City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA June 25, 2015 The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Invocation was given by Rev. Dr. Bernard Clarke, Greater Gaines Chapel AME Church 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 Carol Bell, John Hall, Estella Shabazz, Mary Ellen Sprague, Tom Bordeaux City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney William Shearouse Alderman Johnson thanked Pastor Clarke for holding the prayer vigil yesterday at his church. He also introduced Rev. Dr. Dan Stevenson, Dr. Michael Brown, Interim President of Payne Theological Seminary who partners with Savannah State University by training ministers in Savannah and surrounding areas in the field of theology. Mayor Jackson thanked each of them for coming. MINUTES Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Manager’s briefing of June 11, 2015. Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Council meeting of June 11, 2015. Upon motion of Alderman Osborne, seconded by Alderman Johnson, unanimous approval was given for the Mayor to sign an affidavit and resolution on for an Executive Session held today where no votes were taken. (SEE RESOLUTIONS) APPEARANCES Alderman Johnson introduced and welcomed Steve Hartwell, Public Affairs Officer for Hunter Army Airfield and other representatives from Leadership Savannah. Julie McLean, City of Savannah Director of Development Services/City Engineer appeared to recognize Tom McDonald, Permitting/Floodplain Administrator for recently being named 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 National Local Flood Plain Manager of the Year by the Association of State Flood Plain Managers. Mayor Jackson congratulated Mr. McDonald and thanked him for all his work. 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. Dipti Patel for Shop Mart, Inc., requesting to transfer beer and wine (package) license from Hemant Patel at 634 Martin Luther King Boulevard, which is located between West Hall Street and West Huntingdon Street in District 2. The applicant plans to continue to operate as a convenience store. (New ownership/existing business) Recommend approval. Alderman Osborne asked Ms. Patel if she has experience in selling beer and wine. Ms. Patel replied yes. Alderman Osborne asked Ms. Patel to keep the area litter free, with no loitering and she will be able to maintain her rights and privilege to maintain her license. Hearing closed upon motion of Alderman Hall, seconded by Alderman Thomas and unanimously carried. Approved upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. Efstathios Stathopoulas for YiaYia’s Kitchen, LLC t/a YiaYia’s Kitchen & Market Place, requesting beer and wine (package) license at 3111- 3113 Habersham Street, which is located between Washington Avenue and 48th Street in District 4. The applicant plans to operate a convenience store. (New ownership/management) Recommend approval. Susan Mason appeared in support of Mr. Stathopoulas stating she has been a tenant of his for 17 years. The previous establishment had a beer and wine license and she never saw an issue with it as she is in the building night and day. She continued stating the finest restaurants in the world have neighborhood restaurants and she believes it will be a wonderful thing having Mr. Stathopoulas next to her. William (Billy) Norse appeared in support of Mr. Stathopoulas stating this business is very important to the Greek community and serves a great deal of delicacies. The area is cleaner and nicer, more polished and refined and a great idea for the community. Walter Gaultney appeared in opposition of the request stating his concerns are that Mr. Stathopoulas will eventually request to become a full restaurant. He also stated Ardsley Park is not currently taking a stand for or against the establishment. Carol Grable appeared stating she’s not opposed to Mr. Stathopoulas making his living but is opposed to it becoming a restaurant. Barbara Harris appeared in opposition of Mr. Stathopoulas stating her concerns are the parking issues and there is not enough room for that amount of traffic. Alderman Sprague stated to Mr. Stathopoulas that there is some obvious confusion about what he wants to do and asked him to explain his plans. Mr. Stathopoulas stated he is a third generation owner of the building which has always served the neighborhood. His stated his plan is to bring authentic Greek and Mediterranean style foods to Savannah. He continued stating it was never his intent to have beer and wine sold on the premise as a restaurant many of those comments have been speculations and dictated by the neighborhood. The tables and chairs were placed outside for the neighbors that walk their pets to sit outside to have coffee. Everything done has been geared towards the neighborhood. Alderman Bordeaux thanked the citizens that came to express their views. He asked Mr. Stathopoulas if he understands correctly he is applying for the same type of license that was previously there. Mr. 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Stathopoulas replied yes. Alderman Bordeaux asked if he or staff was aware of any problems with the previous license owner. Mr. Stathopoulas replied no. Alderman Bordeaux stated having an alcohol license is a responsibility that he seems to take seriously as well as the neighborhood, he stated it is a privilege and not a right and asked that the business continues to stay well maintained as there will be people watching him at all times. Alderman Sprague stated she has received calls both pro and con but in her opinion the property looks better than it has ever looked and believes he will do a much better job than the previous owner while accommodating the neighborhood. Judee Jones, Revenue Department came forward to clarify the address stating it is 3111-3113 which is one parcel that was divided up, and the location for the license is 3111. Hearing closed upon motion of Alderman Osborne, seconded by Alderman Johnson and unanimously carried. Approved upon motion of Alderman Sprague, seconded by Alderman Bordeaux and unanimously carried. Jacqueline M. Ammerman for Horizons Food and Beverage, Too t/a Wayback Burgers, requesting beer and wine (drink) with Sunday sales at 8108 Abercorn Street, Suite 120, which is located between White Bluff Road and Fairmont Avenue in District 4. The applicant plans to operate as a full-service restaurant. (New ownership/management) Recommend approval. Alderman Johnson asked Ms. Ammerman 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. Ammerman responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried. Approved upon motion of Alderman Osborne, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. Ketan Patel, for Mahi Food Mart, LLC, requesting to transfer beer (package) license from Mahesh Patel at 5411 White Bluff Road, which is located between DeRenne Avenue and Linden Drive in District 5. The applicant plans to continue to operate as a convenience store. (New ownership/existing business) Recommend approval.Alderman Johnson asked Mr. Patel if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations. Mr. Patel responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried. Approved upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. ZONING HEARINGS Hearing for Jason Combs, Conner Hawkins and Barry Atwood were heard together as they are adjacent property owners. Mr. Combs thanked Aldermen Thomas and Osborne for having him in their home and business individually to go over the slides. Mr. Combs stated the reason they are requesting the rezoning is to preserve the value of their properties. He stated the B-G zoning district uses discourage long-term residential renters, and depress residential resale value. The situation would not exist if the new zoning ordinance is enacted. They were told TN-2 is not available to them, despite it being their zoning classification under the proposed new zoning ordinance. They are seeking a zoning classification that allows us to adapt to what is and can 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 happen next to them in the future. R-B-C was recommended to them by the Metropolitan Planning Commission staff as a suitable transitional zoning classification. TN-2/B-G/R-I-P would all accomplish the same goals. Mr. Atwood stated the MPC staff informed them that the R-B-C zoning classification is inconsistent with Future Land Use Map designation of “Residential Single-Family”. Mr. Atwood stated the R-B-C zoning classification was recommended to them by MPC staff and the intent of this district is to preserve the integrity of those areas where residential and business uses are found to be necessary and desirable. The purpose of this district is to encourage the conservation and rehabilitation of residential uses by limiting business activities to those that have performance characteristics which are not detrimental. Mr. Atwood also stated there are many inconsistencies with the FLUM which is already in existence. They are making the request based on the unique B-G/ R-4 condition. Once mitigated, this condition will no longer exist in the downtown historic area, so there can be no future rezoning requests on this basis. R-B-C allows nothing that is not already allowed by B-G and/or R-I-P, both adjacent to the subject properties. Though they are not in the Thomas Square neighborhood, they are in the Thomas Square Streetcar Historic District, which extends one block east of the neighborhood designation.Mr. Atwood continued stating 3 of the 4 properties are occupied. The fourth is an awkwardly shaped parcel with an old brick gas station and an out- of-state owner. There is considerable development activity in the neighborhood, which is why they are concerned about the B-G parcels next to them. They do not intend to change the use of the structures unless adverse uses of the B-G parcels require it. Alderman Osborne asked if parking issues have been addressed with the neighborhood. Mr. Atwood replied he has a two car garage, Mr. Combs has three parking spaces and Mr. Hawkins has two spaces in front of his home. There is no lane on that side of 37th Street, what they are asking to do doesn’t require any additional parking. Gwendolyn Wilcox representative for First Friendship Missionary Baptist Church appeared stating the issue was brought up at two different times and all comments were negative. Their greatest concerns are for parking and possible increased crime. Alderman Bell asked if the parishioners realize the gentlemen were operating in the past. Mr. Combs replied no. Alderman Bell asked Ms. Wilcox if she was speaking for herself at the meeting of May 28, 2015 or the church. She replied she was speaking on behalf of the church but had not spoken to the church as none of them knew what the issue was they only received notice to appear at the meeting. Mr. Combs stated he reached out to Ms. Wilcox to meet with the church and she never returned his call. Alderman Bell asked Ms. Wilcox for clarification on her position because as she recalls at the May 28 meeting she favored the changes. Ms. Wilcox stated those were her personal feelings and she had not spoken to the church members. Alderman Johnson asked Ms. Wilcox if she is the authorized representative for the church. Ms. Wilcox replied at this time yes. Alderman Osborne stated she is in favor of the gentlemen getting the changes they are requesting as it will be an enhancement and good use of their properties. Alderman Thomas stated Mr. Combs stated he reached out to the church and Ms. Wilcox personally several times and no calls were returned or courtesy extended to acknowledge him. He then asked Ms. Wilcox what reason would the church that is supposed to be good neighbors have for not returning calls or meeting with them on a request as such. Ms. Wilcox replied she has returned each call he made to her which were three, she stated she gave the issue to the Chairman of Deacons who stated he would not make time for the issue because they were against it. Alderman Thomas expressed his displeasure with the church not communicating with Mr. Combs stating he doesn’t believe it is a good look for the community that a church did not meet with or return some form of communication with Mr. Combs. 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Madeline Collins appeared stating she is opposed to the changes because the future plans are unknown. She is concerned with the zoning change and the operation of an Air BnB in the neighborhood as there are not enough regulations, and she feels changing the zoning would benefit them significantly and not enhance the neighborhood. Mr. Combs stated he left a card for and reached out to Ms. Collins as well who did not communicate with him before today. Clair Mooney appeared in favor of the request and is aware of the commercial realities on both of the corridors. Alderman Bordeaux asked Ms. Mooney if she likes the idea of more Air BnB’s in the area she lives. Ms. Mooney replied she is in favor of having more Air BnB’s in that area. Alderman Sprague asked is 507 East 37th Street a house or a business. Ms. Moore replied it is a business. Jason Leslie Combs, Petitioner, Pechorin Properties, LLC, Owner (File No. 15-001685-ZA), requesting to rezone 508 E. 37th Street from R-4 (Four Family Residential) to R-B-C (Residential Business Conservation). The petitioner seeks rezoning to allow for possible use of the property as a bed and breakfast guest unit for the upstairs unit, and short-term vacation rental for the downstairs unit. The Metropolitan Planning Commission (MPC) recommends approval of the petitioner’s request to rezone 508 E. 37th Street from R-4 to R-B-C. The Planning Commission believes that the property is uniquely situated adjacent to a commercial use that is zoned B-G (General Business) and that a rezoning to R-B-C is appropriate to allow the petitioner’s desired uses. (The hearing was continued from the meeting of May 28, 2015.) Recommend denial of the R-B-C district. The Future Land Use Map designation of Single- family Residential for the property and the entire block east of the property support the desire to maintain this area as residential. The existing R-4 district, which the property has been zoned since 1960, is consistent with the Future Land Use Map designation while the R-B-C district is not. The R-B-C district could allow many uses on the property that are contrary to the existing neighborhood character, including a variety of institutional uses, retail uses, restaurants, and vehicle repair. Some of the RB-C district development standards, such as no height maximum for nonresidential uses, would be inappropriate for the neighborhood.Hearing closed upon motion of Alderman Bordeaux, seconded by Alderman Thomas and unanimously carried. Alderman Osborne made a motion to approve the petitioner’s request to rezone 508 E. 37th Street from an R-4 zoning classification to an R-B-C zoning classification, it was seconded by Alderman Thomas and carried. Alderman Bordeaux stated he’s troubled by the petitioner’s request as you ride down 37th Street it is gorgeous. He believes more businesses need to be put on 37th Street rather than residences. Alderman Bell stated she’s conflicted because on the surface she supports the desires of the petitioner’s. She continued stating if the neighbors would have been in support of the change she would feel differently as she strongly supports residential neighborhood vitality. Alderman Thomas stated the applicant has a stack of individuals that are for the change and it would be unfair if Council moves forward without putting those names into the records. Mayor Jackson read the names and addresses from the letters of support: Sheila Bradley 512 East 37th Street, Gilbert Cruz 520 East 37th Street, Shannon and Jason Blackburn 532 East 37th Street, Jean Durham and Nathan LaRue 514 East 37th Street, Midtown Neighborhood Association, Inc. did not take a stand for or against, Stratton Leopold and Noble Boykin. A board vote was taken with the following voting in favor of the motion: Aldermen Osborne, Thomas, Bell and Hall, and Mayor Jackson, Aldermen Bordeaux, Johnson, Sprague and Shabazz voted against. The motion did not carry. 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Conner Hawkins, Petitioner, 10-4, LLC, Owner (File No. 15-001684-ZA), requesting to rezone 509 E. 37th Street from R-4 (Four Family Residential) to R-B-C (Residential Business Conservation). The petitioner seeks rezoning to allow for possible use of the property as a bed and breakfast guest unit or short-term vacation rental. The Metropolitan Planning Commission (MPC) recommends approval of the petitioner’s request to rezone 509 E. 37th Street from R-4 to R-B-C. The Planning Commission believes that the property is uniquely situated adjacent to a commercial use that is zoned B-G (General Business) and that a rezoning to R-B-C is appropriate to allow the petitioner’s desired uses. (The hearing was continued from the meeting of May 28, 2015.) Recommend denial of the R-B-C district.The Future Land Use Map designation of Single-family Residential for the property and the entire block east of the property support the desire to maintain this area as residential. The existing R-4 district, which the property has been zoned since 1960, is consistent with the Future Land Use Map designation while the R-B-C district is not. The R-B-C district could allow many uses on the property that are contrary to the existing neighborhood character, including a variety of institutional uses, retail uses, restaurants, and vehicle repair. Some of the RB-C district development standards, such as no height maximum for nonresidential uses, would be inappropriate for the neighborhood.Hearing closed upon motion of Alderman Bordeaux, seconded by Alderman Thomas and unanimously carried.Approved upon motion of Alderman Johnson, seconded by Alderman Bordeaux, and carried per the City Manager’s recommendation.A board vote was taken with the following voting in favor of the motion: Mayor Jackson, Aldermen Johnson, Bordeaux, Sprague, Bell and Shabazz and Aldermen Osborne, Thomas and Hall voted against. The motion for denial passed. Barry Atwood, Petitioner (File No. 15-001686-ZA), requesting to rezone 510 E. 37th Street from R-4 (Four Family Residential) to R-B-C (Residential Business Conservation). The petitioner seeks rezoning to allow for possible use of the property as a bed and breakfast guest unit. The Metropolitan Planning Commission (MPC) recommends approval of the petitioner’s request to rezone 510 E. 37th Street from R-4 to R-B-C. The Planning Commission believes that the property is an appropriate location for an R-B-C district. (The hearing was continued from the meeting of May 28, 2015.) Recommend denial of the R-B-C district. The Future Land Use Map designation of Single-family Residential for the property and the entire block east of the property support the desire to maintain this area as residential. The existing R-4 district, which the property has been zoned since 1960, is consistent with the Future Land Use Map designation while the R-B-C district is not. The R-B-C district could allow many uses on the property that are contrary to the existing neighborhood character, including a variety of institutional uses, retail uses, restaurants, and vehicle repair. Some of the RB-C district development standards, such as no height maximum for nonresidential uses, would be inappropriate for the neighborhood.Hearing closed upon motion of Alderman Bordeaux, seconded by Alderman Thomas and unanimously carried. Approved upon motion of Alderman Bordeaux, seconded by Alderman Sprague, and carried per the City Manager’s recommendation.A board vote was taken with the following voting in favor of the motion: Mayor Jackson, Aldermen Johnson, Bordeaux, Sprague, Bell and Shabazz and Aldermen Osborne, Thomas and Hall voted against.The motion for denial passed. Harold Yellin, Agent (File No. 15-002387-ZA), requesting to rezone 225 East President Street from an RIP-A zoning classification to an RIP-B1 zoning classification. The subject properties currently house the operations of the Presidents Quarters bed and breakfast inn. These operations 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 include the 16 room inn originally constructed in 1855 and the associated off street private parking lot currently used for guest parking. The Inn was substantially renovated in 2007, the current RIP-A zoning was applied to this location with the establishment of zoning in Savannah. The RIP zoning districts in the City of Savannah are applied primarily to properties in downtown and the greater downtown area. The development standards in these districts are the same but the allowed uses vary. The current RIP-A classification of the subject properties is the least intense of the RIP districts in terms of the commercial uses that are allowed. In the current RIP-A zoning district, use #11 (Hotel, motel, motor lodge) and use #65b (Restaurant, sit down or cafeteria, which does serve alcoholic beverages) while common in the downtown area, these uses are not allowed in RIP-A zoning district. These uses are identified because they represent the difference in the two zoning districts. The Tricentennial Comprehensive Plan Future Land Use Map designates the subject properties as Traditional Commercial, a compatible land use designation for the proposed zoning. Although compatible development could be established on the subject properties under the current zoning, the most likely uses to be developed here are not allowed under the current zoning. Recommend approval of the Planning Commission’s recommendation to rezone the subject property from a RIP-A classification to the RIP-B1 classification. Jack Butler, Metropolitan Planning Commission briefly described the petitioner’s request. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague, and unanimously carried per the City Manager’s recommendation. Ordinance to cover will be drawn up for presentation at the next meeting of Council. Humanities Foundation, Petitioner; Saint Joseph’s Professional Plaza, Owner (File No. 15- 002383-ZA), requesting to rezone a four acre parcel located east of McCauley Drive from a PUD-IS (Planned Unit Development – Institutional) zoning classification to an RM-22 (Multi- family residential – 22 units per net acre) zoning classification. The existing PUD-IS zoning of the subject property and adjacent properties, as well as the adjoining P-I-P (Planned Institutional – Professional) zoning, were established to accommodate the myriad of medical and other health related offices that comprise most of the developed land in the vicinity of the subject property. Additionally, both single and multifamily residential developments contribute to the development pattern in the immediate area around the subject property. The existing PUD-IS zoning district is an appropriate district for the subject property. The property could be developed as an office use or any of the other allowed uses within the PUD-IS district and be compatible with surrounding uses; this includes residential town homes and/or condominiums, which are permitted under the current zoning. Recommend approval of the Planning Commission’s recommendation to rezone the subject property from a PUD-IS zoning classification to an RM-22 classification. Jack Butler, Metropolitan Planning Commission briefly described the petitioner’s request. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Hall and unanimously carried. Approved upon motion of Alderman Thomas, seconded by Alderman Shabazz, and unanimously carried per the City Manager’s recommendation. Alderman Thomas stated the petitioner has requested a First and Second Reading. Gene Glisson, Petitioner, (File No. 15-002697-FLUM), requesting of an amendment to the Tri- Centennial Comprehensive Plan Future Land Use Map to change the future land use category of the properties identified as PIN(s) 2-0862-02-002 and -003 from Residential Suburban Single 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Family to Residential General. The petitioner is requesting that the Future Land Use Category for the subject properties be changed from Residential Suburban Single Family to Residential General. The subject properties consist of two lots of record comprising 1.44 acres. Both parcels are vacant and undeveloped. The petitioner’s intent is to develop the site and construct multi- family residential units. In conjunction with this petition, a zoning map amendment has been filed to rezone the properties from R-6 (Single-family Residential) base district zoning classification to an RM-15 (Residential-Multifamily, 15 units per acre) base district zoning to accommodate the proposed use. Recommend approval of Planning Commission’s recommendation of an amendment to the Tri-Centennial Comprehensive Plan Future Land Use Map to change the future land use category of the properties identified as PIN(s) 2-0862-02-002 and -003 from Residential Suburban Single Family to Residential General. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Approved upon motion of Alderman Thomas, seconded by Alderman Bell, and unanimously carried per the City Manager’s recommendation. Gene Glisson, Petitioner, (File No. 15-002386-ZA), requesting to rezone 1107 & 1111 Fulton Road from an R-6 (Single-family Residential) base district zoning classifications to an RM-15 (Residential-Multifamily, 15 units per acre) base district zoning classification. The subject property is located on the south side of Fulton Road, near the intersection of Fulton and Apache Avenue in the Bell’s Landing neighborhood. The property is 1.44 acres and is undeveloped woodlands. The petitioner seeks rezoning to allow for development of the property as two, eight- unit multifamily dwellings. The subject property is undeveloped woodlands, adjacent to an existing R-4 (Four-family Residential), low-density multifamily development. The Future Land Use Map designation of Single-family Residential for the subject property, and the entire block, has not been realized through development. The RM-15 district, like the existing R-6 district, is exclusively residential, though at a higher density than currently permitted (seven units of single-family dwellings). If rezoned, the subject property would extend the multifamily use down the lightly-use Fulton Road. The proposed zoning classification is the minimum that would permit the density of 16 dwelling units (total) proposed by the petitioner for the property. Rezoning the property to allow the desired multifamily use would not be detrimental to the vicinity, and would provide a needed lower-cost housing option close to schools, Armstrong University, shopping and public transportation. Recommend approval of the Planning Commission’s recommendation to rezone the subject property from an R-6 (Single-family Residential) zoning classification to an RM-15 (Residential-Multifamily, 15 units per acre) zoning classification. Alderman Johnson asked if the land was currently vacant. Mr. Butler replied yes. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Approved upon motion of Alderman Thomas, seconded by Alderman Sprague, and unanimously carried per the City Manager’s recommendation. 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Ordinances First and Second Reading Ordinance read for the first time in Council June 25, 2015, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried. Humanities Foundation, Petitioner; Saint Joseph’s Professional Plaza, Owner (File No. 15- 002383-ZA), An ordinance to rezone a four acre parcel located east of McCauley Drive from a PUD-IS (Planned Unit Development – Institutional) zoning classification to an RM-22 (Multi- family residential – 22 units per net acre) zoning classification. AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT PUD-IS (PLANNED UNIT DEVELOPMENT- INSTITUTIONAL) ZONING CLASSIFICATION TO AN RM-22 (MULTI-FAMILY RESIDENTIAL, 22 DWELLING UNITS PER NET ACRE) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: The following described property be rezoned from its present PUD-IS zoning classification to an RM-22 zoning classification: Commencing from a point [X: 970374.281654 Y: 724061.686366], located at the approximate intersection of the centerlines of Mercy Boulevard and McAuley Drive, Thence proceeding along the centerline of McAuley Drive in a NE-SE direction for approximately 689.722 ft. to a point [X: 970920.585185 Y: 723875.665533], said point being located at the current termination point of McAuley Drive, said point being, THE POINT OF BEGINNING, Thence proceeding along a line in a NE direction [N 36-39-35 E] for approximately 489.232 ft. to a point, Thence proceeding along a line in a SE direction [S 57-31-23 E] for approximately 362.693 ft. to a point, a point located on the approximate centerline of an existing drainage canal right-of-way, Thence proceeding in a SW along the approximate centerline of an existing drainage canal right- of-way direction for approximately 573.77 ft. to a point, 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Thence proceeding along a line in a NW direction [N 44-29-16 W] for approximately 374.954 ft. to a point, said point being, THE POINT OF BEGINNING, PIN: 2-0754 -02-004 SECTION 3: That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 2nd day of June, 2015, a copy of said notice being attached hereto and made a part hereof. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. EFFECTIVE DATE: This ordinance shall be effective as of the date hereof. ADOPTED and APPROVED June 25, 2015. 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 25th day of June, 2015 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. Resolution Concerning Easements and Encroachment Agreements for Rockbridge Hotel Project. A resolution declaring that limited portions of the surface and subsurface area of Williamson Street, Martin Luther King, Jr. Boulevard, Montgomery Street and West River Street, as generally shown on plats which are attached to the agenda, are no longer needed for public road purposes and no longer serve the particular purpose for which those streets were originally established, and authorizing the City Manager to negotiate easement and encroachment agreements with RB-CIV Savannah Hotel, LLC (“RB-CIV”) with respect to these surface and subsurface areas to enable RB-CIV to construct a hotel property on property abutting 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 these surface and subsurface areas, subject to the following conditions: 1. Final terms of the easement and encroachment agreements will be approved by the City Manager; 2. The hotel property and improvements will be constructed, owned and operated by RB- CIV and its successors and assigns; 3. RB-CIV will pay the City the market value for the easement and encroachment agreements, to be established by an appraisal or appraisals accepted by the City Manager and/or by such other manner as is compliant with law and accepted by the City Manager; 4. Any existing utilities within the areas in which the easements and encroachments are granted that are required to be relocated will be relocated at the expense of RB-CIV, in accordance with plans approved by the City; 5. The precise dimensions of the areas in which the easements and encroachments are granted will be determined by survey or surveys to be attached to the easement and encroachment agreements, and will be supplemented by as-built survey or surveys to be provided to the City and attached to the easement and encroachment agreements upon substantial conclusion of the construction of the proposed hotel and related facilities; 6. At the time the City conveys to RB-CIV the easements and encroachments, RB-CIV, its successors or assigns, shall be the owner (or the assignee of the owner) of all of the property that abuts the areas in which the easements and encroachments are granted; and 7. The easement and encroachment agreements will provide that the easements and encroachments will continue as long as RB-CIV, its successors and assigns, are utilizing the easements and encroachments to support and maintain the improvements located on the Hotel Property. The property interests and rights shall continue and RB-CIV, its successors and assigns, shall have the right to revise and modify the improvements located within the easements and encroachments in the event the improvements located on the Property are damaged, destroyed or otherwise demolished provided that the Hotel Property improvements are rebuilt or restored. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried per the City Manager’s recommendation. RESOLUTION TO DECLARE A LIMITED PORTION OF THE SURFACE AND SUBSURFACE AREA OF WILLIAMSON STREET, MARTIN LUTHER KING, JR. BOULEVARD, MONTGOMERY STREET AND WEST RIVER STREET AS SURPLUS AND AVAILABLE FOR SALE TO ABUTTING PROPERTY OWNERS, AND TO AUTHORIZE THE SALE OF CERTAIN EASEMENTS AND ENCROACHMENTS IN SAID PROPERTY TO ABUTTING PROPERTY OWNER WHEREAS, the Mayor and Aldermen of the City of Savannah have heard and considered the petition of RB-CTV Savannah Hotel, LLC ("RB-C1V"), the developer of the proposed hotel development situated on property in the City of Savannah bounded by Williamson Street, Martin Luther King, Jr. Boulevard, Montgomery Street and West River Street, and known as 412 Williamson Street (the "Hotel Property"), for an agreement or agreements between RB-CIV and the City of Savannah whereby the City of Savannah would convey certain easements and encroachment rights with respect to certain limited portions of the aforementioned City of Savannah public roads that abut the Hotel Property in connection with 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 the construction of the proposed hotel on the Hotel Property; WHEREAS, the Mayor and Aldermen of the City of Savannah, pursuant to Official Code of Georgia Annotated Sections 32-7-3 and 32-7-4, and City of Savannah Charter Section 6- 105, has full power and authority to convey all or any part of property acquired by the City of Savannah for public road purposes, including any interest in such property, when such property is no longer needed for such purposes because of changed conditions or the particular street, lane, alley and/or way no longer serves the particular purpose for which said street, lane, alley and/or way was originally established; and WHEREAS, the Mayor and Alderman of the City of Savannah hereby find that the following portions of property that were acquired by the City of Savannah for public road purposes and that abut the Hotel Property (collectively, the "Abutting City Property") are no longer needed for such purposes because of changed conditions and no longer serve the particular purpose for which said streets, lanes, alleys and/or ways were originally established, thus making easements, encroachments and other real property interests in said following portions of property available for sale to abutting property owners: (i) a limited portion of the right-of-way of Williamson Street delineated as a Valet Parking Area on the plat marked as Exhibit A to this Resolution; (ii) a limited portion of the rights-of-way of Montgomery Street and West River Street delineated as a Cafe Seating Area on the plat marked as Exhibit B to this Resolution; (iii) a limited portion of the subsurface area located under the rights-of-way of Williamson Street and Martin Luther King, Jr. Boulevard delineated as a Permanent & Temporary Retention Wall Area on the plat marked as Exhibit C to this Resolution; (iv) a limited portion of the subsurface area located under the right-of-way of Montgomery Street delineated as a Subsurface Service Area & Building Foundation Areas on the plat marked as Exhibit D to this Resolution; (v) a limited portion of the surface and subsurface areas located on and under the rights-of-way of Williamson Street, Martin Luther King, Jr. Boulevard, Montgomery Street and West River Street delineated as a Pervious Brick Paving Area on the plat marked as Exhibit E to this Resolution; and WHEREAS, the Mayor and Aldermen of the City of Savannah hereby further finds that it would be in the best interest of the City of Savannah to enter into an agreement or agreements with RB-CIV conveying certain easements and encroachment rights to RB-CIV with respect to the Abutting City Property; NOW, THEREFORE, the Mayor and Aldermen in a regular meeting assembled make the findings stated above, and authorize the City Manager to enter into an agreement or agreements with RBCIV conveying certain easements and encroachment rights to RB-CIV with respect to the Abutting City Property (collectively, the "Easement Agreements"), subject to the following conditions: 1. The final terms of the Easement Agreements will be subject to approval of the City Manager; 2. The Hotel Property and the improvements will be constructed, owned and operated by RB-CIV, its successors and assigns; 3. RB-CIV will pay the City of Savannah the market value for the real property interests conveyed pursuant to the Easement Agreements, with such market value to be established 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 by an appraisal or appraisals accepted by the City Manager and/or by such other manner as is compliant with law and accepted by the City Manager; 4. Any existing utilities within the Abutting City Property that are required to be relocated will be relocated at the expense of RB-CIV, in accordance with plans approved by the City of Savannah; 5. The precise dimensions of the Abutting City Property will be determined by survey or surveys to be attached to the Easement Agreements, and will be supplemented by as-built survey or surveys to be provided to the City of Savannah and attached to the Easement Agreements upon substantial conclusion of the construction of the proposed hotel on the Hotel property, all at the expense of RB-CIV; 6. At the time the City of Savannah conveys to RB-CIV the real property interests identified in the Easement Agreements, RB-CIV, its successors or assigns, shall be the owner or the assignee of the owner of all of the property that abuts the Abutting City Property; and 7. The Easement Agreements will provide that the property interests and rights granted to RB-CIV under the Easement Agreements shall continue as long as RB-CIV, its successors and assigns, are utilizing the easements and encroachments to support and maintain the improvements located on the Hotel Property. The property interests and rights shall continue and RB-CIV, its successors and assigns, shall have the right to revise and modify the improvements located within the easements and encroachments in the event the improvements located on the Property are damaged, destroyed or otherwise demolished provided that the Hotel Property improvements are rebuilt or restored, terminate in the event RB-CIV, its successors or assigns, ceases to use the Hotel Property as hotel facility and related improvements. ADOPTED and APPROVED June 25, 2015. Resolution Concerning City Acquisition of Improvements Including Montgomery Street Stairway to be Constructed by Developer of Rockbridge Hotel. A resolution to authorize agreements with RB-CIV Savannah Hotel, LLC for the acquisition of certain improvements to the rights of way of Montgomery Street and Martin Luther King, Jr. Boulevard, including the Montgomery Street stairway and elevator facility and streetscape improvements to Martin Luther King, Jr. Boulevard, in connection with the development of a hotel facility to be situated at 412 Williamson Street, subject to the following conditions: 1. Final terms of the agreements will be approved by the City Manager; 2. The improvements will be constructed in accordance with plans and specifications approved by the City Manager; 3. The price the City will pay RB-CIV for the acquisition of the improvements will be the actual cost to RB-CIV to construct the improvements, including hard and soft costs, design fees and other costs approved by the City, though in no event shall the City be required to pay RB-CIV more than an aggregate amount of $2.6 million for the acquisition of the improvements without the approval of the City Manager and the Mayor and Aldermen. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried per the City Manager’s recommendation. 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 RESOLUTION TO AUTHORIZE AGREEMENTS FOR THE ACQUISITION OF CERTAIN IMPROVEMENTS TO THE RIGHTS OF WAY OF MONTGOMERY STREET, WEST RIVER STREET AND MARTIN LUTHER KING, JR. BOULEVARD, INCLUDING THE MONTGOMERY STREET STAIRWAY AND ELEVATOR FACILITY AND STREETSCAPE IMPROVEMENTS TO MARTIN LUTHER KING, JR. BOULEVARD AND WEST RIVER STREET, IN CONNECTION WITH THE DEVELOPMENT OF A HOTEL FACILITY TO BE SITUATED AT 412 WILLIAMSON STREET AND TO DECLARE THE SOLE SOURCE FOR THE IMPROVEMENTS WHEREAS, the Mayor and Aldermen of the City of Savannah have heard and considered the petition of RB-CIV Savannah Hotel, LLC (“RB-CIV”), the developer of a proposed hotel development situated on property in the City of Savannah bounded by Williamson Street, Martin Luther King, Jr. Boulevard, Montgomery Street and West River Street, and known as 412 Williamson Street, for an agreement or agreements between RB-CIV and the City of Savannah (the “Agreements”) whereby the RB-CIV would construct and sale to the City of Savannah certain improvements to the built on and under the rights of way of Montgomery Street, West River Street and Martin Luther King, Jr. Boulevard, including a stairway and elevator facility on and under the right of way of Montgomery Street for ingress and egress to and from West River Street and certain streetscape improvements on the rights of way of Martin Luther King, Jr. Boulevard and West River Street (collectively, the “Improvements”); WHEREAS, the Mayor and Aldermen of the City of Savannah has full power and authority to enter into the Agreements and to perform its obligations thereunder; WHEREAS, the Mayor and Aldermen of the City of Savannah hereby find that RB-CIV is the only one source for the design and construction of the Improvements; and WHEREAS, the Mayor and Aldermen of the City of Savannah hereby further find that it would be in the best interest of the City of Savannah to acquire the Improvements and to enter into the Agreements for that purpose; NOW, THEREFORE, the Mayor and Aldermen in a regular meeting assembled make the finding stated above and authorize the City Manager to enter into the Agreements, subject to the following conditions: 1. The final terms of the Agreements will be subject to approval of the City Manager; 2. The Improvements will be constructed in accordance with plans and specifications approved by the City Manager; and 3. The price the City of Savannah will pay RB-CIV for the acquisition of the Improvements will be the actual cost to RB-CIV, including without limitation, hard costs, soft costs, design fees and other customary costs approved by the City of Savannah to construct the Improvements, provided that in no event shall the City of Savannah be required to pay RB-CIV more than $2,600,000 for the acquisition of the Improvements without the approval of the City Manager and the Mayor and Aldermen of the City of Savannah. ADOPTED and APPROVED June 25, 2015. 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Resolution Concerning Easements and Encroachment Agreements for Plant Riverside Hotel Project. A resolution declaring that limited portions of West River Street and the surface and subsurface area of Martin Luther King, Jr. Boulevard, as generally shown on plats which are attached to the agenda, are no longer needed for public road purposes and no longer serve the particular purpose for which those streets were originally established, and authorizing the City Manager to negotiate easement and encroachment agreements with SRD, LLC (“SRD”) with respect to these limited portions of public road property to enable SRD to construct a hotel and related facilities on property abutting this public road property, subject to the following conditions: 1. Final terms of the easement and encroachment agreements will be approved by the City Manager; 2. The hotel property will be constructed, owned and operated by SRD; 3. SRD will pay the City the market value for the easement and encroachment agreements, to be established by an appraisal or appraisals (which appraisals give due consideration to the impact of restrictions on use of the easement property) accepted by the City Manager and/or by such other manner as is compliant with law and accepted by the City Manager; 4. Any existing utilities within the areas in which the easements and encroachments are granted that are required to be relocated will be relocated at the expense of SRD, in accordance with plans approved by the City; 5. The precise dimensions of the areas in which the easements and encroachments are granted will be determined by survey or surveys to be attached to the easement and encroachment agreements, and will be supplemented by as-built survey or surveys to be provided to the City and attached to the easement and encroachment agreements upon substantial conclusion of the construction of the proposed hotel and related facilities; 6. At the time the City conveys to SRD the easements and encroachments, SRD, its successors or assigns, shall be the owner (or the assignee of the owner) of all of the property that abuts the areas in which the easements and encroachments are granted; and 7. The easement and encroachment agreements will terminate in the event SRD, its successors or assigns, ceases to use as a hotel and related facilities the property that abuts the areas in which the easements and encroachments are granted. 8. The Easement Agreement concerning the MLK, Jr. Boulevard shall contain a reservation of pedestrian access between River Street and the Riverwalk to be constructed north of the Hotel Property, and a covenant by SRD to construct and maintain a park within such right of way in accordance with plans approved by the City Manager. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried per the City Manager’s recommendation. RESOLUTION TO DECLARE A LIMITED PORTION OF WEST RIVER STREET AND THE SURFACE AND SUBSURFACE AREA OF MARTIN LUTHER KING, JR. BOULEVARD AS SURPLUS AND AVAILABLE FOR SALE TO ABUTTING PROPERTY OWNERS, AND TO AUTHORIZE THE SALE OF CERTAIN PROPERTY RIGHTS, EASEMENTS AND ENCROACHMENTS IN SAID PROPERTY TO ABUTTING PROPERTY OWNER 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 WHEREAS, the Mayor and Aldermen of the City of Savannah have heard and considered the petition of SRD, LLC ("SRD"), the developer of the proposed hotel development of the historic Plant Riverside to be situated on certain tracts of property in the City of Savannah that abut West River Street and Martin Luther King, Jr. Boulevard, as more particularly shown on the attached plat (the "Hotel Property"), for an agreement or agreements between SRD and the City of Savannah whereby the City of Savannah would convey certain property rights, easements and encroachment rights with respect to certain limited portions of the aforementioned City of Savannah public roads that abut the Hotel Property in connection with the construction of the proposed hotel and related facilities on the Hotel Property; and WHEREAS, the Mayor and Aldermen of the City of Savannah, pursuant to Official Code of Georgia Annotated Sections 32-7-3 and 32-7-4, and City of Savannah Charter Section 6- 105, has full power and authority to convey all or any part of property acquired by the City of Savannah for public road purposes, including any interest in such property, when such property is no longer needed for such purposes because of changed conditions or the particular street, lane, alley and/or way no longer serves the particular purpose for which said street, lane, alley and/or way was originally established; and WHEREAS, the Mayor and Alderman of the City of Savannah hereby find that the following portions of property that were acquired by the City of Savannah for public road purposes and that abut the Hotel Property (collectively, the "Abutting City Property") are no longer needed for such purposes because of changed conditions and no longer serve the particular purpose for which said streets, lanes, alleys and/or ways were originally established, thus making easements, encroachments and other real property interests in said following portions of property available for sale to abutting property owners: a limited portion of the right- of-way of West River Street, as more particularly shown and delineated as the areas shaded in green on the plat marked as Exhibit A to this Resolution, and a limited portion of the surface and subsurface areas located on and under the right-of-way of Martin Luther King, Jr. Boulevard, as more particularly shown and delineated as the area shaded in green on the plat marked as Exhibit B to this Resolution; and WHEREAS, the Mayor and Aldermen of the City of Savannah hereby further finds that it would be in the best interest of the City of Savannah to enter into an agreement or agreements with SRD conveying certain property rights, easements and encroachment rights to SRD with respect to the Abutting City Property; NOW, THEREFORE, the Mayor and Aldermen in a regular meeting assembled, make the findings stated above, and authorize the City Manager to enter into an agreement or agreements with SRD conveying certain property rights, easements and encroachment rights to SRD with respect to the Abutting City Property(collectively, the "Easement Agreements"), subject to the following conditions: 1. The final terms of the Easement Agreements will be subject to approval of the City Manager; 2. The Hotel Property will be constructed, owned and operated by SRD; 3. SRD, its successors or assigns, will pay the City of Savannah the market value for the real property interests conveyed pursuant to the Easement Agreements, with such market 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 value to be established by an appraisal or appraisals accepted by the City Manager (which appraisals shall give due consideration to the impact of restrictions on the use of the easements), and/or by such other manner as is compliant with law and accepted by the City Manager; 4. The Easement Agreements shall contain, with respect to the easement over the surface areas located on the right-of-way of Martin Luther King, Jr. Boulevard, a reservation of pedestrian access between West River Street and the Savannah Riverwalk extension to be constructed north of the Hotel Property and a covenant by SRD to construct and maintain a park within such right of way in accordance with plans approved by the City Manager; 5. Any existing utilities within the Abutting City Property that are required to be relocated will be relocated at the expense of SRD, in accordance with plans approved by the City of Savannah; 6. The precise dimensions of the Abutting City Property will be determined by survey or surveys to be attached to the Easement Agreements, and will be supplemented by as-built survey or surveys to be provided to the City of Savannah and attached to the Easement Agreements upon substantial conclusion of the construction of the proposed hotel development on the Hotel Property, all at the expense of SRD; 7. At the time the City of Savannah conveys to SRD the real property interests identified in the Easement Agreements, SRD, its successors or assigns, shall be the owner or the assignee of the owner of all of the property that abuts the Abutting City Property; and 8. The Easement Agreements will provide that the property interests and rights granted to SRD under the Easement Agreements shall continue so long as SRD, its successors or assigns, use the easements and encroachments to support and maintain the improvements located on the Hotel Property. The property interests and rights shall continue and SRD, its successors and assigns, shall have the right to revise and modify the improvements located within the Abutting City Property in the event the improvements located on the Hotel Property are damaged, destroyed or otherwise demolished; provided that the Hotel Property improvements are rebuilt or restored. ADOPTED and APPROVED June 25, 2015. Resolution Concerning City Acquisition of Improvements including Riverwalk Extension to be Constructed by Developer of Plant Riverside Hotel Project. A resolution to authorize agreements with SRD, LLC for the acquisition of certain improvements to the Savannah Riverwalk and Bulkhead, the acquisition of certain property adjacent to the Savannah Riverwalk, and the removal and replacement of a storm drainage pipe within the right of way of Martin Luther King, Jr. Boulevard, in connection with the development of a hotel facility to be situated between West River Street and the Savannah Riverwalk, subject to the following conditions: 1. Final terms of the agreements will be approved by the City Manager; 2. The improvements will be constructed in accordance with plans and specifications approved by the City Manager; 3. The price the City will pay SRD for the acquisition of the improvements will be the actual cost to SRD to construct the improvements; 4. The price the City will pay SRD for the acquisition of the property adjacent to the Savannah Riverwalk will be the market value of said property, with such market value to be established by an appraisal accepted by the City Manager or by such other manner as 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 is compliant with law and accepted by the City Manager; 5. With the approval of the City Manager, the City may pay SRD for the acquisition of the property adjacent to the Savannah Riverwalk with certain property rights in a limited portion of the right-of-way of West River Street, provided that said property rights are of equal or lesser market value than the market value of the property adjacent to the Savannah Riverwalk, as established by an appraisal accepted by the City Manager or by such other manner as is compliant with law and accepted by the City Manager; and 6. In no event shall the City be required to pay SRD more than an aggregate amount of $11,400,000 for the acquisition of the improvements and the property adjacent to the Savannah Riverwalk without the approval of the City Manager and the Mayor and Aldermen, though for purposes of this limitation the market value of the property adjacent to the Savannah Riverwalk shall not be considered if the City of Savannah pays for the acquisition of that property in the manner provided for in paragraph 5 above. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried per the City Manager’s recommendation. RESOLUTION TO AUTHORIZE AGREEMENTS FOR THE ACQUISITION OF CERTAIN IMPROVEMENTS TO THE SAVANNAH RIVERWALK AND BULKHEAD, THE ACQUISITION OF CERTAIN PROPERTY ADJACENT TO THE SAVANNAH RIVERWALK, AND THE REMOVAL AND REPLACEMENT OF A STORM DRAINAGE PIPE WITHIN THE RIGHT OF WAY OF MARTIN LUTHER KING, JR. BOULEVARD, IN CONNECTION WITH THE DEVELOPMENT OF A HOTEL FACILITY TO BE SITUATED BETWEEN WEST RIVER STREET AND THE SAVANNAH RIVERWALK AND TO DECLARE THE SOLE SOURCE FOR THE RIVERWALK IMPROVEMENTS AND THE STORM DRAINAGE IMPROVEMENTS WHEREAS, the Mayor and Aldermen of the City of Savannah have heard and considered the petition of SRD, LLC (“SRD”), the developer of a proposed hotel development of the historic Plant Riverside to be situated on property in the City of Savannah between West River Street and the Savannah Riverwalk extension, for an agreement or agreements between SRD and the City of Savannah (the “Agreements”) whereby (i) SRD would construct and sale to the City certain improvements to the Savannah Riverwalk and Bulkhead (the “Riverwalk Improvements”), (ii) SRD would sell to the City of Savannah certain property adjacent to the Savannah Riverwalk and Bulkhead (the “Adjacent Riverwalk Property”), and (iii) SRD would remove and replace a storm drainage pipe within the right of way of Martin Luther King, Jr. Boulevard (the “Storm Drainage Improvements”); and WHEREAS, the Mayor and Aldermen of the City of Savannah has full power and authority to enter into the Agreements and to perform its obligations thereunder; and WHEREAS, the Mayor and Aldermen of the City of Savannah hereby find that SRD is the only one source for the design and construction of the Riverwalk Improvements and the Storm Drainage Improvements; and WHEREAS, the Mayor and Aldermen of the City of Savannah hereby further find that it would be in the best interest of the City of Savannah to acquire the Riverwalk Improvements and 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 the Adjacent Riverwalk Property and contract for the construction of the Storm Drainage Improvements, and to enter into the Agreements for that purpose; NOW, THEREFORE, the Mayor and Aldermen in a regular meeting assembled, with a quorum present and a majority of the Aldermen present and voting in the affirmative, make the finding stated above and authorize the City Manager to enter into the Agreements, subject to the following conditions: 1. The final terms of the Agreements will be subject to approval of the City Manager; 2. The Riverwalk Improvements and the Storm Drainage Improvements will be constructed in accordance with plans and specifications approved by the City Manager; 3. The price the City of Savannah will pay SRD for the acquisition of the Riverwalk Improvements and the construction of the Storm Drainage Improvements will be the actual cost to SRD to construct the Riverwalk Improvements and the Storm Drainage Improvements, including without limitation, hard costs, soft costs and other customary costs approved by the City, subject to the limitation provided in paragraph 6 below; 4. The price the City of Savannah will pay SRD for the acquisition of the Adjacent Riverwalk Property will be the market value of said property, with such market value to be established by an appraisal accepted by the City Manager or by such other manner as is compliant with law and accepted by the City Manager, subject to the provisions of paragraph 5 below and the limitation provided in paragraph 6 below; 5. With the approval of the City Manager, the City of Savannah will pay SRD for the acquisition of the Adjacent Riverwalk Property by conveying to SRD by quitclaim deed certain property rights in a limited portion of the right-of-way of West River Street, provided that said property rights are of equal or lesser market value than the market value of the Adjacent Riverwalk Property, as established by an appraisal accepted by the City Manager or by such other manner as is compliant with law and accepted by the City Manager; 6. In no event shall the City of Savannah be required to pay SRD more than an aggregate amount of $11,400,000 for the acquisition of the Riverwalk Improvements and the construction of the Storm Drainage Improvements without the approval of the City Manager and the Mayor and Aldermen of the City of Savannah, provided that for purposes of this limitation the market value of the Adjacent Riverwalk Property shall not be considered if the City of Savannah pays for the acquisition of the Adjacent Riverwalk Property in the manner provided for in paragraph 5 above. ADOPTED and APPROVED June 25, 2015. MISCELLANEOUS Reappointment of William Broker and Alderman Mary Osborne to the Chatham Area Transit Board. (Deferred from June 11, 2015 meeting) William Broker was reappointed to a five (5) year term ending July 1, 2020. Alderman Mary Osborne was reappointed to a one (1) year term ending July 1, 2016. Approved upon motion of Alderman Johnson, seconded by Alderman Bell, and unanimously carried. Aldermen Osborne and Thomas recused themselves from the vote. 19  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Historic Marker Recommendation- Kensington Park. The Historic Site and Monument Commission recommends approval of a request by the Kensington Park Neighborhood Association to erect a marker in Reynolds Circle off Reynolds Street. The marker will be constructed of sandblasted wood and sized 24 inches by 36 inches. It will be oval and read “Historic Kensington Park Est. 1952”. The neighborhood was recently designated as a Historic District on the National Register of Historic Places. Recommend approval for the Kensington Park Neighborhood Association to erect a marker in Reynolds Circle commemorating the historic character of the neighborhood with the conditions that the sign is located ten feet from the back of the curb and that an encroachment license is obtained. Recommend approval. Approved upon motion of Alderman Sprague, seconded by Alderman Johnson, and unanimously carried per the City Manager’s recommendation. Final Plat – Rivermoor Villas. Recommend approval of a major subdivision plat of Rivermoor Villas, Phase 4, being a portion of Tract B of Highlands Subdivision located at 170 Highlands Boulevard in District 1. The subdivision is comprised of 2.07 acres creating 12 single family lots and a private right-of-way. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague, and unanimously carried per the City Manager’s recommendation. BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Thomas, seconded by Alderman Osborne and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: Coffee Bluff Marina Geotechnical Expert Evaluation Services Consulting Agreement Amendment Number 2. The amendment is for $10,000 and changes the project total from $5,374.50 to $15,374.50. The expert consulting services are needed to provide additional services required to closeout outstanding issues related to the Coffee Bluff Marina. Recommend approval of Amendment No. 2 to Geotechnical Expert Evaluation Services in the amount of $10,000.00. Funds are available in the 2015 Budget, Capital Improvements Fund/Capital Improvement Projects/Other Costs/Coffee Bluff Fishing Pier (Account No. 311- 9207-52842-RE0309). Recommend approval. Authorization for City Manager to Sign and Administer through Sub-Grant Recipients Program Year (PY) WIOA 2015 Youth Grant Funds. The City of Savannah has received a “Statement of Grant Award” for Workforce Innovation and Opportunity Act Youth Program ($1,755,014) from the Georgia Department of Economic Development, Workforce Division ( GDEcD-WFD), which will provide year-round youth programs for the period of April 1, 2015 to June 30, 2017 to low-income youth between the ages of 16 and 24. Youth programs include work experience, occupational skills training, alternative secondary school services, tutoring and supportive services. Pursuant to the Coastal Workforce Services (CWS) Consortium Agreement, recommend approval to authorize the City Manager to enter into a Grant Administration Agreement with 20  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 sub-grant recipients in accordance with the City of Savannah’s procurement policies and procedures. The grant award totaling $ $1,755,014 provides funding for youth programs to a ten (10) county area, Region 12 that includes Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh and Screven Counties. Recommend approval. Coastal Workforce Services and Coastal Workforce Investment Board – WIA to WIOA Transition Contract for Georgia Department of Labor (GDOL). Authorization to enter into agreement with sub-recipient and grant administration was approved on January 22, 2015. The Georgia Department of Labor has held the Adult and Dislocated Worker Service Provider contract since the inception of the Workforce Investment Act of 1998. However, after a competitive bidding process for WIOA Adult and Dislocated Worker Services, Providence Community Services, Inc. d/b/a Ross Innovative Employment Solutions was selected as the new provider. As a result, GDOL’s contract will end on June 30, 2015. Upon a careful programmatic review and consultation with Coastal Workforce Services’ Workforce Development Consultant, the CWIB Executive Committee voted on May 28, 2015 to offer GDOL a 6-month Workforce Investment Act (WIA) of 1998 to Workforce Innovation and Opportunity Act (WIOA) of 2014 transition contract agreement totaling up to $300,000. The contract agreement will provide uninterrupted services to active and follow-up WIA participants, while Providence Community Services, Inc. d/b/a Ross Innovative Employment Solutions transitions into the 10-county region to provide complete WIOA services. Recommend approval of Transition Contract for Georgia Department of Labor in the amount of $300,000. Recommend approval. Tompkins Community Center Upgrades – Amendment No. 1 – Event No. 2325. Recommend approval of Amendment No. 1 to Kern & Co., LLC in the amount of $8,500.00. The original agreement was to provide design services for the Tompkins Community Center upgrades. This change is required due to unforeseen site conditions which will require modifications to the foundation design to include a ventilation system and to adjust the HVAC specifications for airflow. The original contract was approved by Council on August 22, 2014 in the amount of $154,000.00. The total of this amendment is $8,500.00 making the contract total $162,500.00. Recommend approval of Amendment No. 1 to Kern & Co., LLC in the amount of $8,500.00. Funds are available in the 2015 Budget, Capital Improvements Projects/Other Costs/Tompkins Community Center (Account No. 311- 9207-52842-PB0842). Recommend approval. Landfill Cover Material – Annual Contract – Event No. 3169. Recommend approval of an annual contract for landfill cover materials from ED Trucking in the amount of $825,000.00 and from ADRS Services, Inc. in the amount of $400,000.00 for a total amount of $1,225,000.00. The materials will be used to cover the landfill by the Refuse Disposal Department as is required by the EPD. 21  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 The vendors recommended for award were the lowest responsive bidders meeting specifications for the items being awarded. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. L.B. ED Trucking, LLC (Savannah, GA) (B) $1,290,000.00 L.B. ADRS Services, Inc. (Savannah, GA) (B) $1,293,750.00 SABE, Inc. (A) $2,137,250.00 Funds are available in the 2015 Budget, Sanitation Fund-Operating/Refuse Disposal/Other Contractual Service (Account No. 511-7103-51295). A Pre-Bid Meeting was conducted and three vendors attended. (A)Indicates local, minority owned business. (B)Indicates local, non- minority owned business. Recommend approval. Small Sedans – Event No. 3208. Recommend approval to procure three small sedans from Wade Ford Inc. in the amount of $44,907.00. The small sedans will be used to replace older units used by the Water Distribution, Development Services, and Property Maintenance Departments. The bid was advertised, opened, and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Wade Ford (Smyrna, GA) (D) $ 44,907.00 AutoNation (D) $ 45,714.00 JC Lewis Ford (B) $ 47,301.00 OC Welch Ford Lincoln (D) $ 49,257.00 Dan Vaden Chevrolet (B) $ 50,931.00 Funds are available in the 2015 Budget, Vehicle Replacement Fund/Vehicle Purchase/Vehicular Equipment (Account No. 613-9230-51515). A Pre-Bid Conference was conducted and one vendor attended. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non- minority owned business. Recommend approval. Police Pursuit Caprices – Event No. 3210. Recommend approval to procure eleven police pursuit Caprices from AutoNation in the amount of $314,457.00. The police pursuit caprices will be used to replace older units used by the Savannah-Chatham Metropolitan Police Department. The bid was advertised, opened, and reviewed. Delivery: As Requested. Terms: Net-30 Days. The bidders were: L.B. AutoNation (Fort Lauderdale, FL) (D) $ 314,457.00 Dan Vaden Chevrolet (B) $ 321,785.53 Funds are available in the 2015 Budget, Vehicle Replacement Fund/Vehicle Purchase/Vehicular Equipment (Account No. 613-9230-51515). A Pre-Bid Conference was held and one vendor attended. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. Recommend approval. 22  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Hydrated Lime – Annual Contract – Event No. 3215. Recommend approval to award an annual contract for hydrated lime to Greer Industries, Inc. in the amount of $177,000.00. The chemical will be used for water treatment by the Industrial and Domestic Water Plant. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Greer Industries, Inc. (Morgantown, WV) (D) $ 177,000.00 Lhoist North America (D) $ 179,000.00 Cheney Lime & Cement Company (D) $ 194,000.00 Mississippi Lime Company (D) $ 195,000.00 Carmeuse Lime & Stone (D) $ 223,100.00 Funds are available in the 2015 Budget, I&D Water Fund - Operating/I&D Water Operation/Chemicals (Account No. 531-2581-51323). A Pre-Bid Meeting was conducted and no vendors attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Mid-Size Sedans – Event No. 3240. Recommend approval to procure twelve mid-size sedans from AutoNation in the amount of $215,904.00. The mid-size sedans will be used to replace older units used by the Savannah-Chatham Metropolitan Police Department, Vehicle Maintenance, Water and Sewer Planning, and Buildings and Grounds. The bid was advertised, opened, and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. AutoNation (Fort Lauderdale, FL) (D) $ 215,904.00 O.C. Welch Ford Lincoln, Inc. (D) $ 237,180.00 Funds are available in the 2015 Budget, Vehicle Replacement Fund/Vehicle Purchase/Vehicular Equipment (Account No. 613-9230-51515). A Pre-Bid Conference was held and one vendor attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Weed Control Chemicals – Annual Contract Renewal – Event No. 3295. Recommend approval to renew an annual contract for weed control chemicals from Harrell’s, LLC in the amount of $27,499.83 and to Crop Production in the amount of $46,644.75 for a total amount of $74,144.58. Several of these items are maintained in inventory at the Central Warehouse; others are maintained in inventory at the Stormwater Management Department. The weed control chemicals will be used by the Stormwater Management Department and other City departments to facilitate the management of vegetation. The vendors recommended for award were the lowest responsive bidders meeting specifications for the items being awarded. Bids were received May 20, 2014. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net-30 Days. The bidders were: L.B. Harrell’s, LLC (Lakeland, FL) (D) $ 35,399.83 23  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 L.B. Crop Production (Greensboro, GA) (D) $ 78,252.75 Red River Specialties (D) $ 81,257.20 CWC Chemical, Inc. (D) $ 85,539.50 Funds are available in the 2015 Budget, General Fund/Stormwater Management/ Chemicals (Account No. 101-2104-51323) and Internal Service Fund/Inventory-Central Stores (Account No. 611-0000-11330). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Long Term Disability Insurance – Annual Contract Renewal – Event No. 3312. Recommend approval to renew an annual contract for long term disability insurance benefits from MetLife in the annual premium amount of $160,092.00. The City of Savannah offers group long term disability benefits to employees at no cost in an effort to help support their financial security. The method used for this procurement was the Request for Proposal (RFP) which evaluates criteria in addition to cost. The criteria used for this RFP was plan design and management, quality of administration and performance guarantees, experience and references, and financial terms. This is the second of four available renewal options. Proposals were originally received December 28, 2012. This proposal was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. MetLife (Atlanta, GA) (D) $ 160,092.00 The Standard (D) $ 166,957.00 The Hartford (D) $ 167,827.00 Funds are available in the 2015 Budget, Risk Management Fund/Disability/Purchased Insurance Premiums (Account No. 621-9808-52225). (D)Indicates non-local, non-minority owned business. A Pre-Proposal Conference was not conducted as this is an annual contract renewal. Recommend approval. Motorola Six-Month Service Agreement – Sole Source – Event No. 3330. Recommend approval to procure a six-month service agreement for the City's portable radio infrastructure from Motorola Solutions, Inc. in the amount of $102,945.12. This service agreement covers the support for all radios and dispatch equipment. This is a sole source because Motorola is the original provider of the equipment that is already in use throughout the City. It is critical to have maintenance and support from the original provider to ensure authorized, knowledgeable, and timely vendor support when and if necessary. Delivery: As Needed. Terms: Net 30 Days. The bidder is: S.S. Motorola Solutions, Inc. (D) $102,945.12 24  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Funds are available in the 2015 Budget, Internal Service Fund/Information Technology/Data Processing Equipment Maintenance (Account No. 611-1140-51251). A Pre-Proposal Conference was not conducted as this is a sole source procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. ESRI Maintenance Agreement – Sole Source – Event No. 3348. Recommend approval to procure a maintenance agreement from ESRI, Inc. in the amount of $33,400.00. The agreement will be used by the Information Technology Department and will provide ongoing annual maintenance for the ArcGIS System. The ArcGIS is a comprehensive system that allows staff to collect, organize, manage, analyze, communicate, and distribute geographic information. The system is used by numerous City departments for mapping and drafting plans for City projects. This is a sole source because this vendor is the original provider of this software. It is critical to have maintenance and support from the original provider to ensure authorized, knowledgeable, and timely vendor support when and if necessary. Delivery: As Needed. Terms: Net 30 Days. The bidder is: S.S. ESRI, Inc. (Redlands, CA) (D) $ 33,400.00 Funds are available in the 2015 Budget, Internal Service Fund/Information Technology/Data Equipment Processing (Account No. 611-1140-51251). A Pre-Proposal Meeting was not conducted as this is a sole source procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. Warning Devices and Decal Installation – Annual Contract Renewal – Event No. 3361. Recommend approval to renew an annual contract for warning devices and decal installation from West Chatham Warning Devices in the amount of $128,598.60. The warning devices and decals will be installed in Savannah-Chatham Metropolitan Police Department new emergency vehicles. Bids were originally received May 27, 2014. The bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidder was: L.B. West Chatham Warning Devices (Chatham County, GA) (D) $128,598.60 Emergency Technology (D) $155,649.36 Dana Safety Supply (D) $186,795.65 Funds are available in the 2015 Budget Vehicle Replacement Fund/Vehicle Purchases/Capital Outlay-Other (Account No. 613-9230-51590). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. Recommend approval. Savannah-Chatham Metropolitan Police Department Safety Training Center Design – Amendment No. 4 – Event No. 3363. Recommend approval of Amendment No. 4 to Kern & Co., LLC in the amount of $10,435.00. 25  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 The original agreement was for design services for the Savannah-Chatham Metropolitan Police Department Public Safety Training Center. This change is due to additional construction administration services provided by the consultant as a result of the contractor’s extension of construction time on the project. These fees will be charged to the contractor as liquidated damages to the project. The original contract was approved by Council on March 3, 2010 in the amount of $268,500.00. The total of all amendments to date, including this amendment, is $143,535.00, making the contract total price $412,035.00. This project is 100% complete. Recommend approval of Amendment No. 4 to Kern & Co. LLC in the amount of $10,435.00. Funds are available in the 2015 Budget, Capital Improvements Fund/Capital Improvement Projects/Other Costs/Savannah Public Safety Metroplex (Account No. 311-9207-52842- PB0836). Recommend approval. Coffee Bluff Marina Shore Power – Event No. 3124. Recommend approval to procure construction services from Pace Electrical Contractors in the amount of $180,283.75. The services will be used by the Leisure Services and Development Services Departments for the installation of shore power to the Coffee Bluff Marina docks. The M/WBE goal for this project was 4%, breakdown of 4% MBE and 0% WBE. The recommended bidder submitted M/WBE participation of 4.33% MBE being performed by Holmes Electric. The bid was advertised, opened, and reviewed. Of the four respondents, three satisfied the MWBE goal. Of those three, one failed to provide an original bid bond, and was therefore disqualified. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Pace Electric (Savannah, GA) (B) $184,800.00* OECI Electrical (B) $266,290.00 *Indicates that this project was value engineered to remove the fire pedestals and to add one additional shore power pedestal to the project. This resulted in the reduced contract price of $180,283.75. Funds are available in the 2015 Budget, Capital Improvements Fund/Capital Improvement Projects/Other Costs/Coffee Bluff Fishing Pier (Account No. 311-9207-52842-RE0309). A Pre- Bid Conference was conducted and one vendor attended. (B)Indicates local, non-minority owned business. Recommend approval. Approved upon motion of Alderman Thomas, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. Actuarial Experience Study – Sole Source – Event No. 3317. Recommend approval to procure an actuarial experience study from Segal Company in the amount of $40,000. An actuarial experience study is a useful tool for measuring the continued appropriateness of existing assumptions used by actuaries to value the City of Savannah Employees’ Retirement Plan. The 26  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Plan experience should be reviewed on a periodic basis to ensure the assumptions used in the valuation produce reasonable results. This review will consider data over the five year period of January 1, 2010 through December 31, 2014. The Plan’s actuary recommends that the assumptions be reviewed at least every three to five years for due diligence and to meet fiduciary responsibilities. The reason for this sole source is because the pension plan actuary is selected by the Pension Board as authorized by the plan document. Delivery: As Needed. Terms: Net 30 Days. The bidder is: S.S. Segal Company (Atlanta, GA) (D) $ 40,000.00 Funds are available in the 2015 Budget, Pension Fund/Pension/Actuarial Study Fees (Account No. 721-9201-52246). A Pre-Proposal Meeting was not conducted as this is a sole source procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. Approved upon motion of Alderman Sprague, seconded by Alderman Bell, and unanimously carried per the City Manager’s recommendation. The following announcements were made: Mayor Jackson announced beginning Friday, June 26 through Tuesday, June 30, 2015 the Georgia Municipal Association will host their Annual Conference in Savannah where over 2,500 attendees, their spouses and children will attend. She asked the community to thank them for coming to the City of Savannah if they are seen throughout the City. Alderman Osborne encouraged the citizens of Savannah to watch today’s Work Session where a presentation was given by the Savannah Chatham Metropolitan Police Department discussing many things that concern the community. Alderman Bell recognized the loss of Attorney Larry Lee, a prominent U.S. Attorney, past president of the Downtown Neighborhood Association and past Chairman of the Homeless Authority Board who passed in May. She wanted the citizens and his family to know Council is appreciative of the service he contributed to the community during his life. Alderman Johnson announced that Mayor Jackson will become the 1st Vice President of the Georgia Municipal Association during the conference, by next year she will become the President representing over 500 cities, which puts her in a position to be able to advocate for the City of Savannah. Alderman Thomas stated he believes Council needs a review and work shop on the Tree Ordinance recently passed. The new Wal-Mart development going in on Abercorn at Wilshire went to the site and took every tree except one down. There were representatives present that spoke to him and Mayor Jackson and stated all trees would not be removed. Alderman Thomas stated this is the second time this year his district has been impacted by deforestation to extents Council is allowing to happen. He has asked City Manager Cutter to address the issues and plans 27  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 to meet with her tomorrow but wanted the public to be aware of his displeasure and know what was going on. He continued stating the company will be building additional sites and every Alderman needs to be concerned about the development coming to their area to possibly prevent it from occurring in their districts. He believes City staff should have done a better job and the ball was dropped, he doesn’t think it is the role of Council to be cozy with developers, it is their role to help facilitate business in the community. The district Aldermen need to be notified and made aware when developers begin communicating with staff to bring businesses to Savannah. District 6 has felt the impact of Phase 5 Truman, Pruitt Health, the VA Hospital behind Savannah Mall and the Walmart site. Savannah brags about being Tree City U.S.A. but these actions are not true for the districts south of DeRenne. Alderman Thomas stated he would also like to see an active and engaged Park and Tree Department that goes back a year after developers receive approval to move forward that goes back to ensure the trees which are planted are still there, growing and living up to the plan agreed upon. Mayor Jackson suggested when negotiating contracts an aerial picture should be taken of all trees in the area that will be removed. She also suggested talking to the developers about the importance of our trees and what the expectations of the City of Savannah are. Alderman Thomas asked City Manager Cutter if the ordinance recently passed had a protection in it for specimen trees. City Manager Cutter replied yes. Alderman Thomas asked how it was possible for trees of that size to be removed. City Manager Cutter replied it is her understanding that the developer was compliant with the ordinance but referred to Gordon Denning, Park and Tree Director to respond any further questions. Alderman Thomas asked Mr. Denning if he approved the removal of the trees. Mr. Denning replied yes, what the developer will do is submit a set of plans in it is a demolition plan which notes every tree by size and each tree that will be removed with an “x”, once the plans are received the inspectors and architect go to the site to review it and make a summary of what is there at the time. Both the previous and current ordinance would have permitted this type of development because, of the trees assessed there were six Live Oaks on site, four of the six sat under the flood zone, for any development to occur on this site it would require two or more feet and in some instance eight feet of fill. The trees wouldnot survive the fill as you can’t put more than a few inches of soil on top of roots without having problems. The remaining two, one was abutted by utility easement and the other was on the backside of a house. When the trees were inspected individually by the inspector eighteen were found to be pine trees, many were water oaks and laurel oaks which are less structurally desirable as an oak, at that age and size they were starting to decline. A total of 53 trees were removed, 33 fell below the flood zone line and 19 were above it. The trees that were considered to be of any value were not exceptional but more in line of a specimen which is not protected by the new ordinance, they are mitigated for the removal. 124 large tree species will be planted which will be a combination of Florida Maple, Red Cedar, Southern Magnolia, Laurel Oak, Southern Oak, Live Oak and Bald Cypress, 17 medium and 103 small trees. Alderman Thomas stated he is disappointed that the ordinance allows property to be treated this way. He asked Mr. Denning if there is a different definition for specimen trees north of DeRenne Avenue and south of DeRenne Avenue. Mr. Denning replied no, the ordinance is unified for the entire city. Alderman Thomas said this would have never happened in areas north of DeRenne Avenue and he has never seen it happen anywhere like it has on the Southside of Savannah. Mr. Denning replied it could happen on any property. Alderman Thomas stated he does not have faith and confidence in the Park and Tree Department and would like to see a list tomorrow of the projects planned to be developed in the areas he represents to ensure the ordinance and rules are being followed equally throughout the City. 28  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING June 25, 2015 Alderman Thomas stated this is not an issue that needs to be ignored or that will be ended today and go away, it has been raised repeatedly about development and standards on the Southside that he has tried to get staff to understand. Mayor Jackson asked City Manager Cutter to take the matter under consideration, and inform Council of any procedures that need to be put in place. She asked that a meeting be scheduled with the developers when they come to Savannah to work the issue out. Alderman Thomas stated he would like to be in attendance at the meeting. City Manager Cutter reminded Council the ordinance was reviewed by the Park and Tree Commission it was a very thorough process and it wasn’t rushed, there is a review process which the development went through. As Mayor Jackson has requested the meeting will be facilitated with the developer. City Attorney Stillwell stated there were a few typos on the agenda in reference to the resolutions for the two waterfront developments for the Rockbridge and Kessler properties. The items deal with the City’s acquisition of the improvements from those two developers where they will take the risk and build the projects and then the City of Savannah will acquire the river walk from the Kessler Group and the stairwell and other street improvements from Rockbridge. The actual resolutions that will be in the minutes will be slightly different than what’s on the agenda in that there will be a finding that those two groups building the improvements are sole sources for doing the contracts because Kessler owns a portion of the property the River Walk is built on and Rockbridge owns a portion of the property to which the stairwell will be attached and River Street was left out of the narrative. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC Clerk of Council 29