Agent. (a) The owner of a short-term vacation rental shall designate a short-term vacation rental agent on its application for a short-term vacation rental certificate. A property owner may serve as the short-term vacation rental agent. Alternatively, the owner may designate a natural person as his or her agent who is over age 18. (b) The duties of the short-term vacation rental agent are to: (1) Be reasonably available to handle any problems arising from use of the short-term vacation rental unit; (2) Appear on the premises of any short-term vacation rental unit within two hours following notification from the City of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the City of Savannah Code of Ordinances or other applicable law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two or more complaints regarding violations may be grounds for - 25 - penalties as set forth in this Chapter. This is not intended to impose a duty to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation; (3) Receive and accept service of any notice of violation related to the use or occupancy of the premises; and (4) Monitor the short-term vacation rental unit for compliance with this Chapter. (c) An owner may change his or her designation of a short-term vacation rental agent temporarily or permanently; however there shall only be one such agent for a property at any given time. To change the designated agent, the owner shall notify the Tourism Management and Ambassadorship Director in writing of the new agent’s identity, together with all information regarding such person as required by the applicable provisions of Sec. 8-10012. Sec. 8-10014. Grant or Denial of Application. Review of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of this Chapter, or otherwise fails to demonstrate the ability to comply with local, state or federal law. Any false statements or information provided in the application are grounds for revocation, suspension and/or imposition of penalties, including denial of future applications. Sec. 8-10015. Short-term Vacation Rental Units. (a) A legible copy of the short-term vacation rental unit certificate shall be posted within the unit and include all of the following information: (1) The name, address, telephone number and email address of the short-term vacation rental agent: (2) The Business Tax Certificate Number; (3) The maximum occupancy of the unit; (4) The maximum number of vehicles that may be parked at the unit; and (b) Short-term vacation rental units must be properly maintained and regularly inspected by the owner to ensure continued compliance with applicable zoning, building, health and life safety code provisions. - 26 - Sec. 8-10016. Short-term Vacation Regulation Procedure. (a) To ensure the continued application of the intent and purpose of this Chapter, the Tourism Management and Ambassadorship Director of the City shall notify the owner of a short-term vacation rental unit of all instances in which nuisance behavior of the rental guest or the conduct of his or her short-term vacation rental unit agent results in a citation for a code violation or other legal infraction. (b) The Tourism Management and Ambassadorship Director shall maintain in each short-term vacation rental location file a record of all code violation charges, founded accusations and convictions occurring at or relating to a short-term vacation rental unit. When a property owner has accumulated three code violations for a particular property within a period of twelve consecutive months, the City shall revoke any pending certificates and reject all applications for the subject premises for a period of twelve consecutive months. (c) If a short-term vacation rental unit owner has been cited and found to be in violation of any zoning, building, health or life safety code provision, the owner must demonstrate compliance with the applicable code prior to being eligible to receive a short-term vacation rental certificate. (d) Citations for code violations and any other violation of the City Code may be heard by a Short-term Vacation Rental staff board or the Recorder’s Court of Chatham County. The staff board shall be comprised of full-time city employees as appointed by the City Manager or his/her designee and shall include at least one staff member selected from Revenue, Zoning, Tourism and the Savannah-Chatham Metropolitan Police Department. The staff board will receive evidence; however, the official rules of evidence will not govern the proceeding. The staff board will issue a written finding as to each alleged infraction, specifically identifying each founded accusation, which shall constitute a violation. (e) Violations of this Chapter are subject to the following fines, which may not be waived or reduced and which may be combined with any other legal remedy available to the City: (1) First violation: $500 (2) Second violation within the preceding 12 months: $750 (3) Third violation within the preceding 12 months: $1,000 (f) A person aggrieved by the City’s decision to revoke, suspend or deny a short-term vacation rental certificate may appeal the decision to the City Manager. The appeal must be filed with the City Manager’s Office in writing, within thirty calendar days after the adverse action and it shall contain a concise statement of the reasons for the - 27 - appeal. Timely filing of an appeal shall stay the revocation, suspension or denial pending a decision by the City Manager. (g) The City Manager or appointed designee shall consider the appeal within thirty days after receipt by the City Manager of a request unless otherwise agreed in writing by the City and aggrieved party. All interested parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The City Manager shall render a determination, which will constitute a final ruling on the application. (h) Nothing in this section shall limit the City from enforcement of its code, state or federal law by any other legal remedy available to the City. Nothing in this section shall be construed to limit or supplant the power of any City inspector, deputy marshal or other duly empowered officer under the City’s ordinances, rules and regulations and the authority granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings. Sec. 8-10017. Taxes. (a) Short-term vacation rental unit owners are subject to state sales tax, City taxes, including but not limited to the hotel/motel tax, and are liable for payment thereof as established by state law and the City Code. The City may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.

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