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CITY GOVERNMENT
OFFICIAL PROCEEDINGS OF CITY COUNCIL
SAVANNAH, GEORGIA
PRESENT: Mayor Eddie W. DeLoach, Presiding
Aldermen Carol Bell, Julian Miller, Brian Foster, Bill Durrence ,Van Johnson, II, Tony Thomas, John Hall and Estella E. Shabazz
Rob Hernandez, City Manager
Bret Bell, Assistant to the City Manager
Brooks Stillwell, City Attorney
Jen Herman, Deputy City Attorney
ABSENT: William Shearouse, Assistant City Attorney
The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Pledge of Allegiance was recited in unison followed by the Invocation by Bishop Matthew M. Odum, Sr. of Temple of Glory Community Church.
Upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, unanimous approval was given for the Mayor to sign an affidavit and resolution on Litigation, Real Estate and Personnel for an Executive Session held today where no votes were taken.
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 October, 2018 the Council entered into a closed session for the purpose of discussing Litigation, Real Estate and Personnel. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session:
- The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified;
- 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;
- 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
- The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute.
ADOPTED AND APPROVED: OCTOBER 25, 2018 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried the agenda was amended to move items 45 and 46 under Presentations.
Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Continued to the meeting of November 5, 2018, due to a scheduling conflict.
Dr. Cheryl Dozier, President of Savannah State University, staff, and Homecoming Committee members appeared to receive the 2018 Homecoming Parade permit. Dr. Dozier, on behalf of Savannah State University, briefly discussed the history and mission of the university. She stated it is the oldest public institution in the City and the first public Historically Black College and University (HBCU). Dr. Dozier also highlighted some of the upcoming projects, Homecoming events for this weekend and named the 2018 parade marshals. She concluded by thanking Council and formally requesting the 2018 Homecoming Parade permit.
Upon motion of Alderman Hall, seconded by Alderwoman Shabazz, unanimous approval was given to grant the Homecoming parade permit.
The 2018 Savannah State University Homecoming Parade will be held Saturday, October 27 beginning at 9:00 a.m. Line up will be in front of the East Broad Street School.
Kevin Milton, Code Compliance Director, and staff appeared to receive a proclamation designating October as City of Savannah Code Compliance month. The Code Compliance Department was recognized for its overall service, as well as the commitment of the City’s code compliance officers in their daily work to ensure the quality of our community.
Mayor DeLoach presented the proclamation which read as follows:
WHEREAS: The Code Enforcement Officers provide for the safety, health and welfare of citizens living in communities throughout the City of Savannah through the enforcement of zoning, housing, property maintenance and other codes and ordinances; and
WHEREAS: The Code Enforcement Officers are dedicated, well-trained and highly responsible individuals who take their jobs seriously, are proud of their department and local government, and are committed to promoting life safety and improving neighborhood aesthetics in the course of their daily jobs; and
WHEREAS: The Mayor and Aldermen of the City of Savannah, acting on behalf of its citizens declare that October be set aside to honor and recognize our Code Enforcement Officers as an opportunity to highlight the contributions these individuals have made to the quality of our community, and to recognize the participation and dedication of Code Enforcement Officers who have contributed their time and expertise to the improvement of our community; and
WHEREAS: We recognize the many valuable contributions made by the Code Enforcement Officers throughout our City and extend our heartfelt thanks for their continued commitment to public service.
NOW, THEREFORE, I Eddie W. DeLoach, Mayor of the City of Savannah, do hereby proclaim the month of October 2018 as:
“CODE COMPLIANCE MONTH”
in Savannah, Georgia.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried. Aldermen Durrence and Johnson were not present for the vote.
Ron Ryland, 165 West Bay Street: I sent you a two page email, I will try not to repeat all of that.
Mayor DeLoach: It was to say you were not in favor of this, correct?
Mr. Ryland: It is.
Mayor DeLoach: I thought it was, I wasn't sure if that's what I read, but I picked up on that.
Mr. Ryland: The reason for it, well at least those of us who reside there think of the News Place as a particular jewel of the City. It was a special urban development, historic renovation, the development of the courtyard that goes from the hotel parking lot to River Street and Bay Street. We just think, and I speak on behalf of the residential owners association, that a package store attracts x number of people who will create problems and will create problems in the courtyard. As I said, I think that's implicit in the fact that alcohol package stores get licenses, donut shops don't. There's a different dynamic in the sale of alcohol. We quoted the ordinance that says you can look at the effect of the neighborhood, you can look at the effect on property values, you can look at the location and how that particular need is served. Mr. Patel owns a store two blocks up at 326 West Bay, Finnegan's is across the park in upper Factor’s Walk. So, this is not an unserved need and is a need that we think is not appropriate in what we see as a special part of Savannah and a part of a larger part of what I think is an improvement and a recognition that Bay Street is kind of the entrance to the City. So, that's why we've stated our opposition and the owners support that. Of course then the density map shows there's lots of other places. At least one of you was kind of enough to respond and say it's a legal use and we can't do anything and I am not a Georgia lawyer, but your ordinance allows you to look at the factors we discussed. None of you looks to me to be a rubber stamp or a potted plant and so I would implore you to look at the merits, is this something that will help Savannah or not? If you agree that this isn't really needed. If somebody wants to go up the street, that's fine. They can go across the street but not candidly under my bedroom, but it's not just about me there's 20 residences in my building, 20 over the courtyard. The courtyard is used by Starbucks and Ruth’s Chris. So, all of that I suggest to you says this is not good for Savannah, it's not good for the tourists that come to Savannah, and if you agree with that then I implore you to have the courage of your convictions and vote no. I can't believe you would get a lawsuit but if you do I think you could stand by your convictions. I guess I end by saying one thank you for your time, two thank you for the service I know this is a thankless tough job, but I suggest to you that this decision is one where the best interest of Savannah are served by rejection of the application. Thank you.
Gerald McCoy, President of the West building, News Place Condominium Association [Mr. McCoy is also a homeowner and member of the River Homes of News Place West Condominium Association]: I appreciate the Council's consideration of my comments and the comments of other community members in its consideration of this application. Prior to this application, the applicant gave no indication to any relevant board that it contemplated the use proposed in this application. On the contrary, since November 2017, the applicant has continually indicated its intended use as a restaurant. It is only through this application that the relevant boards learned of the applicant's contemplated contrary use. This has led to confusion and frustration within the community and concern amongst members. Accordingly, I do not believe it would be advisable for the Council to grant the applicant's permit at this time. Homeowner representatives to the respective boards have committed to an extraordinary in person meeting the first week of November to give thoughtful consideration to this matter and through our property management company have extended an invitation to the retail component owners and by extension to the applicant to meet the following week. The effectiveness of these forums should be given time to work before further steps are taken. I am certain that a Council decision to approach with due care and deliberation fundamental matters of community cohesion and defer action with respect to this application is in the best interest of all stakeholders. Again, I appreciate the opportunity to comment to the Council on this application and would be happy to discuss any questions the Council may have with respect to this matter. Thank you sir.
Alderman Miller: Can I ask him a question? Did I understand that you have requested meetings with the owners of the building and the operators and you haven't had a chance to have that meeting yet.
Mr. McCoy: Subsequent to learning of this contrary intended use, yes.
Alderman Miller: We have been given a copy of an email that was sent to the president of SavannahNA.org.
Mr. McCoy: I personally have never interacted with that organization. That is not necessarily to me that other members have not. But in conversations with both members of the relevant boards, there are five boards that are involved in the News Place Development. The retail component of the east building in discussions with those board members, the residential component and discussion with those members, as well as our relevant boards, and then there's the bridge between the Master Association, including they subdivided that unit, their neighbor to the east is Starbucks. They learned about the departure from a restaurant and the idea of a package store when I asked them if they were aware.
Alderman Miller: And that was when?
Mr. McCoy: Yesterday.
Alderman Miller: Thank you.
Alderman Durrence: What was the answer?
Mr. McCoy: They were not aware and I believe they dispatched one of their team leaders at the 135 West Bay Street location to this meeting to observe.
Alderman Hall: Can I ask someone, Ms. Jones… I just need to know what is the applicant's requirements for notifying them? Is it something different, is there some different notification, for them as it would be for any other applicant?
[City Manager Hernandez asked Ashley Simpson, Revenue Director, to come forward.]
Ashley Simpson: As part of the application process we do notify the neighborhood association that's registered with the City that the application is coming before Council. In this situation the registered neighborhood association is the Downtown Neighborhood Association. So, they would have received the email that's in your packet, which lets them know that the application is coming before Council.
Alderman Hall: Did you get a response from the Downtown Neighborhood Association?
Alderman Durrence: No, excuse me for jumping in here, but I just got a text from the Downtown Neighborhood Association that said no one had contacted them. Neither the petitioner nor the City.
Alderman Hall: Is it the applicant's responsibility, I don't think so.
Ms. Simpson: It is our responsibility as the City or it is the responsibility we take upon ourselves. It's not in the ordinance, but we believe that it is our duty to notify the neighborhood associations that are registered with the City that an application is becoming before Council in their district.
Alderman Johnson: Mr. Mayor, quick question, Alderman Miller, you quoted an email address, can you read that email address again?
[Alderman Miller responded president@Savannahdna.org]
Alderman Johnson: I thought you said, na and I thought that was incorrect.
Alderman Miller: I did leave out the d, I’m sorry.
Alderman Durrence: The text I got said no one had requested their participation. So, I don't know exactly, but they may not have gotten in the email. I have a question to ask you kind of in line with what I think with what John's asking though. This sounds like a leasing issue as much as anything to me and if this lease has been predicated on a restaurant and I don't know if anybody's here to speak for the leasing agent or the owner of the property, but my question would be if this use has been intended to be a restaurant all along and now it's changed, that should be a lease issue.
[Ms. Simpson replied she will allow the applicant to address his lease.]
Dhaval Patel, Petitioner: To answer that question. So, we actually started as a restaurant, kabobs and shawarma, but my business partner and chef who is in the military is getting deployed. So, we had to back off because my skills are in retail, I don't do restaurants. We reached out to the landlords and we negotiated to switch over to retail concept from the restaurant and the landlord has agreed to it once we get to the alcohol license.
Alderman Durrence: This petition says convenience store.
Mr. Patel: Yes sir.
Alderman Durrence: This is not just package store that you're talking about, this is a convenience store with beer and wine sale.
Mr. Patel: Correct. So the whole inventory would be craft beer and wine, that’s all.
Alderman Durrence: The percentage of beer and wine sales within a convenience store, Ashley, what's the limitations on that? In a convenience store operation I think there's a limit of how much of the sales can be beer and wine.
Ms. Simpson: The type of license the applicant has applied for is a package store, so it's not an ancillary license which would limit to the 25 percent.
Alderman Durrence: Okay, so this would be both a convenience store and a package store?
Mr. Patel: Package would be beer and wine only, no liquor. And I just received an email at 2:33 p.m. from…
Alderman Miller: While he’s looking for that, I'm confused over the information we were given. What is it that the City thinks we're doing here?
Ms. Simpson: So, the proposed use on the zoning item that you've got here says it is a proposed use convenience store that sells beer and wine by the package. That's the proposed use that the Zoning Department has commented on and it said that that would be permitted by right. However, it is a new use so it requires a CO. So, the license would not be granted until we have that CO in hand. The application that was presented to us is for a Class D retail package store for off premises consumption. The type of store that Alderman Durrence has referred to with the convenience store, if it's an ancillary license, it would require less than 25 percent of their sales come from beer and wine sales. For a retail package store that's not the case. So, we're licensing a Class D retail package store for beer and wine sales.
Alderman Miller: So, it is a convenience store and a retail package store that sells only beer and wine.
Ms. Simpson: Yes sir.
Alderman Durrence: It sounds like one of the concerns in a lot of the emails I've gotten that the residents have brought up is the potential use of that courtyard. One issue we've had with a lot of package stores and convenience stores is loitering outside of the store, as there's no consumption allowed in this. Generally as you go out of the store, you're still on the property and there's no consumption allowed there. This courtyard changes that dynamic a little bit. So, what rights or lack of rights will someone who bought a bottle of wine or a beer in that package store have to just go sit in the courtyard and consume it?
Ms. Simpson: Because of the open container district downtown I would believe as long as you did not have a glass package that you would be able to drink that package in the courtyard.
Alderman Durrence: Right, but is that private property.
Mr. McCoy: Perhaps more germane to my suggestion that the Council delay action is this property changed hands in or about August of this year. I believe the firm did acquire the retail component is a Los Angeles County, private CRE firm. They sent an email and letter to the board members on October 15th that characterized this package store as a quote gourmet store. We've had conflicting responses from the relevant parties in terms of clearly and concisely describing and characterizing what it is they intend to do. As community members, we are the front door of the largest subterranean parking structure in Savannah. Oftentimes the first introduction is when they exit one of the two entrances either into our courtyard or onto Bryan Street. The City has equities at stake in this and we want to be partners to our commercial neighbors, we’re oftentimes their best advocates. This is not a helpful foundation for building a productive and mutually beneficial partnership when it's entirely unclear.
Corporal Thomas, Savannah Police Department, ABC Unit: In reference to the alcohol being able to take it from his business to the courtyard, obviously the alcohol ordinance is going through some revisions, but I believe that it says that the alcohol has to be dispensed by an establishment with a license. So, even if you poured it into a plastic cup, it would be an open content. You can't pour your own drink even into a plastic cup, if I'm not mistaken.
Alderman Durrence: That’s right the ordinance says you actually have to carry it out in a plastic cup. You can't have something for refilling and you can't refill technically.
Cpl. Thomas: Right, you can't dispense your own alcohol.
Alderman Durrence: It sounds to me like you need some time to talk to this new ownership about this use.
Mr. Patel: At 2:33 p.m. we just got an email which states: The board of River Homes of News Place West, and the News Place West Building Board would like to schedule a meeting for either Monday, November 12th or Tuesday, November 13th. Please let us know which date would work. This was sent out to the landlords and it was cc’d to all the condo association members, and it was sent from Lanier Realty. I guess they manage your property?
Mr. McCoy: That's correct.
Mr. Patel: They just emailed saying that at 2:33 p.m.
Mayor DeLoach: Okay, what you are saying is that they want to have a meeting? So, we need to delay this.
Alderman Durrence: What’s the meeting dates they are asking for?
Mr. Patel: Either November 12th or 13th.
City Manager Hernandez: Mr. Mayor, staff would like to suggest that Council consider continuing this item until the November 20th City Council meeting, which occurs on a Tuesday and not Thursday.
Continued to the meeting of Tuesday, November 20, 2018, upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.
Alderman Miller: Mr. Mayor, while we're on this, this is yet another example where we ended up with an alcohol license request and we have so many obvious questions about it that should have been investigated by the staff before it ever got to us.
City Manager Hernandez: In what respect Alderman Miller?
Alderman Miller: Well, we weren't sure exactly what we had here, what kind of store it was, where the license was, whether the neighborhood association was contacted. I don’t know if you were paying attention, but there was a lot of confusion up here about what we were doing and I think that should be sorted out before it ever gets here.
Mayor DeLoach: I don’t necessarily agree with that. I think maybe we knew what we were doing, but everybody else had no clue what they were doing. You got five different associations in that one condo area and you've got Mr. Patel and he's got about four or five different businesses. She knew what they were applying for, but it has a description that’s seven miles long. So, you don't have any detail to be able to figure out exactly what you got. So, we have to get up here and sort through it. I don't know how you can, other than to have a 7-11 out there and they know what they are and you pass it. Other than that everything else is a mix of do it. I thought it was a package store, that’s what I thought. Then we got here and I found out its a convenience store. Well a lot of folks want a convenience store in downtown Savannah because there's only one over there and that’s CVS, if you want to try to find something. So, is that good, bad or indifferent? I don't know, because I haven’t been in his store. Have you all visited his store?
Mr. McCoy: Yes, sir I have and I know he’s affiliated with at least three. One on the corner of Drayton and Broughton, another is on West Broughton and the third is on the [inaudible] corner of West Bay and Jefferson.
Mayor DeLoach: Well we're going to come back on the 20th, you don't have to worry about anything now. When we come back on the 20th maybe between now and then we can all get it sorted out and move from there.
Alderman Johnson: One of those stores is supposed to be closing down, right?
Mr. Patel: Yes, the location at 326 West Bay Street. The hotel next door was sold about a year ago and right now I'm actually on a month to month lease, even though my lease has about a year and a half left. So, I can get a notice tomorrow morning saying that you got 60 days to leave. So, I would have to either move the license and this scenario is basically, I'm trying to get this answer for the other license as soon as I have it I’ll move from the other location.
Mayor DeLoach: Like I told you when I talked with you, would you like to have a package store underneath your house?
Mr. Patel: It's not a package store.
Mayor DeLoach: That’s what I had, and I just don't think there's many people that are going to line up wanting to buy a home that has a package store under it.
Mr. Patel: But I already have a license on which I can move.
City Manager Hernandez: I just want to clarify for the record, this is a request to transfer an existing Class E license, which is for ancillary retail package store. The applicant plans to continue to operate as a convenience store.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderwoman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
Continued to the meeting of January 3, 2019, upon motion of Alderman Johnson, seconded by Alderwoman Shabazz, and unanimously carried per the petitioner's request.
Continued to the meeting of January 3, 2019, upon motion of Alderman Johnson, seconded by Alderwoman Shabazz, and unanimously carried per the petitioner's request.
Marcus Lotson, Metropolitan Planning Commission: Briefly, you all heard this item before you, I believe it was at the September 27th meeting. At that time Council moved to continue the public hearing. I believe the applicant subsequently requested an additional continuance and may have had some neighborhood engagement since that time. What they are requesting at the property at 1650 Victory Drive was a use approval under the current zoning of that property, which is PUD-IS-B. Under that zoning classification, there are a number of uses that are permitted by right. They include art galleries, museums, theaters, churches and schools. There's also a provision within that portion of the ordinance that allows other uses to be approved by the Mayor and Aldermen as requested by the property owner. In this case, they are requesting an assembly hall, which is use number 20A of the zoning ordinance. The Planning Commission's recommendation was that the use be approved and added to the list of approved existing uses on the site, with the condition that a maximum occupant load be established of 156 persons. That was based on the parking requirement for assembly halls and the number of spaces that could be established on that property.
Alderwoman Bell: I have a question of the petition Mr. Mopper. When you were here before we asked that you meet with the residents, did you do that?
Dicky Mopper, Petitioner: I did, I personally hand delivered invitations to all of the residents that surround our property. There were about 50, 60 houses and I took an invitation inviting them to join me for coffee and donuts anytime Sunday from 12 to 5 and out of all of the residents two showed up.
[Alderwoman Bell asked him to repeat the number of attendees.]
Mr. Mopper: Two. I did meet a few on the street, there was one neighbor who was opposed to it. In fact, she told me she had reached out to some of the aldermen before. Her biggest concern is overflow parking that might end up on her street. It's not the parking that she's worried about, they don't have sidewalks and what she wants more than anything else is sidewalks. She says if someone parks in front of her house, she has to walk in the street, and that's her major concern. I am going to reach out to her and see if there's a way that I can work with the neighborhood and work with the City to try and see if there are SPLOST funds or any other ways that they can get sidewalks.
City Manager Hernandez: Can I ask a question of the petitioner. Can you tell me again what street the sidewalk concern was on?
Mr. Mopper: Yes sir, her concern is on Oleander.
Mayor DeLoach: She's been looking for a sidewalk since 1939, because they haven't had one there. She works for the Housing Authority.
Mr. Mopper: She does, she works for the Housing Authority. First of all, at the last meeting I think there was a little bit of confusion. One of the issues was a study that I think the Mayor and Aldermen had requested the MPC to do on the area on Victory Drive where our store is and I'd like to get Marcus to address that because I did reach out to him. The study that they're doing and I’m not putting words in his mouth, if I say it wrong, I'm sure he'll correct me. The study they're doing would not affect the use that we're requesting and there's no reason that we should have to wait for that.
Alderman Miller: Clarification, if I could take just a minute. As I understand it, which I did not understand before, we're not asking for a rezoning, we're not asking for a variance, everything was approved here. You could have a school here, you could have a church here, but certain uses can be permitted only by City Council and one of them is an assembly hall?
Mr. Mopper: Correct.
Alderman Miller: And your intention with the assembly hall is to do what?
Mr. Mopper: Primarily it will be for events, mostly for weddings, and it's going to be in our courtyard, which is a beautifully landscaped oasis with a koi pond and is really probably one of the prettiest gardens in all of Savannah and that's where we'll be doing it. It will occasionally use a tent and so it's not going to take the place of our antique shop, which will be a regular business. We also agreed that none of our events could go beyond 10:00 at night. So, that we don't disturb our neighbors.
Alderman Durrence: That reminded me, in the recommendations that MPC made I think 9:00 was the recommendation, wasn't it?
Mr. Mopper: I think it was 10, it's 10.
Hearing closed upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderwoman Bell, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson and Thomas. Aldermen Hall and Shabazz voted against the motion.
Marcus Lotson, Metropolitan Planning Commission: Mr. Mayor, members of Council, there's a very long story here that I will try not to tell in every detail in this meeting. There are a number of properties that were submitted for rezoning to the Planning Commission. These properties include the 1 West Victory property, the existing multifamily development on the south side of Victory Drive. They also include all the properties between Victory Drive, 44th Street, Barnard Street and Montgomery Street. The petitioner had requested that all those properties be rezoned to the RIP-D classification for the purposes of establishing residence halls for the Savannah College of Art and Design. Initially, the MPC staff's review of it brought up a lot of questions and concerns about what was being proposed at that time. Fast forward after numerous meetings with SCAD representatives, our staff and director, the idea came to add those properties into the Mid-City District. The reason for that is that there is a design review within that district that does not exist outside of the district, the current Mid-City boundaries in that Victory Drive. So, essentially what we proposed is that that boundary be extended, south of Victory Drive, to include these properties between Bull Street and Montgomery Street. This is the former or the current Mickey's Liquor Store, convenience store, all the properties down to Bull Street, including 1 West Victory Drive. In order to do that we needed to make certain amendments to the Article K, which is the Mid-City Zoning District. We outlined those amendments in the report that's before you, and we also recommend that all those properties be rezoned to the TC-2 zoning classification, that's a classification that exists within Mid-City. This would permit the use that the petitioner is proposing which I'm sure he will describe in some detail, but the changes that were proposed would only apply to the properties that exist on the south side of Victory between Montgomery Street, 44th Street and Bull Street. If there's any additional questions, I'll be happy to answer them.
Alderman Johnson: I guess the thing that is interesting to me here is that obviously there's major development going on and it’s in the midst of a neighborhood that's traditionally had neighborhood friendly or neighborhood related types of uses and this drastically changes that. I think we've had some times before where we've asked for some type of master planning to understand what the future thoughts were as it relates to the sprawl. This kind of shows the direction where you're going. But I guess my concern is about the effect of everything around it. Obviously the petitioner or whomever wouldn’t necessarily care one way or another about what's happening beyond that. These are not necessarily college communities, these are neighborhoods. So, I'm wondering if this kind of institutionalizes gentrification in which we're helping to do it by allowing these types of things to occur.
Mr. Lotson: Well, one of the things that we begin to realize over the last several years is that this part of the City in general is experiencing extreme pressure from a development and redevelopment standpoint. You've seen a number of large scale developments occur in the Mid-City District over the last few years in the boundaries and just outside the boundaries of the district. The zoning ordinance as it's currently written, is difficult to apply to those developments of that scale. As you said, that particular neighborhood is more typical as it relates to smaller scale buildings. There are a number of civic monumental buildings that exist in that district that have been there for many, many years. But new development, the scale of it concerned us and that's one of the reasons why we made the recommendation we did to bring it into the Mid-City District because the review process is far more stringent than it would be under a base zoning classification.
Alderman Johnson: To include site planning?
Mr. Lotson: To include both site planning and the vertical aspects of the building. There's a specific development plan process that will have to take place if this goes forward that would include review of the site plan and the elevations of any buildings that are going to be proposing in that location.
Alderman Johnson: Because ultimately I don't want the neighborhood to become ancillary to the college.
Mr. Lotson: Right.
Alderman Johnson: And I just see kind of where this is going and it's concerning.
Mr. Lotson: I would like to add that the proposed changes that we made are specific to the area that we're talking about in this petition. And the reason for that is because they do abut major arterial corridors. We would not recommend something like this within the interior of the neighborhood, but felt like Victory Drive and Montgomery Street could take some additional development.
Alderman Johnson: And ultimately once these projects are finished, what is left there for the community or what is of the communities benefit other than now institutions with walls and things to keep people out, but yet, these neighborhood are still around.
Mr. Lotson: And that was definitely a question we raised to the applicant in our series of meetings and I'm sure they'll address that today.
Alderman Johnson: Major concerns of mind.
Alderman Durrence: A couple of things. One, partly to address Van’s concern, the bulk of that neighborhood right now is I-L, right light industrial?
Mr. Lotson: That's right, many of the properties that are associated with this rezoning request are zoned light industrial. They were a part of the Guerry Lumber property that backs up to this.
Alderman Durrence: So, that would actually allow a more intensive use than this without some requirements and site design and all that this provides. So, this is actually compared to what's there now, this is actually more protection.
Mr. Lotson: There are more protections that would be added based on the language that the Planning Commission recommended.
Alderman Durrence: I would just suggest that a benefit to the neighborhood there is right now it's not much of a neighborhood in terms of a lot of activity. This many people, residents in that neighborhood, means that you're going to see a lot more commercial redevelopment along that corridor too. So, shops, cafes, that sort of thing. So, I mean I think that there's a benefit that you could get from that. My question is actually something entirely different and I just want to reiterate my point that somewhere along the way we have to delineate between these three TC-2 zones that we're creating. I mean, we've got two now, and if we pass this, it'll be a third. The primary difference being the size of the maximum footprint allowed. For clarity sake, I think we need to make a distinction, even if it's nothing more than TC, a, b, and c, we need to make some kind of distinction in these things because the size of that footprint is substantially different between the original and what we've done recently and then this request.
Alderwoman Bell: I guess my question, it's sort of more of a comment than a question. It appears to me, and its reiterating comments that Bill made. It appears to me that the proposed use may be more appealing, especially along Victory Drive and that particular area, than what's there now. But my question I guess is of the 14 parcels, how many of them are truly residents?
Mr. Lotson: Active residences, they only exist on 44th Street. There are a couple on 44th Street that the applicant has acquired, but they were residences on 44th Street, but there were no other residential uses.
Alderwoman Bell: Two properties on 44th were residences.
Mr. Lotson: Correct.
Alderwoman Bell: Perhaps that's for Alderman Johnson's comment
Mr. Lotson: The other buildings in the area, include the church and some commercial buildings.
Alderman Johnson: The Old Jerusalem.
Mr. Lotson: It's between 44th and Victory Drive.
Alderwoman Shabazz: It’s not going down that far to the Old Jerusalem. But there is a church the old Victory Deliverance.
Mr. Lotson: That's the name of it.
Alderman Miller: So, does this rezoning request include the lot on the corner of the one we had a picture of.
Mr. Lotson: Yes, it does include that lot. That's I believe 2514 Montgomery Street. It does include that property as well.
Mayor DeLoach: That’s Mickey's, that’s the most active thing over there.
Alderwoman Shabazz: I know Mr. Yellin probably wants to say something, but I don't know if it's necessary Mr. Mayor at this time for him to say anything. I'd like to make a motion due to the fact, let me just speak on this for a second because this is in the Fifth District. I am totally in favor of what is going on, especially due to the fact that we are including the extension or the expansion of the Mid-City District boundaries so that we can have better controls, better reviews, better building standards that SCAD must abide by in reference to the Mid-City District ordinance. So, in reference to the neighborhood, which is inside of these boundaries and I don't want anyone to think that there is gentrification or industrial gentrification, I think I heard that word that is happening in these particular blocks. What is happening is that we have a situation that I've been talking with the City Manager and our Police Chief about. There in that area exists a heightened amount of homelessness and blight in that area. The old Mickey's has gone down tremendously in property value and all of the situations that happened in that area is very, not wanted on that corner and on that block going to West 44th Street. So, with this construction and development that SCAD is getting ready to do in that particular area, the area in which we're talking about with the neighborhoods, because I want to make this clear that unless someone is going to tear down homes or tear down the senior citizen building, or tear down anything that's listed there, there isn't any more room to build anything. So, I don't believe that anything is going to happen with the interior of the neighborhood. So, I am for this, just like with 1 West Victory, the blight was taken away and the same thing is going to happen with this.
Alderman Hall: I wholeheartedly agree with Councilwoman Shabazz and I would just hope SCAD would look to the north on that corner and buy that stuff over there and redevelop that.
Alderman Foster: I’d like to ask the petitioner a question please. You gave this to us? Is this your drawing?
Attorney Harold Yellin (Agent for the petitioner): I did not draw it myself. I did place that on everyone's desk because it is for illustrative purposes only. I wanted to show you the corner that's coming down and what we're looking to build and that's been part of and I'm not going to give you my full presentation. What I do want to tell you all is this, we worked really hard with MPC staff. Y'all thanked them earlier and we should probably thank them again. What we petitioned for and what we have now are very different and it's because we worked together to get to this result. So, I personally want to thank staff. But that's what we're aiming for Mr. Foster, that's exactly what we're looking for.
Alderman Foster: But it's going to be similar in the size of it?
Attorney Yellin: As part of our negotiations with MPC staff, we originally wanted something taller, but we have actually agreed to keep the building four stories on Victory Drive. We can go five stories if we push back 20 feet, recess it and that language which restricts our height is embedded in the ordinance that you're about to approve. So yes, we are limited by height specifically in this ordinance to something that will look like that.
Alderman Foster: Any parking on site?
Attorney Yellin: We also have parking and I don't get to say this very often. We actually have too many parking spaces. So, given the Mid-City requirements, we have onsite and offsite street parking. We have more than enough parking and that does not even include our transportation system which carries 10,000 students a week, it does not include the 200 bike racks, and it does not include our bike share program, I’m sure you've seen our yellow bikes all over the City. So, we're very comfortable and we are looking forward to being a part of this neighborhood.
Alderman Foster: Well, one of the things that I feel good about is the fact that with this going in there and I know how SCAD takes care of their properties and their neighborhoods so I'm sure that's going to enhance that neighborhood in that respect. I'm sure there's not going to be a package store onsite, so that's a good thing.
Attorney Yellin: The one that's there is actually coming down.
Alderwoman Shabazz: Before we do that, can Mr. Yellin just put up this architectural rendering that you gave to us so the public can just see the architectural rendering that you have.
Hearing closed upon motion of Alderwoman Shabazz, seconded by Alderman Johnson, and unanimously carried.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Miller, and unanimously carried.
Alderman Miller: What does that mean, rezoning 1 West Victory, because that's an established building?
Attorney Yellin: We're trying to come up with a unified zoning ordinance for the entire area, so it would govern now and it would also govern for any future improvements to the site as well.
Alderman Miller: Does it allow anything that's not there now?
Attorney Yellin: It's just to be an all inclusive unified zoning ordinance that will carry from Bull to Montgomery.
Alderman Miller: Do you agree with that Mr. Lotson?
Mr. Lotson: I do.
Hearing closed upon motion of Alderwoman Shabazz, seconded by Alderman Johnson, and unanimously carried.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Miller, and unanimously carried.
Hearing closed upon motion of Alderwoman Shabazz, seconded by Alderman Johnson, and unanimously carried.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Miller, and unanimously carried.
Alderwoman Bell: So, my comment is that Mr. Yellin I'm in favor of the project. I certainly think it from an aesthetic perspective, it certainly is better than what's there now and I think it will do well for that particular section of the City. However, just in discussion with some of my colleagues, particularly with staff, I do think there is a concern about the continual effort of removing properties like this from tax rolls. So, I would suggest and I think there is probably going to be some discussion not for this project, but down the road with the universities because I don't necessarily think this will stop with SCAD. But I think that there may be some opportunities to have discussions regarding some payments in lieu of taxes.
No Action Required.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Alderman Johnson: Mr. Mayor, members of Council, I just wanting to hold this out just to lift it up. This is to procure historic preservation consultant services as we continue to look at historic neighborhoods such as Cuyler/Brownsville to help us with our data collection.
Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried per the City Manager’s recommendation. Alderwoman Shabazz was not present for the vote.
Alderman Hall: Mayor and Council, item 25, this is to procure playground equipment for the Holly Heights area. This park is located off of DeLesseps Avenue on the eastern side of the Truman Parkway. That's an area that has had a lot of FEMA lots in it and we are going to develop that into a first class park, with neighborhood gardens and lighting.
City Manager Hernandez: If I may point out Alderman Hall, this is a SPLOST funded project.
Approved upon motion of Alderman Hall, seconded by Alderman Miller, and unanimously carried per the City Manager’s recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwoman Shabazz was not present for the vote.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
Alderman Johnson: We're continuing to grow in the Highlands and I lift this up every time we have anything regarding water and sewer agreements because as there are people, there's a need for City infrastructure for people to get to and fro safely, and for emergency services to get in and out of those areas. So, I'm just reminding Council that we have the fastest growing part of our City in that area.
Approved upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
Withdrawn per the petitioner's request.
City Manager Hernandez: Mr. Mayor and members of City Council, this item before you is a request from staff to lease 2.1 acres of land immediately adjacent to your existing Northwest Precinct. Essentially, it's the plot of land between the precinct and the viaduct. This will allow us an opportunity to have a formal parking area for motor coaches that will bring passengers to the downtown area. It would also serve as overflow parking for the Northwest Precinct and also for downtown parking as well. So, we recommend approval.
Alderman Johnson: My only concern is traffic ingress and egress onto the site. Secondly, about motor coaches in particular, idling over there, which obviously causes a lot of pollution in the area and I will be very concerned about how we address and police that particularly during very busy times. You could literally have a bunch of buses over there running and we have, there's a neighborhood adjacent to that site. So, as long as you can put some restrictions into how that’s managed and it does not become obstructive to the folks moving in and out of the neighborhood.
City Manager Hernandez: We'll certainly take a look at possibly coming up with a vehicle idling policy.
Alderman Johnson: I think what happens is motor coaches come in like we do in the city. They sit there and they just run and so obviously maybe not one is not a problem, but when you have 20, it becomes an issue.
Approved upon motion of Alderman Foster, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Thomas, and unanimously carried per the City Manager's recommendation.
City Manager Hernandez: Mr. Mayor, if I can just make a comment on this particular item. This kind of goes to Alderman Johnson's point earlier about the need for additional infrastructure in the area known as the Highlands. This particular item will allow the County to move forward with a project to extend Benton Boulevard northward into Port Wentworth. But also as a result of this, as you'll see in your packet, the County has committed to funding the design associated with widening Benton Boulevard from two to four lanes. The City currently has an initiative to do that on a portion of Highlands, we will need to continue to look at the portion on Highlands that is not covered by this. But I just want to let Alderman Johnson know that we in fact are moving forward at least with the County and our development partners out there to address some of those infrastructure issues.
Approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.
Alderman Thomas: Mr. Mayor, on item number 43, this is a motion to approve the naming of a park at the intersection of Norwood Road and Elder Court in Windsor Forest for a gentleman named Thomas Fulton, Jr. We will be doing that in the morning at 10:00 a.m. I know that there's a threat of some shower. So, we would like to invite the public if they want to attend at 10:00 a.m. in the morning to celebrate the life Thomas Fulton, Jr. Mr. Fulton was a board member of the Windsor Forest Neighborhood Association in the very early 2000’s. When I came on Council, Tom Fulton was my appointee to the Park and Tree Commission at the time and he served, through many years and many terms with Park and Tree. I credit Tom with the oaks that we have, that are there now in the medians of Largo Drive and Windsor Road. We have thousands of trees that have been planted across the City that he championed. But just in that one neighborhood, there are hundreds of trees that have now become quite a beautiful growing tree canopy. If you look at the oaks today on Windsor Road and Largo Drive and you look at the intrinsic value and beauty that they've added to those two drives in that major neighborhood. But if you look at economic value, each of those oaks has a value of somewhere between 10 and 20,000 dollars. The contribution of those oaks and his legacy have left an impression of millions of dollars’ worth of value to our neighborhoods. So, tomorrow we will dedicate ironically on what would have been his 96th birthday, October 26th, we will dedicate a park at 10:00 a.m. His wife is still living and she will be at the location. So, we're very proud on behalf of the Windsor Forest Neighborhood Association and residents and myself to be able to name this park after Tom Fulton, Jr.
Approved upon motion of Alderman Thomas, seconded by Alderwoman Bell, and unanimously carried.
[Mayor DeLoach thanked the Park and Tree staff for the great job of trimming the trees up along Windsor and Largo stating it really looks outstanding.]
Alderman Foster: I'd like to commend the City Manager for the time and effort that he and City staff have put into renegotiating this agreement, its taken a number of months, I'm fully aware of that. But the public needs to know that as a result of this agreement that funds have been made available through this convention per occupied room fee to fund the holiday decorations in the City and 4th of July fireworks among other things and we will have funds available to clean the streets and the sidewalks downtown. The City Manager has worked very hard on that because we had a hard time finding those funds in the general fund. So, Mr. City Manager, would you like to correct anything I said?
City Manager Hernandez: No, Alderman Foster, you are right on the money. I have nothing else to add. This was a collaborative effort amongst CAT, SAMMI (Savannah Mobility Management, Inc.), the Chamber of Commerce and the City to resolve a bunch of issues that were facing all of us.
Approved upon motion of Alderwoman Bell, seconded by Alderman Hall, and unanimously carried per the City Manager's recommendation.
Representatives of the Chatham Retired Educators Association appeared to receive a proclamation designating November 4, 2018 as Georgia Retired Educators Day in recognition of the contributions of retired educators to the betterment of citizens in our community. Reverend Chester Ellis, president of the Association, thanked Council on behalf of the 15,000 retired educators living in Chatham County and invited everyone to join them on November 4th at St. Matthew’s Episcopal Church for their morning worship service celebrating retired educators.
Mayor DeLoach presented the proclamation which read as follows:
WHEREAS: More than 127,000 retired educators have devoted their time, energies, and talents to public education, providing the academic development of millions of outstanding Georgia citizens; plus 29, 300 of whom are members of Georgia Retired Educators Association; and
WHEREAS: The retired educators of Georgia donate thousands of hours of volunteer hours and make invaluable contributions to the welfare of their respective communities across the state; and
WHEREAS: It is appropriate that a day be designated for citizens to express their appreciation for the contributions that retired educators have made and continue to make for the betterment of human lives and for society; and
WHEREAS: Local churches will recognize those lasting contributions made by retired educators in this community.
NOW, THEREFORE I, Eddie W. DeLoach, Mayor of the City of Savannah, do hereby proclaim November 4, 2018 as:
“Retired Educators Day”
in Savannah and call upon the citizens of this community to observe that day in an appropriate manner honoring retired educators.
Marcus Lotson, representing the Chatham County-Savannah Metropolitan Planning Commission (MPC), appeared to receive a proclamation declaring the month of October as Community Planning Month in Savannah in recognition of the importance of planning and the participation and contribution of planners to the improvement of the City of Savannah. Mr. Lotson thanked the City on behalf of the MPC Chairman and MPC Director and took the opportunity to recognize all of the MPC staff who work with him on City planning issues.
Mayor DeLoach presented the proclamation which read as follows:
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, rural areas, and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and
WHEREAS, the full benefits of planning require public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and
WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the professional planning community, the Metropolitan Planning commission and other citizen planners who have contributed their time and expertise to the improvement of the City of Savannah.
NOW THEREFORE I, Eddie W. DeLoach, Mayor of the City of Savannah, do hereby proclaim the month of October 2018 as:
“Community Planning Month”
in Savannah and urge local citizens to join me in saluting the Metropolitan Planning Commission as they celebrate Community Planning Month in conjunction with the celebration of National Community Planning Month.
Announcements
Alderwoman Bell commended Alderman Thomas and City staff for the success of Windsor Park which was officially dedicated this week and called it one of the finest parks we now have in the City. She said it is unique in that City staff performed most of the work and it is the vision of the Sixth District alderman. She is impressed that there are twenty-five different species of trees and over 400 trees in the park. It is really a wonderful City asset.
Alderman Thomas echoed those comments and also wanted to thank City Council for helping to move these types of projects forward. This park will be great for the City and will outlive all of us. He expressed his thanks to the City Manager, Heath Lloyd, and Laura Walker for all of their work on the park. This project was special and very hands on for City staff. They can look at this park and be proud. We produced a vision and they made it a reality. He expressed his hope that the City does this in other areas. Alderman Thomas said that this would not have been possible without SPLOST and the pennies; it’s the power of the penny. We cannot do these types of projects around our City without this contribution and 60% of the SPLOST collections come from people who don’t live in this City. He stated that he hopes we will continue to move forward with SPLOST. Alderman Thomas personally thanked Michelle Gavin, Director of the Office of Public Communication, for her extraordinary job on setting up events like this and the professionalism she and her staff have shown. He wanted to say thank you as she prepares to leave the City for other endeavors.
Upon motion of Alderman Miller, seconded by Alderwoman Shabazz, unanimous approval was given for City Council to move into Executive Session for the purpose of discussing Personnel.
There being no further business, Mayor DeLoach declared this meeting of Council adjourned.
The video recording of the Council meeting can be found by copying and pasting the below link in your url:
https://savannahgovtv.viebit.com/player.php?hash=V6d594zguurO
