City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, August 24, 2015 Council Chambers City Council Business Meeting Mayor Daniel Clodfelter Mayor Pro Tem Michael Barnes Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Claire Fallon Council Member David Howard Council Member Patsy Kinsey Council Member Vi Lyles Council Member LaWana Mayfield Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda August 24, 2015 1. CITY COUNCIL MEETING Monday, August 24, 2015 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 13 Public Hearing on Blue Line Extension Financing 17 LYNX BLE State Full Funding Grant Agreement Amendment 19 2015 Multi-Jurisdictional Hazard Mitigation Plan 41 Bojangles Coliseum/Ovens Auditorium Parking Lot Extension 42 Time Warner Cable Arena Centralized Beverage System Replacement 47 Federal Memorandum of Agreement for Airport Traffic Control Tower (ATCT) 55 Airport Federal Aviation Administration Grant Acceptance 73 Public Auction for Disposal of Equipment 79 Order of Collection for Tax Year 2015 5:00 P.M. DINNER BRIEFING, ROOM 267 2. Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. City of Charlotte Page 2 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 3. Zoning Ordinance Update Committee Chair: Council member Vi Lyles Staff Resource(s): Bridget Dixon, Planning Alysia Osborne, Planning Time: 15 minutes Explanation § The purpose of the dinner briefing is to provide a status update on the Zoning Ordinance rewrite process, with an emphasis on consultant selection. § On June 9, 2014, the City Council approved funding for consultant services to support a comprehensive update of the Charlotte Zoning Ordinance. The funding was approved through the Fiscal Year 2015 budget process. § A multi-departmental selection team has chosen a consultant team, which will be led by Camiros and will include Parker Poe, Gantt Huberman Architects, and Wray Ward. § On August 10, 2015, staff provided an update on consultant selection and the ordinance rewrite process to the Transportation & Planning Committee. Future Action A full scope and contract for consulting services for the Zoning Ordinance Update will be brought to the City Council for approval in the fall. 4. Rezoning Process Update Staff Resource(s): Laura Harmon, Planning Tammie Keplinger, Planning Time: 30 minutes Explanation § The purpose of the dinner briefing is to present recommended changes to the rezoning process. The focus will be on recommendations related to the length of meetings and changes to the staff analyses and presentations for individual petitions. § The City Council holds monthly rezoning meetings to make decisions on rezoning petitions and to hold public hearings. § A rezoning petition is a request to make a change from the existing zoning district to a new zoning district for specified property. A zoning district defines the allowed use and development standards for the property. § The City Council has expressed concerns about the increased length of recent rezoning meetings. The length of these meetings reflects the increased number of rezonings petitions, which has grown from 78 submittals in Fiscal Year 2011 to 138 in Fiscal Year 2015. § The City Council has also provided feedback on additional information and analysis needed for council members to assess rezoning petitions. Future Action The presentation is for information only. City of Charlotte Page 3 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 6. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(4) to go into closed session to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. Introductions Invocation Pledge of Allegiance 6:30 P.M. CITIZENS' FORUM, COUNCIL CHAMBER 7:00 P.M. AWARDS AND RECOGNITION 7. Watch For Me NC Proclamation Mayor Clodfelter will read a proclamation recognizing October 11-17, 2015, as Watch for Me NC Week. 8. Pediatric Cancer Awareness Month Mayor Clodfelter will read a proclamation recognizing September 2015 as Pediatric Cancer Awareness Month. 9. Sickle Cell Partners of the Carolinas Day Proclamation Mayor Clodfelter will read a proclamation recognizing September 12, 2015, as Sickle Cell Partners of the Carolinas Day. 10. Dyslexia Awareness Month Mayor Clodfelter will read a proclamation recognizing October 2015 as Dyslexia Awareness Month. 11. Good Neighbor Month Mayor Clodfelter will read a proclamation recognizing September 2015 as Good Neighbor Month City of Charlotte Page 4 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 12. Consent agenda items 33 through 100 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Consideration of consent Items that have not been pulled, and B. Consider of Consent Items with citizens signed up to speak to the item. City of Charlotte Page 5 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 PUBLIC HEARING 13. Public Hearing on Blue Line Extension Financing Action: A. Conduct a public hearing relating to the financing of the LYNX Blue Line Extension project, B. Adopt the final resolution regarding the plan of finance for the project, and C. Authorize the City Manager to take necessary actions to complete the financing and pay the associated fees of the transaction. Staff Resource(s): Robert Campbell, Management & Financial Services Dee Pereira, CATS Explanation § On March 25, 2013, the City Council approved a financing plan for the CATS LYNX Blue Line Extension (BLE) project. The $1.16 billion BLE project is funded through a federal grant (50%), a state grant (26%), and local funding (24%). § The local share of the project is $281 million, primarily comprised of transit sales tax revenue. Up to $180 million of the local share will be financed through long-term debt. § In April 2014, the Transit Funding Working Group made a recommendation to pursue credit assistance for the BLE project from the Transportation Infrastructure Finance and Innovation Act (TIFIA) program. § A TIFIA loan is directly funded from the federal government and provides greater repayment flexibility and lower long-term fixed interest rates than are available from traditional financing in the public markets. § In November 2014, the City submitted a TIFIA Letter of Interest to the U.S. Department of Transportation (USDOT). § On June 19, 2015, based on review of the BLE project’s eligibility and creditworthiness, USDOT issued an invitation to the City to submit an application for TIFIA credit assistance, which is the last step in the TIFIA loan application process. § On July 27, 2015, as required by North Carolina state statute, the City Council set a public hearing regarding the financing for August 24, 2015. § The execution and closing of the TIFIA loan is subject to negotiation of a loan agreement with a target closing date in September 2015. § This is the last Council action necessary for this financing. Fiscal Note Funding: CATS Debt Service Fund Attachment Bond Resolution Approving Resolution - Charlotte Transit TIFIA COPs - 2015 City of Charlotte Page 6 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 ZONING 14. Rezoning Petition 2015-014 Action: Render a decision on proposed rezoning 2015-14 by Park Sharon Properties, LLC - From R-3 (single-family residential) - To UR-2 (CD)(urban residential, conditional) Staff Resource(s): Tammie Keplinger, Planning Explanation § The public hearing on this rezoning petition was held on May 18, 2015. § The property is approximately 4.66 acres located on the northeast corner at the intersection of Park Road and Sharon Road. (Council District 6 - Smith) § The petition proposes 19 for sale single-family attached dwelling units and a maximum of 36 for rent or for sale multi-family dwelling units, at an overall density of 11.8 units per acre. § The City Council deferred the decision on this sufficiently protested petition from July 20 to August 24 as the full Council was not present. § The Zoning Committee found the petition to be consistent with the South District Plan and the General Development Policies. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 6-0 to recommend APPROVAL of this petition with the noted modifications. § Staff agrees with the recommendation of the Zoning Committee. Attachment Zoning Committee Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan 2015-014 attachments City of Charlotte Page 7 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 15. Rezoning Petition 2015-026 Action: Render a decision on proposed rezoning 2015-026 by Robert Drakeford - From R-5 (single-family residential) - To UR-2 (CD) (urban residential, conditional) Staff Resource(s): Laura Harmon, Planning Explanation § The public hearing on this rezoning petition was held on June 15, 2015. § The property is approximately 1.14 acre located on the north and south sides of McClintock Road near the intersection of St. Julien Street and McClintock Road. (Council District 1 - Kinsey) § The petition proposes two developments on the north and south sides of McClintock Road totaling 12 single-family detached, two to three-story dwellings. § The City Council deferred the decision on this sufficiently protested petition to August 24, as requested by the petitioner on July 20, 2015, since not all Council members were present at the meeting. § The Zoning Committee found this petition to be consistent with the Central District Plan and the General Development Policies. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 6-0 to recommend APPROVAL of this petitions as modified. § Staff agrees with the recommendation of the Zoning Committee. Attachment Zoning Committee Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan 2015-026 attachments.pdf City of Charlotte Page 8 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 POLICY 16. City Manager’s Report City of Charlotte Page 9 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 BUSINESS City of Charlotte Page 10 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 17. LYNX BLE State Full Funding Grant Agreement Amendment Action: Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the State Full Funding Grant Agreement for the LYNX Blue Line Extension project. Staff Resource(s): John Muth, CATS Danny Rogers, CATS Brad Thomas, City Attorney’s Office Explanation § As a result of cost savings on the LYNX Blue Line Extension (BLE) project, staff has identified several key improvements that would provide significant benefits for long-term capacity, safety, and connectivity. On April 22, 2015, the Metropolitan Transit Commission passed a resolution to use local and state full funding grant agreement (FFGA) funds to add three specific project improvements that were not approved for federal participation through the federal FFGA, and request that the North Carolina Department of Transportation (NCDOT) participate in the cost of these improvements. § The state FFGA for the BLE was executed on March 5, 2012. This amendment would permit the City and the state of North Carolina to adjust the scope of the state FFGA and use cost savings to build the additional improvements listed below. - An expanded North Yard facility to add vehicle maintenance capacity. The current plans are for a 5,000 square foot operations building. The building would be expanded to a 20,000 square foot facility with maintenance space for two light rail vehicles. In early 2012, CATS received favorable pricing for light rail vehicles, which allowed for the purchase of four additional vehicles for the BLE project (total of 22). Additional maintenance capacity at the North Yard is needed to ensure adequate long-term maintenance capacity for CATS vehicles. This addition is included in the North Yard contract bid package. The City Council action on the award of this contract is anticipated on September 28, 2015. A future change order to the BLE Track and Systems contract will also be required for approval by the City Council. - A pedestrian bridge spanning the North Carolina Railroad Corridor to connect to the Sugar Creek Station. This bridge will improve safety and reduce the walking distance to access the station from North Davidson Street and the nearby Howie Acres neighborhood. A bid alternate is included in the Sugar Creek Parking Garage contract package for this expanded facility. The City Council action on the award of this contract is anticipated on September 28, 2015. - An extended pedestrian bridge at the JW Clay Blvd/UNC Charlotte station crossing over the northbound lanes of North Tryon Street (US 29). The University of North Carolina at Charlotte (UNC Charlotte) and Carolinas Medical Center - University Hospital have committed to participate in the funding for approximately 50% of the cost of the bridge extension. This extension would be added as a change order to the JW Clay Parking Garage contract. § The total estimated cost for these changes is $20,000,000. NCDOT would fund an equal 50% share, up to a total of $10,000,000 for the work. Financial participation by the Hospital and the University will reduce funding requirements from NCDOT and the City equally. If additional funding partners are secured for any of the changes, NCDOT and the City will share equally in the savings. NCDOT’s participation in these additional improvements does not modify the maximum state financial contribution of $299,071,000. § On August 5, 2015, the Multi-Modal Committee of the North Carolina Board of Transportation received the proposed amendment for information in anticipation for full Board approval on September 3, 2015. City of Charlotte Page 11 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Fiscal Note Funding: CATS Community Investment Plan Attachment Resolution City Council Resolution for Amendment to SFFGA (7-27-15) 18. Charlotte Regional Workforce Development Consortium Agreement Action: Adopt a resolution to approve an amended and restated Charlotte Regional Workforce Consortium Agreement. Staff Resource(s): Bill Cronin, Neighborhood & Business Services Anna Schleunes, City Attorney’s Office Explanation § In 1999, the City of Charlotte and Mecklenburg County entered into the Charlotte Regional Workforce Consortium Agreement (Agreement) that established a consortium to act jointly as a local workforce development board pursuant to the 1982 Job Training Partnership Act, the Social Security Act, the North Carolina Employment and Training Grant Program, and the 1998 Workforce Investment Act. § CharlotteWorks, formerly Charlotte-Mecklenburg Workforce Development Board, is named in the Agreement as the local workforce development board for the City of Charlotte and Mecklenburg County. § The recently adopted Workforce Innovation and Opportunity Act (WIOA) replaces the former Workforce Investment Act of 1999 and requires a few minor modifications to the Agreement. § A 25-member board of directors representing various industries and organizations in Charlotte-Mecklenburg governs the activities of CharlotteWorks. § Although the WIOA allows for the joint appointment of board members by the City and Mecklenburg County, currently, the City appoints all 25 members of the board. § Mecklenburg County recently expressed an interest in having an opportunity to appoint members of the CharlotteWorks board. § CharlotteWorks is requesting approval of an amended and restated Agreement that includes the necessary WIOA modifications and allocates 20% of board appointments to Mecklenburg County. § Under this new arrangement, the City will retain 20 board members, appointed by the Mayor as it is in the current structure, and Mecklenburg County will appoint five board members, all of which are to be appointed by the Mecklenburg County Commission Chair. Mecklenburg County’s appointments will begin in Fiscal Year 2017. § The Mecklenburg County Board of County Commissioners will be asked to approve this item at their meeting on September 1, 2015. Attachment CharlotteWorks Board of Directors 2015 Resolution Amended and Restated Charlotte Regional Workforce Consortium Agreement CharlotteWorks Board of Directors 2015 Resolution for Interlocal Charlotte Works Consortium Agreement_WIOA 2015 City of Charlotte Page 12 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 19. 2015 Multi-Jurisdictional Hazard Mitigation Plan Action: A. Adopt a resolution to approve the 2015 Multi-Jurisdictional Hazard Mitigation Plan, and B. Appoint the Charlotte-Mecklenburg Emergency Management Office (in collaboration with the City’s Storm Water and Planning Departments) to ensure an annual review of the Multi-Jurisdictional Hazard Mitigation Plan and compliance with state and federal regulations every five years. Staff Resource(s): Richard Granger, Fire Explanation § The purpose of the five-year plan is to mitigate the impact of identified natural hazards, such as flooding, tornados, severe storms, earthquakes and solar events. § In Section 322 of The Federal Disaster Mitigation Act of 2000, local governments must develop an All-Hazards Mitigation Plan (Plan) in order to receive Hazard Mitigation Grant funds and other disaster-related assistance funding. § The multi-jurisdictional Plan includes the City of Charlotte, Mecklenburg County, and six adjoining jurisdictional towns all of whom must approve independently. § To date, the Plan has been approved by the state of North Carolina and the Federal Emergency Management Agency. Both North Carolina Emergency Management and the Federal Emergency Management Agencies review the Plan to ensure it meets a stringent checklist before requesting local governing body approval. § The 2015 Multi-Jurisdictional Hazard Mitigation Plan is available for review upon request. Fiscal Note: Funding: Not applicable Attachment Resolution Hazard_Plan_Resolution_2015 City of Charlotte Page 13 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 20. Authorization of Water Sewer Revenue Bond Anticipation Note Action: A. Adopt the bond order authorizing the issuance of up to $180,000,000 of revenue bond anticipation notes, B. Adopt a bond resolution for the approval, execution, and delivery in connection with the issuance of up to $180,000,000 of revenue bond anticipation notes, and C. Authorize the City Manager to take necessary actions to complete the financing, including making application to the Local Government Commission. Staff Resource(s): Robert Campbell, Management & Financial Services Barry Gullet, Charlotte Water Explanation § The City Council adopted Community Investment Plan for Charlotte Water includes capital projects that will be funded from debt. § The debt issuance is planned in two steps: a short-term construction period draw program which will be converted to long-term, fixed rate revenue bonds once construction nears completion. This model of financing is the lowest cost, promotes rate stability, and is recognized by rating agencies as a best practice. § Through use of construction period financing, the water and sewer rate payers will experience a projected 4.05% rate increase in Fiscal Year 2017. Were the City to use traditional revenue bonds, the increase in Fiscal Year 2017 would be 7.8%. By using the construction period draw program, the rate payers save an average of approximately $19.00 per year over the next seven years. § The construction period financing will be in the form of an $180,000,000 privately-placed drawdown program. - The drawdown program is a short-term financing approach to take advantage of the current low interest rate environment. - It is anticipated the program will be replaced with long-term debt once the $180,000,000 is fully drawn down in the next 24-30 months. § Over the next 24-30 months, these proceeds will be used for the following categories of projects: - Maintain existing treatment facilities to ensure reliable treatment processes and regulatory compliance; - Rehabilitation and replacement of existing water and sewer infrastructure that has met its useful performance life; - Specific projects include: Dixie Berryhill water and sewer projects, Steele Creek Lift Station replacement, McDowell Basin trunk sewers, Clems Branch pump station improvements, Sugar Creek Wastewater Treatment Plant-Phase II, and McAlpine Creek final clarifier. - Since the CIP is funded on a cash-flow basis, some of the projects funded with these proceeds are already underway and others will be starting within the next two years. Several of these projects are needed to allow economic development to continue as planned. § Charlotte Water’s financial plan that Council reviewed during the Fiscal Year 2016 budget process included the proposed program with modest rate increases anticipated in future fiscal years to meet capital and operational needs. § Provided as an attachment is Charlotte Water’s Financial Plan. The Plan includes funding for the $1.3 billion Community Investment Plan, which is comprised of the following: - 68% PAYGO funding, and - 32% debt funding. § The projection has an average rate increase of 4.09% including: - 4.05% in Fiscal Year 2017, - 4.10% in Fiscal Year 2018, City of Charlotte Page 14 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 - 4.11% in Fiscal Year 2019, - 4.14% in Fiscal Year 2020, - 4.20% in Fiscal Year 2021, - 4.05% in Fiscal Year 2022, and - 4.00% in Fiscal Year 2023. These are the projected rate increases currently estimated to be necessary to maintain the capital program. The actual rate increases must be approved annually by the City Council. § The current action adopts the bond order and bond resolution for the program. § The Local Government Commission is anticipated to review the transaction for approval at its meeting on September 8, 2015. Fiscal Note Funding: Charlotte Water Debt Service Fund Attachment Bond Order Bond Resolution Water and Sewer Projection Summary Bond Order - Charlotte Water and Sewer 2015BAN Bond Resolution - Charlotte BANs 2015 Water and Sewer Projection Summary City of Charlotte Page 15 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 21. Wastewater Treatment Plant Polychlorinated Biphenyl Decontamination Testing Services Action: A. Approve a contract in the amount of $1,000,000 for environmental consulting and testing services with S&ME, Inc., B. Authorize the City Manager to renew the contract with S&ME, Inc. for one additional term, and C. Approve a budget ordinance appropriating $2,000,000 from the Charlotte Water Fund Balance to the Charlotte Water Operating Fund. Staff Resource(s): Barry Gullet, Charlotte Water Explanation § On February 6, 2014, wastes containing polychlorinated biphenyl (PCB) and trichlorobenzene were illegally discharged to the sewage collection system that flows to the Mallard Creek Wastewater Treatment Plant (WWTP) and the collection system that flows to the McAlpine Creek WWTP. § Since that time, Charlotte Water has been developing decontamination and sampling plans for the Environmental Protection Agency (EPA), decontaminating rental equipment, and disposing of highly contaminated biosolids. Before this decontamination project could begin, Charlotte Water had to sample and monitor PCB concentrations to ensure that PCB levels in the biosolids were declining to prevent re-contaminating the facility. § Structures and equipment contaminated with PCBs above certain thresholds are regulated by EPA and require decontamination to levels and by methods outlined in the Toxic Substance Control Act (TSCA). § Materials contaminated with PCBs above certain thresholds are also regulated by the EPA and TSCA and are required to be disposed of in permitted hazardous waste landfills, boiled, or incinerated. § On June 8, 2015, Charlotte Water issued a Request for Qualifications for environmental engineering and testing at Mallard Creek WWTP; nine responses were received from interested service providers. § The selection committee, comprised of Charlotte Water and Engineering & Property Management staff, evaluated the responses and selected S&ME, Inc. based on project team and firm experience and qualifications, testing capability, lab facility experience and ability to process large volumes of samples. § The contract also includes work to be performed at the McAlpine Creek WWTP for preliminary sampling to prepare the EPA required decontamination plan for that facility. § Charlotte Water will renew this contract for the project at McAlpine Creek WWTP depending on pricing, availability of funds, and performance on the Mallard Creek WWTP PCB decontamination project. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, S&ME, Inc. has committed 2.50% ($25,000) to the following certified firms: § Prism Laboratories, Inc. (WBE) ($20,000) (analytical lab services) § Enviro-Equipment, Inc. (SBE, WBE) ($5,000) (equipment rental) Fiscal Note Funding: Charlotte Water Operating Attachment Budget Ordinance City of Charlotte Page 16 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Synagro PCB Ordinance August2015 City of Charlotte Page 17 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 22. Airport Terminal Elevated Roadway System and Pedestrian Tunnels Action: A. Award a contract in the amount of $41,864,014.13 to the lowest responsive bidder Flatiron Constructors, Inc.-Blythe Development Company, A Joint Venture plus an acceleration clause in an amount not to exceed $1,875,000 for a total amount of $43,739,014.13, for the construction of the new elevated roadway and passenger tunnel system, B. Approve contract amendment #2 for $1,617,669 to HNTB of North Carolina for construction administration and inspection services, C. Approve a contract in the amount of $1,971,800 with Summit Engineering, Inc. for quality assurance testing, D. Approve contract amendment #2 for $273,677.77 to Scheidt & Bachmann USA, Inc for the Ground Transportation Management System that will control commercial vehicle access, E. Approve a contract with AT&T not to exceed $158,800.31 to relocate an AT&T communications cable, and F. Adopt a budget ordinance appropriating a total of $47,760,961.21, including $36,112,013 from the Aviation Passenger Facility Charge Fund and $11,648,948.21 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport Elevated Roadway project will expand the current road system in front of the terminal to provide additional access capacity for local passengers. Both the upper and lower level will include five lanes for passenger vehicles and three lanes for commercial vehicles, while new pedestrian tunnels will allow travelers to access the Hourly Deck/Rental Car Facility without having to cross lanes of traffic. Action A: Construction § The project involves construction of eight at-grade vehicle lanes and eight elevated vehicle lanes between the new hourly parking deck and the main terminal as well as the structural portion of future pedestrian tunnels below the new roadway system. The project is a combination of roadway, bridge and building construction. § On June 4, 2015, Aviation issued an Invitation in Bid for construction of the Terminal Elevated Roadway System; four bids were received from interested service providers. § Flatiron Constructors, Inc.-Blythe Development Company, A Joint Venture, was the lowest responsive bidder. § The project will cause some disruptions to the flow of passengers and traffic accessing the Terminal. In order to ensure the contractors complete this project as quickly as possible and reduce operational impact, the Aviation Department included an acceleration clause in the contract, which will allow the contractors to earn an additional $1,875,000 if the project is completed by meeting milestones in accordance with the clause. Action B: Construction Administration and Inspection Services § On November 8, 2010, the City Council approved a design contract to HNTB North Carolina, P.C. in the amount of $1,292,280 for a terminal elevated roadway system to replace and expand the capacity of the current terminal roadway system. § On September 10, 2012 the City Council approved contract amendment #1 in the amount of $362,081 to HNTB North Carolina, P.C. for additional design services. City of Charlotte Page 18 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 § Contract amendment #2 in the amount of $1,617,669 includes construction and administration services for the duration of the project. § The new total value of the contract is $3,272,030. Action C: Testing Services § On March 9, 2015, the City issued a Request for Qualifications for testing services; nine proposals were received from interested service providers. § Aviation Department staff evaluated and selected Summit Engineering & Construction Services, Inc. in terms of geotechnical expertise, bridge inspection expertise, and experience with caisson inspections. Action D: Equipment § As part of this construction, the Airport’s Ground Transportation Management System needs to be relocated and installed in these new roadway traffic lanes. Contract amendment #2 in the amount of $273,677.77 will allow Scheidt & Bachmann USA, Inc., that is the provider of this system, to install the necessary equipment when the roadway system is completed. § On June 23, 2014, the City Council approved a design contract to Scheidt & Bachmann USA, Inc. in the amount of $1,055,783 for the Ground Transportation Management System that controls commercial vehicle access. § On September 22, 2014 the Aviation Director approved contract amendment #1 in the amount of $13,822.38 to Scheidt & Bachmann USA, Inc. for additional scope related to design services. § The new total value of the contract is $1,343,283.15. Action E: Communications Cables § AT&T provides the telecommunication services for the Airport. There are major communications feeds that require re-routing due to this construction. This fee will pay AT&T to relocate this communications cable into the terminal building. Action F: Budget Ordinance § The Federal Aviation Administration approved Passenger Facility Charge (PFC) Application #5, which included $36,112,013 in PFC fund authority to pay for the Terminal Elevated Roadway project. § Aviation is funding the remaining amount of $11,648,948.21 using the Aviation Discretionary Fund. § Aviation will request an amendment to the PFC Application to obtain additional authority to pay for the revised total amount of PFC-eligible expenses. § The acceleration clause of $1,875,000 is not PFC-eligible and will be paid with Airport cash if all conditions are met. Charlotte Business INClusion Action A: Established SBE Goal: 7% Committed SBE Goal: 7.40% Flatiron Constructors, Inc.-Blythe Development Company exceeded the established SBE subcontracting goal, and has committed 7.40% ($3,100,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § Border Rebar LLC (MBE, SBE) ($2,535,000) (furnish and install rebar) § Dakota Contracting Company, Inc. (MBE, SBE) ($565,000) (furnish and install storm drain water) Established MBE Goal: 4% Committed MBE Goal: 7.40% Flatiron Constructors, Inc.-Blythe Development Company exceeded the established MBE subcontracting goal, and has committed 7.40% ($3,100,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): City of Charlotte Page 19 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 § Border Rebar LLC (MBE, SBE) ($2,535,000) (furnish and install rebar) § Dakota Contracting Company, Inc. (MBE, SBE) ($565,000) (furnish and install storm drain water) Action B: All additional work involved in this amendment will be performed by HNTB of North Carolina and its existing subconsultants (Part D: Section 6 of the Charlotte Business INClusion Policy). HNTB of North Carolina has committed 6.77% ($109,440) of this amendment to the following certified firm: § McFarland Construction (MBE, SBE) ($109,440) (construction administration) Action C: The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). On this contract, Summit Engineering, Inc. has committed 10.44% ($205,875) of the total contract amount to the following certified firms: § On-Spec Engineering, PC (SBE) ($205,875) (material testing and delivery) Action D: No subcontracting goal was established for this amendment because there are no opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use PFC funds to pay for the additional PFC-eligible costs of these projects as an amendment to PFC Application #5. Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 20 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 23. Jonas Federal Courthouse Property Exchange Action: A. Approve the exchange of real property between the City and the General Services Administration (GSA) wherein, in February 2017, the City would transfer the Jonas Federal Courthouse property located at 401 West Trade Street to the GSA and the GSA would transfer the property located at 501 East Trade Street and currently used as a parking lot to the City, B. Approve a lease extension of the Jonas Federal Courthouse for property located at 401 West Trade Street between the GSA as Tenant and City of Charlotte as Landlord for an additional period from December 16, 2015 to February 20, 2017, for a total amount of $1,799,063, C. Adopt a budget ordinance appropriating $3,300,000 for the purpose of completing roof replacement to the Jonas Federal Courthouse facility, D. Authorize the City Manager to negotiate contracts for the design and construction of roof replacement to the courthouse building for an amount not to exceed $3,300,000, and E. Extend Queens University’s Option to purchase the Jonas Federal Courthouse property, to match the extended General Services Administration lease term. Staff Resource(s): Ron Kimble, City Manager’s Office Tony Korolos, Engineering & Property Management William Haas, Engineering & Property Management Catherine Cooper, Senior City Attorney Explanation § The General Services Administration (GSA) is an independent agency of the United States government that manages and supports the basic functions of federal agencies including real property administration. § The Jonas Federal Courthouse property, currently owned by the City, is located at 401 West Trade Street (parcel identification number 073-113-04). The 2.96-acre property includes the 112,025 square foot courthouse building, which was constructed in 1934 and originally served as Charlotte’s main post office. § The 501 East Trade Street property, currently owned by the GSA, is a 3.2-acre unimproved lot, used as a parking lot (parcel identification number 080-054-01). § In 2004, GSA was seeking a site for a new federal courthouse to be constructed. The City owned the East Trade Street site and exchanged it for the courthouse, anticipating that the new courthouse would be constructed on the East Trade Street site. At the time the values of the two properties were within $100,000 of each other. § Since 2004, GSA has paid over $10 million rent to the City for the use of the Jonas Federal Courthouse. § When the City became owner of the federal courthouse property in 2004, Council granted Queens University an option to purchase the property and use it for educational purposes. The option could be exercised only at the time GSA’s lease terminated and GSA no longer needed to occupy the property. § Within the past year, GSA has indicated that a new courthouse will not be constructed, so GSA needs to continue to occupy the Jonas Federal Courthouse property. § The City and the GSA therefore desire to reverse the 2004 property exchange, which will result in the termination of Queens’ option to purchase the courthouse. § GSA has requested a delay of the property exchange, during which time they would remain as City of Charlotte Page 21 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 tenant, while the City would manage the courthouse roof replacement project. § The Queens option to purchase the courthouse property would terminate, on its own terms, when GSA’s lease is terminated at the time of the property exchange. Land Exchange Terms § Professional appraisal indicates that the City’s federal courthouse property is currently valued at $12,640,000, and the GSA’s 501 East Trade Street property is valued at $15,500,000, for a difference of $2,860,000 in favor of the GSA. § In order to equalize the values of the properties being exchanged, to account for the additional $2,860,000 owed by the City to the GSA, the parties have agreed that the City will replace the roof at the courthouse property. The estimated cost of roof replacement is $3,300,000. The City proposes to undertake the roof replacement project, agreeing to be responsible for $2,860,000 of those costs, as additional consideration to equalize the property exchange, with GSA being responsible for the remaining costs. The City will utilize the GSA lease payment revenues from December 2014 through February 2017, to cover the $2,860,000. § Since the roof replacement project is expected to be completed by early 2017, the GSA lease extension will allow the project to be completed before the property exchange takes place. § After the land exchange, the City will continue to operate the parking lot on the East Trade Street property, recognizing parking revenues of approximately $450,000 per year until the property is sold. Roof Replacement § City staff estimates the cost of design, roof construction and staff/administration costs to be $3,300,000. Appropriation of Funds § Appropriate $3,300,000 for the design and roof construction. § The City will use the GSA lease payment revenues from December 2014 through February 2017 that total $2,875,400, to cover $2,860,000 of the costs. § The GSA will pay the remainder of the actual cost of the roof design and construction. Award of Construction Contract § Because the roof is in poor condition, the City plans to complete the roof replacement as quickly as possible. § By authorizing the City Manager to award the contracts, approximately one month can be saved in project duration. The City will advertise the project and seek competitive bids. § The total cost of the design and construction work will not exceed $3,300,000. § CBI goals will be established based on the scope of work. § The project is anticipated to be complete in the first quarter 2017. Lease Terms § The proposed lease extension carries the following terms: - GSA to pay annual rent of $1,512,337.50 from December 16, 2015, through December 15, 2016, and increasing by 3.5% December 16, 2016, through February 20, 2017. - GSA to pay all costs of property operations, maintenance, and capital improvements (except the cost of roof replacement will be paid as described above). § If the City Council approves the extension of the GSA lease, staff will also extend the Queens option, as required by the terms of that agreement, for another year or until the property exchange takes place. Fiscal Note Funding: General Facilities Community Investment Plan Attachment Location Map City of Charlotte Page 22 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Budget Ordinance Location Map - Jonas Federal Courthouse Lease Extension EPM ord 082415 Jonas Courthouse 24. City Attorney’s Compensation Action: Consider a 2015 Compensation Adjustment for the City Attorney Staff Resource(s): Cheryl Brown, Human Resources Explanation § On August 24, 2015, the Mayor and the City Council met to conduct the City Attorney’s performance evaluation and discuss a potential compensation adjustment. § The Human Resources Director has assisted the Mayor and the City Council on the details associated with the City Attorney’s compensation. 25. Nomination to the Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for an unexpired term beginning immediately and ending April 28, 2017. - Edward Peugh has failed to meet the City Council attendance policy requirement. Attachment Business Advisory Committee Applicants BAC Applicants - August 24 - Final 26. Nominations to the Civil Service Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Two appointments for three-year terms ending May 15, 2018. - Newly created seats requested of the General Assembly and ratified on May 21, 2015. Attachment Civil Service Board Applicants CSB Applicants - August 24 - Final City of Charlotte Page 23 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 27. Nominations to the Passenger Vehicle for Hire Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Two appointments for three-year terms ending July 1, 2018. - Andrew Thompson (Category 2 - driver or chauffer) has completed two full terms of service, therefore, is not eligible for reappointment. - Carolyn Carr (Category 4 - one user of passenger vehicles for hire) is eligible but not interested in being considered for reappointment. Attachment Passenger Vehicle for Hire Applicants PVH Applicants - August 24 - Final 28. Nominations to the Transit Services Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a local/express service passenger for an unexpired term beginning immediately and ending January 31, 2017. - George Schaeffer has failed to meet the City Council attendance policy requirement. § One appointment for a van pool representative beginning immediately and ending January 31, 2016, and then continuing for a full three-year term beginning February 1, 2016, and ending January 31, 2019. - William Grimm has resigned. Attachment Transit Services Advisory Committee Applicants TSAC Applicants - August 24 - Final City of Charlotte Page 24 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 29. Appointments to the Citizens Review Board Action: Vote on blue paper ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Four appointments for three year terms ending July 31, 2018. - Ralph Fischer by Council members Austin and Mayfield - Antonio Gaither by Council members Austin and Mayfield - Nanci Hightower by Council members Driggs, Fallon, and Phipps - Jennifer Jackson by Council member Driggs - David Smith by Council member Driggs - Deborah Stevenson by Council member Phipps - Barbara Votik by Council member Driggs - Nicholas Wind-McJetters by Council members Austin, Mayfield, and Phipps Attachment Citizens Review Board Applicants CRB Applicants - 08.24.2015 30. Appointment to the Historic Landmarks Commission Action: Vote on blue paper ballots and return to Clerk at dinner Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a three-year term ending July 16, 2018. - David Hale by Council members Austin, Barnes, Driggs, and Mayfield - Cameron Wright by Council members Driggs, Phipps, and Smith Attachment Historic Landmarks Commission Applicants HLC Applicants - 08.24.2015 City of Charlotte Page 25 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 31. Appointment to the Transit Services Advisory Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a Suburban Employer served by Charlotte Transit beginning immediately and ending January 31, 2018. - Chris Maloy by Council members Austin, Barnes, Driggs, Mayfield, and Phipps - Jeffrey Berlin by Council member Smith - David Harris by Council member Driggs Attachment Transit Services Advisory Committee Applicants TSAC Applicants - 08.24.2015 32. Appointment to the Waste Management Advisory Board Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One recommendation by City Council for appointment by the Board of County Commissioners for an unexpired term beginning immediately and ending November 5, 2015, and then continuing for a full three-year term beginning November 6, 2015, and ending November 5, 2018. - Jason Thomas by Council members Austin, Driggs, Mayfield, and Phipps - Jay Winfrey by Council member Fallon Attachment Waste Management Advisory Board Applicants WMAB Applicants - 08.24.2015 CONCLUSION OF CONSENT AGENDA City of Charlotte Page 26 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 MAYOR AND COUNCIL TOPICS CONSENT 33. Predictive Crime Analytics Software Maintenance Contract Action: A. Authorize the City Manager to approve price adjustments and amend the contract with Information Builders for the Predictive Crime Analytics Dashboard system consistent with the City’s business needs and the purpose for which the contract was awarded, B. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, and C. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system. Staff Resource(s): Lisa Goelz, Police Crystal Cody, Police Explanation § On November 23, 2009, the City Council authorized the City Manager to approve up to five, one-year renewal options for extended software maintenance and support for the Police Predictive Crime Analytic Dashboard solution. § On June 22, 2015, the City Council approved contract amendment #3 with Information Builders Inc. in the estimated amount of $250,000 for the implementation of a Predictive Analytic solution related to improved early intervention strategies. § The Crime Analytic Dashboard provides real time information to the Charlotte-Mecklenburg Police Department (CMPD), allowing staff to identify and track crime trends, plan resource deployment, and measure the effectiveness of crime reduction initiatives. § CMPD is requesting to enter into a new maintenance and support agreement with Information Builders. § Annual maintenance for Fiscal Year 2016 is anticipated to be approximately $100,000 with annual increases not to exceed 5%. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget City of Charlotte Page 27 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 34. License Plate Reader Maintenance Contract Action: A. Authorize the City Manager to approve price adjustments and amend the contract with NDI Technologies for the Charlotte-Mecklenburg Police Department’s Automated License Plate Reader system consistent with the City’s business needs and the purpose for which the contract was awarded, B. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, and C. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system. Staff Resource(s): Steve Willis, Police Crystal Cody, Police Explanation § In 2008, the Charlotte-Mecklenburg Police Department (CMPD) entered into an agreement with NDI Technologies to purchase mobile license plate readers for four vehicles. § City Council approved Democratic National Convention Grant funds to expand the CMPD License Plate Reader program to include 91 fixed-mounted cameras and eight Road Warrior Speed Trailers. - Three years of maintenance was purchased to cover equipment and software maintenance. § The license plate reader technology is in use by the Real Time Crime Center (RTCC) and has become a vital tool in the investigative process. - In the last year, the RTCC alerted patrol officers of 1,400 stolen/wanted vehicles based on License Plate Reader alerts. - As a result, patrol officers successfully located 458 of those vehicles and completed 248 arrests or citations. § In order to continue maintenance and support for this system, a new maintenance agreement is required. - Cost includes software maintenance, new feature releases, and hardware maintenance for all fixed and mobile license plate reader devices. § Annual maintenance is anticipated to be approximately $150,000 with annual increases not to exceed 3%. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget City of Charlotte Page 28 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 35. Situational Awareness System for the Charlotte-Mecklenburg Police Department Action: A. Approve the purchase of situational awareness software, maintenance, and implementation services from a government unit or agency as authorized by G.S. 143-129 (e)(1), B. Approve a contract with the South Carolina Research Authority for the purchase of situational awareness software, maintenance, and implementation services for the term of three years, C. Authorize the City Manager to approve price adjustments and amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded, D. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, and E. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time, but not to exceed $250,000 to optimize the City’s use of the system. Staff Resource(s): Steve Willis, Police Crystal Cody, Police Exemption for Purchases from Other Units of Government G.S. 143-129(e)(1) provides that local governments may purchase apparatus, supplies, material or other equipment from the federal government or any other governmental unit within the United States. Explanation § Currently, the Charlotte-Mecklenburg Police Department (CMPD) has a number of disparate systems that are used by the department, which include a Video Management System, License Plate Reader System, Computer-Aided Dispatch (CAD) System, Shot Spotter, and CMPD Live. - Some of these applications are needed simultaneously with the existing disparate system structure, making usage challenging and cumbersome. § CMPD requests authorization to purchase the South Carolina Research Authority’s Alastar Situational Awareness system to provide a single-graphical user interface for CMPD’s Real-Time Crime Center (RTCC). § Using the system, RTCC staff and field managers will be able to more easily and quickly identify available resources and receive real-time information (including video) when responding to an incident. This overall objective will be supported by the system’s ability to provide the following: - Integrate systems into a single user friendly interface; - Access real-time and historical information; - Access to RTCC, executive staff and field managers through a web browser to allow for access by personnel in the office and in the field; - Ability to configure access, permission and views based on business rules; and - Ability to expand to include other systems or departments. § CMPD desires the project to be completed in a phased approach. By using this approach, basic functionality can be delivered in a timely manner while more complex integrations can be added as time, budget, and resources allow. - Phase 1 functionality includes graphical map overlays such as police divisions and critical infrastructure, access to social media feeds and traffic cameras, and access to live web services. CMPD anticipates that Phases 2 and 3 will consist of application and system integrations, such as integrations with KBCOPS, electronic offender monitoring, and computer-aided dispatch. CMPD anticipates planning Phases 2 and 3 while Phase 1 is being implemented. City of Charlotte Page 29 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 § Staff has researched the market and believes the price and terms offered under the new contract are very competitive and that it is in the City’s best interest to procure the Alastar Situational system through the contract. - The City will receive licenses for up to 50 concurrent users at no cost. - Annual recurring maintenance fees for years one to three are estimated to be $16,200. - Expenditures for implementing Phase 1 of the project are estimated to be $179,500. Expenditures for future phases will be determined when CMPD further defines its requirements. Charlotte Business INClusion This system is being purchased from an existing governmental contract, and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: § Crime Analysis Capability Building Project grant and Asset Forfeiture Funds 36. Digital Radios Donation to Johnson C. Smith University Action: Adopt a resolution authorizing the donation of 17 XTS 5000 radios to Johnson C. Smith University for the purpose of enhancing campus security and communication with the Charlotte-Mecklenburg Police Department. Staff Resource(s): Steve Willis, Police Lisa Goelz, Police Explanation § North Carolina General Statute 160A-280 authorizes the donation of personal property from a City to a non-profit organization upon adoption of a resolution by the City Council. § The Charlotte-Mecklenburg Police Department (CMPD) would like to donate 17 XTS 5000 radios to Johnson C. Smith University (JCSU). § CMPD operates on a P25 digital radio system. - JCSU uses an analog radio system which does not allow direct communication with CMPD. § JCSU will use the donated radios to improve their inter-operability among campus police. § The XTS 5000 radios will create more efficient response time with CMPD officers who patrol near the JCSU campus. - Currently, JCSU campus security must call 911 for CMPD assistance. § JCSU would only have access to CMPD’s Metro Division radio channel. § Market value of each XTS 5000 radio is $4,500, which includes: radio, programming, charging base, and batteries. § JCSU would pay the monthly access fee of $42 per radio and any other maintenance fees. § JCSU would accept the donated radios “as is” and without warranty. Fiscal Note Funding: Not applicable Attachment Resolution CMPD_082415_Digital Radio Donation_resolution City of Charlotte Page 30 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 37. Mobile Device Donations to Carolina Family Connections and Charlotte Family Housing Action: Adopt a resolution authorizing the donation of 15 surplus mobile devices to Carolina Family Connections and Charlotte Family Housing for the purpose of helping students meet the requirements of school curriculums that rely heavily on access to technology. Staff Resource(s): Vicki Foster, Police Torri Tellis, Police Explanation § North Carolina General Statue 160A-280 authorizes the donation of personal property from a City to a non-profit organization upon adoption of a resolution by the City Council. § The Charlotte-Mecklenburg Police Department (CMPD) would like to donate 15 surplus mobile devices (Apple iPad2 - 64 GB tablets) to Carolina Family Connections and Charlotte Family Housing. § CMPD executive and command staff used the mobile devices. However, the mobile devices were limited in their capabilities and efficiency for law enforcement administrative needs. § Carolina Family Connections would allow five mobile devices to be used by high school students in their foster care program and an additional five mobile devices to be used by students in the children’s program at Southside Community Church. - Carolina Family Connections would retain complete ownership of the mobile devices per the conditions outlined in the donation agreement. § Charlotte Family Housing would allow five mobile devices to be used by high school students from three of their housing sites. - Charlotte Family Housing would retain complete ownership of the mobile devices per the conditions outlined in the donation agreement. § Based on most recent data, the estimated value of the 15 mobile devices is $1,500. § Carolina Family Connections and Charlotte Family Housing would accept the donated mobile devices “as is” and without warranty. Fiscal Note Funding: Not applicable Attachment Resolution CMPD_082415_iPad2 Donations_resolution City of Charlotte Page 31 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 38. Regional Automated Property Information Database System Action: A. Approve a three-year contract with Business Watch International in the amount of $22,500 annually for a software license subscription of the Regional Automated Property Information Database System, B. Authorize the City Manager to approve price adjustments and amend the contract system consistent with the City’s business needs and the purpose for which the contract was awarded, C. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, D. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system. Staff Resource(s): Steve Willis, Police Crystal Cody, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) currently uses the Pawntracker system to record transactions made at area second hand dealers in compliance with State and City Pawnbroker ordinances. § The current system is limited in functionality and limits the extent CMPD can leverage this information in larceny cases. § CMPD completed an informal solicitation requesting demonstrations and quotes from three companies providing Property Information Systems. § Based on the review of functionality and annual expense, CMPD selected Business Watch International and the Regional Automated Property Information Database (RAPID) to replace the existing system. § The new system will enhance the following: - National Criminal Information Center cross-reference with BWI Smart Match functionality; - Unlimited law enforcement user licenses; - Interfaces to Craigslist and EBAY search tools; and - Integration with SIRAS point of sale system to identify potential suspicious transactions. § The vendor will provide the following services as part of the contract: - Secure web-hosting, - Second hand dealer data entry and upload utilities for existing store programs, - Store set up and training for up to 120 stores, and - Emergency 24-hour helpdesk support. § Organized retail theft is one of the fastest growing crime problems, which requires more technical-savvy methods to locate and combat trends. § The implementation of this system will provide greater access to commercially available tools allowing detectives to more efficiently investigate these types of crimes and recover property stolen from citizens. § Annual subscription is $22,500 for up to 120 stores. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). City of Charlotte Page 32 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Fiscal Note Funding: Police Operating Budget 39. Reimbursement and Developer Agreement with Sanctuary Management, LLC Action: A. Approve a Reimbursement and Developer Agreement between the City of Charlotte and Sanctuary Holdings Charlotte, LLC (Developer), B. Adopt a budget ordinance appropriating a contribution of $266,000 from Sanctuary Management, LLC to the Rocky River Road West Improvement project, and C. Authorize the City Manager to execute any and all documents necessary to comply with the terms of the Agreement. Staff Resource(s): Jim Keenan, Engineering & Property Management Explanation § The Northeast Corridor Infrastructure program includes a project to improve Rocky River Road West in the vicinity of the University City light rail station, currently under construction. This project includes road widening and realignment, curb and gutter, bicycle lanes, planting strips, sidewalks, and street trees. § Sanctuary Holdings Charlotte, LLC (Developer) is currently constructing an apartment development (Arcadia Apartments) along Rocky River Road West within the City’s project limits. City development ordinances require the Developer to make improvements to the road that include turn lanes, curb and gutter, planting strips, sidewalks, and street trees. § The City’s project includes realignment of the roadway in the vicinity of the Developer’s project. Therefore, the Developer’s roadway improvements would not be consistent with the City project and would need to be torn out and replaced when the City project is built. § In order to avoid wasted costs and tear out of the developer’s construction, and to reduce traffic impacts to the local communities, the Developer has agreed to contribute funding and dedicate needed land, in total value commensurate with their development obligation, in exchange for relief of his responsibility for roadway improvements. The City will construct the Developer improvements as part of the overall City project. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Developer Agreement Budget Ordinance Developer Agreement for Rocky River Road (Sanctuary Holdings Charlotte, LLC) EPM ord 082415 Developer Agreement Sanctuary City of Charlotte Page 33 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 40. Amendment to Interlocal Agreement between the City of Charlotte and the Charlotte-Mecklenburg Board of Education Action: A. Authorize the City Manager to execute the amendment to the Interlocal Agreement between the City of Charlotte and the Charlotte-Mecklenburg Board of Education in order to comply with the Council approved interlocal agreement, and B. Adopt a budget ordinance appropriating the contribution of $321,630 from the Charlotte-Mecklenburg Board of Education to the Rocky River Road West Improvement project. Staff Resource(s): Jim Keenan, Engineering & Property Management Explanation § The Northeast Corridor Infrastructure program includes a project to improve Rocky River Road West in the vicinity of the University City light rail station, currently under construction. This project includes road widening and realignment, curb and gutter, bicycle lanes, planting strips, sidewalks and street trees. § Charlotte Mecklenburg Schools is building a new school (Newell Elementary) on Rocky River Road within the City’s project limits. Under the City’s development ordinance, the Charlotte-Mecklenburg Board of Education is responsible for construction of roadway improvements to include road widening, curb and gutter, sidewalks, street trees, and drainage systems. § City and Charlotte-Mecklenburg Board of Education staff recognized that the roadway improvements required by ordinance would not be consistent with the City project and would therefore be wasted. In order to avoid that waste, both parties agreed to coordinate planning efforts. § On February 10, 2014, City Council resolved and approved an interlocal agreement between the City and Charlotte-Mecklenburg Board of Education to provide coordinated roadway planning services. The interlocal agreement allowed mutual development of roadway planning information to support both the City’s roadway improvement project and the new school project. The Resolution also authorized the City Manager to negotiate and execute subsequent amendments to the interlocal agreement. § The interlocal agreement incorporated several options that might be followed upon completion of the planning efforts. Under this Amendment to Interlocal Agreement, and in accordance with the options, the City has elected to relieve Charlotte-Mecklenburg Board of Education of the obligation to build their required roadway improvement, and will construct the improvements as part of the larger City project. In return, Charlotte-Mecklenburg Board of Education will contribute to the City project funds and necessary right-of-way commensurate with their obligations. § The City project construction is expected to begin in 2018. Charlotte Business INClusion This is an interlocal agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Transportation Community Investment Plan Attachment Amendment to the Interlocal Agreement (Exhibit 1: the full Interlocal Agreement is available upon request) Exhibit 2: City-CMS Balance Sheet Map Budget Ordinance City of Charlotte Page 34 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Amendment to Interlocal Agreement with Charlotte Mecklenburg Board of Education Exhibit 2: City - CMS balance sheet - July 23 15 Location Map - Rocky River Rd West Improvements Budget Ordinance City of Charlotte Page 35 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 41. Bojangles Coliseum/Ovens Auditorium Parking Lot Expansion Action: Award a contract in the amount of $2,974,400 to the lowest responsive bidder Blythe Development Company for the Bojangles Coliseum/Ovens Auditorium Parking Lot Expansion Project. Staff Resource(s): Patrick Mumford, Neighborhood & Business Services William Haas, Engineering & Property Management Steve Bagwell, Charlotte Regional Visitors Authority Explanation § The Bojangles Coliseum/Ovens Auditorium Parking Lot Expansion project will construct a new 618 space parking lot at 3014 East Independence Boulevard, Charlotte NC 28205 - the site of the former Econolodge motel. § The existing parking lot has 1,200 parking spaces. § The project increases parking capacity to meet the current demands of the complex. § The new parking lot expansion will accommodate visitors to both the Bojangles Coliseum and Ovens Auditorium. § The scope of work consists of minor site demolition, new asphalt surfaces, retaining walls, landscaping, storm drainage, and site lighting. § The improvements meet the City’s Land Development requirements. § Plans to develop the parking lot south of Bojangles Coliseum as an amateur sports facility are on hold. § If an amateur sports facility is ultimately built, hundreds of parking spaces would be eliminated from the existing parking lot. § The parking lot expansion project will ease the burden of future parking losses and needs. § On July 14, 2015, the Engineering & Property Management Department advertised Invitations to Bid. § On July 21, 2015, a pre-bid conference and walk-through was held on site to actively solicit participation and discuss with potential bidders the scope of work. § By bid closing the City did not receive the minimum number of bids as required by North Carolina General Statute 143-129. § The project was re-advertised July 28, 2015. § On August 5, 2015, two bids were received from interested general contractors. § Blythe Development Company was identified as the lowest responsive bidder. § On January 13, 2014, the City Council approved the purchase and demolition of the Econolodge motel for an amateur sports development at the Bojangles Coliseum/Ovens Auditorium site. § The Econolodge motel demolition was completed in December 2014. § Construction is expected to be complete in the fourth quarter 2015. Background § Bojangles Coliseum/Ovens Auditorium opened in 1955 and has been operating for 59 years. § The coliseum was the first free-span dome in the United States. The Coliseum’s exterior has been designated a historic landmark. § The Bojangles Coliseum/Ovens Auditorium property is owned by the City of Charlotte and operated by the Charlotte Regional Visitors Authority. § The facilities average more than 100 events annually including graduations, consumer shows, civic events, concerts, and performances with average annual attendance of 183,232. § The Coliseum and the adjacent Ovens Auditorium hosts the majority of commencement exercises annually for Charlotte-Mecklenburg Schools, as well as many area colleges and private schools. City of Charlotte Page 36 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Charlotte Business INClusion Established SBE Goal: 11.00% Committed SBE Goal: 23.74% Blythe Development Co. exceeded the established SBE subcontracting goal, and has committed 23.74% ($706,062.50) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Landmark Materials, LLC (SBE, MBE) ($222,272) (hauling) · DLS Landscape (SBE) ($153,403) (landscaping) · Dakota Contracting Company (SBE, MBE) ($112,560) (storm drain) · R & N Construction Group, LLC (SBE) ($70,042.50) (retaining wall) · B & B Concrete Construction of Charlotte, Inc. (SBE, MBE) ($69,960) (concrete) · Express Logistics Services, Inc. (SBE, MBE) ($38,035) (hauling) · Ground Effects, Inc. (SBE) ($14,500) (pavement marking) · Griffin Surveying Services, PA (SBE) ($13,600) (survey) · P & TL, Inc. (SBE) ($11,690) (erosion control) Established MBE Goal: 9.00% MBE Commitments at Time of Bid Submission (8/5/15): 1.27% MBE Commitments to Date (effective 8/19/15): 5.06% MBE Commitments (effective 8/19/15) with Inclusion of Asian American Firm*: 12.53% To date, Blythe Development Co. has committed 5.06% ($150,595) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Dakota Contracting Company (SBE, MBE) ($112,560) (storm drain) · Express Logistics Services, Inc. (SBE, MBE) ($38,035) (hauling) *At bid opening Blythe Development Co. committed MBE utilization of $222,272 to Landmark Materials, LLC, an Asian American owned firm. However, Landmark Materials participation cannot be counted towards the MBE subcontracting goal because Asian American owned firms were not documented as underutilized by the City’s disparity study. If Landmark’s participation were included, the total MBE commitments on the project would equal $372,867 or 12.53%. Blythe Development Co. did not meet the established MBE subcontracting goal. The CBI Office has granted a waiver of Good Faith Efforts for this project (Part B. Section 6.2 of the Charlotte Business INClusion Policy). In determining whether to grant such waiver, the CBI Office considered the following factors: · The lowest Bidder, Blythe Development Co., did not comply with the Good Faith Efforts requirements, but has proposed MBE utilization that is greater than that proposed by the second lowest Bidder; · The City received only two bids for the project. The second bidder proposed 0% MBE participation; · The second lowest Bidder is $1,129,868 higher than the low bidder; · The first time this project was advertised the City did not receive the minimum number of bids required by North Carolina Statute; · The level of effort Blythe Development Co. has undertaken to meet the Good Faith Efforts requirements and MBE goal; and · Past efforts by Blythe Development Co. to meet subcontracting goals on City projects. Fiscal Note Funding: General Community Investment Plan Attachment Site Location Map City of Charlotte Page 37 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 15-1013_location map 42. Time Warner Cable Arena Centralized Beverage System Replacement Action: Authorize the City Manager to negotiate and award a contract not to exceed $625,000 for the Time Warner Cable Arena Centralized Beverage System Replacement project. Staff Resource(s): William Haas, Engineering & Property Management Steve Bagwell, Charlotte Regional Visitors Authority Explanation § On September 8, 2014, the City Council approved $27.5 million in capital investment for the Time Warner Cable Arena. The capital plan will be completed between years 2015 to 2019. § Of the $27.5 million, $730,000 was budgeted for modifications to food service spaces and equipment. § On November 24, 2014, the City Council authorized the City Manager to award an architectural contract to AECOM of NC, Inc. for design services related to the capital plan. § The design team evaluated the centralized beverage system and recommends that elements of this system be replaced before the 2015-2016 Charlotte Hornets season begins to ensure quality and cleanliness. § Containerized beverages are kept in several coolers within the Arena. Pumps push the beverages through refrigerated piping to each concession stand. § The current system is almost 10 years old and is original to the building. The portions that will be replaced are at the end of their useful life. § City staff is in the process of soliciting proposals for this project and will recommend award to the City Manager. § This contract is being fast tracked so installation can occur in September and October prior to the beginning of the basketball season in late-October. Should the system not be operational at the beginning of the basketball season, temporary provisions will be in place to minimize the disruption in beverage service. § The current cost estimate is $600,000. § Manufacturers of beverage distribution systems only allow contractors certified by that manufacturer to install these systems. It is unlikely that a certified installer will be registered in the Charlotte Business Inclusion Program. Charlotte Business INClusion No subcontracting goals will be established because there are no opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Tourism Capital Project Fund Attachment Time Warner Cable Arena Council Action Summary Time Warner Cable_Budget Line Item Comparison_RCA Attachment 8-24-2015 City of Charlotte Page 38 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 43. Municipal Agreements for Bridge Replacements Action: A. Adopt resolutions to authorize the City Manager to execute Municipal Agreements with the North Carolina Department of Transportation for the replacement of Morris Field Drive Bridge and Sardis Lane Bridge, and B. Adopt budget ordinances appropriating $4,084,000 for the replacement of Morris Field Drive Bridge and Sardis Lane Bridge. Staff Resource(s): Allison Brickey, Engineering & Property Management Gus Jordi, Transportation Explanation § The bridges meet North Carolina Department of Transportation criteria for replacement based on a ranking using a combination of sufficiency ratings and current conditions. - The Morris Field Drive Bridge spans the Norfolk Southern Railroad tracks and is located between Wilkinson Boulevard and Golf Acres Drive. - The Sardis Lane Bridge spans a small spur of McAlpine Creek and is located between Carosan Lane and Valleybrook Road. § The City will be reimbursed up to $3,267,200 of federal funding to be administered through the North Carolina Department of Transportation (NCDOT) to pay for 80% of the costs of preliminary engineering, environmental documentation, real estate acquisition, utility relocation, and construction costs of the projects. § The total budget for the bridge projects is estimated to be $4,084,000. Contributions from NCDOT total $3,267,200 with the balance being paid by the City’s Bridge Replacement Program ($816,800). § The City Council will be asked to approve preliminary engineering contracts in early 2016. § The City will perform the preliminary engineering, real estate acquisition, and construction. NCDOT will administer the money from the federal government and reimburse the City. § The format and cost sharing of this agreement is consistent with past bridge Municipal Agreements. § In the interim, the bridges will continue to be maintained for safe travel. Charlotte Business INClusion This is a Municipal Agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Transportation Community Investment Plan Attachment Maps Budget Ordinances Resolutions Location Map - Morris Field Drive Bridge Location Map - Sardis Lane Bridge CDOT ord 082415 Bridge Replacements Resolution Morris Field Bridge MA Resolution Sardis Ln Bridge MA City of Charlotte Page 39 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 44. Bridge Painting Service Action: Award a contract in the amount of $676,697.10 to the lowest responsive bidder Astron General Contracting, Inc. for the paint service to City bridges. Staff Resource(s): Gus Jordi, Transportation Explanation § The Federal Highway Administration mandates that bridges and culverts be inspected every two years for structural adequacy, safety and functionality. § The City is responsible for the inspection and maintenance of 208 bridges within Charlotte’s city limits. - On March 24, 2014, the City Council approved a contract to inspect City bridges and culverts. - On March 23, 2015, the City Council approved a contract for repair design. § The paint service contract provides for routine maintenance work to eight bridges identified in the inspection process. § Work includes, but is not limited to: - Removal, containment and disposal of the existing paint, - Surface preparation, - Painting, - Traffic control, and - Pollution control. § On June 16, 2015, the City issued an Invitation to Bid for Bridge Painting Service; seven bids were received from interested service providers. § Astron General Contracting, Inc. was selected as the lowest responsive bidder. § A bridge structural repair contract will be brought before the City Council this fall. Background § City bridges are inspected every two years per federal a requirement, which begins the cycle of City bridge maintenance. § Repair needs are identified during bridge inspections, and the following contracts are awarded resulting from inspection findings: - Repair design, - Bridge painting, and - Bridge structural repair. Charlotte Business INClusion Established SBE Goal: 2.00% Committed SBE Goal: 2.00% Astron General Contracting, Inc. met the established subcontracting goal, and has committed 2.00% ($13,533.94) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): • Roadmasters Traffic Control LLC (SBE, WBE) ($13,533.94) (traffic control) Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map List of Bridges City of Charlotte Page 40 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Bridge Painting Service Map 2015 Paint Contract Bridge List 45. Wallbrook Drive Storm Drainage Repair Action: Award a contract in the amount of $297,353.10 to lowest responsive bidder Ferebee Corporation for the Wallbrook Drive storm drainage repair project. Staff Resource(s): Stewart Edwards, Engineering & Property Management Explanation § The project will improve 1,300 feet of existing storm drainage infrastructure on multiple properties to reduce flooding of streets and homes. § The project affects eight properties on Wallbrook Drive in the Providence Hills Neighborhood, which is located off McKee Road and Pleasant Plains Road. § The work will include: - Installation of pipe lining, - Replacement of storm drainage pipes and structures, - Curb and gutter, and - Asphalt pavement repair. § On June 29, 2015, the City advertised an Invitation to Bid for 4101 Wallbrook Drive Storm Water Repair; four bids were received from interested service providers. § Ferebee Corporation was the lowest responsive bidder. § Construction is expected to be complete first quarter 2016. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Storm Water Community Investment Plan Attachment Map Location Map for Wallbrook Drive Storm Drainage Repair City of Charlotte Page 41 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 46. Princeton-Somerset Storm Drainage Improvement Project Award a contract in the amount of $1,471,856.10 to the lowest responsive bidder Ferebee Corporation for the Princeton-Somerset Storm Drainage Improvement Project. Staff Resource(s): Stewart Edwards, Engineering & Property Management Explanation § The Princeton-Somerset Storm Drainage Improvement project is a flood control project that will improve the storm drainage infrastructure to reduce flooding of streets, properties and structures. The project area is located in the Upper Little Sugar Creek Drainage Basin. § The project area is bounded by Lilac Road to the north, Somerset Drive to the west, Princeton Avenue to the south and Freedom Park to the east. § The work will include: - Storm drainage, - Sidewalk, - Curb and gutter, - Driveways, - Wheel chair ramps, - Asphalt pavement replacement, - Traffic control, and - Water and sanitary sewer installation. § On May 12, 2015, the City issued an Invitation to Bid; five bids were received from interested service providers. § Ferebee Corporation was selected as the lowest responsive bidder. § Construction is expected to be complete fourth quarter 2016. Charlotte Business INClusion Established SBE Goal: 15.00% Committed SBE Goal: 18.08% Ferebee Corporation exceeded the established SBE subcontracting goal, and has committed 18.08% ($266,110) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § On Time Construction, Inc. (SBE, MBE) ($110,748) (masonry) § Marty Campbell, Inc. (SBE) ($104,000) (hauling) § Whitesell Trucking, Inc. (SBE) ($21,975) (clearing) § B & B Concrete Construction of Charlotte, Inc. (SBE) ($19,404) (concrete) § Carolina Wetland Services, Inc. (SBE, WBE) ($9,983) (erosion) Established MBE Goal: 3.00% Committed MBE Goal: 7.52% Ferebee Corporation exceeded the established MBE subcontracting goal, and has committed 7.52% ($110,748) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § On Time Construction, Inc. (SBE, MBE) ($110,748) (masonry) Fiscal Note Funding: Storm Water Community Investment Plan ..Attachments Attachment Map City of Charlotte Page 42 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Attachment Map Location Map for Princeton-Somerset Storm Drainage Improvement Project 47. Federal Memorandum of Agreement for Airport Traffic Control Tower Action: Approve a Memorandum of Agreement that permits the Federal Aviation Administration to construct, operate, and maintain a new Airport Traffic Control Tower at Charlotte Douglas International Airport. Staff Resource(s): Brent Cagle, Aviation Explanation § The Airport and the Federal Aviation Administration (FAA) are parties to a master lease agreement that permits the FAA to construct, operate, and maintain FAA-owned navigation, communication and weather aids for the support of air traffic operations on the airfield. This Memorandum of Agreement amends the master lease to include a new tower. § The Memorandum of Agreement contains the necessary rights of way for ingress and egress to the site, easements, and legal rights to facilitate land development for construction of a new control tower. § The term shall commence July 01, 2015, and continue through September 30, 2035. § FAA will pay Aviation no monetary consideration for the use of the land. The rights extended to the FAA are considered to be the obligations necessary for establishing, operating, and maintaining navigational aid facilities at the airport. § Title to the FAA improvements remains with the FAA during the life of the agreement. § The FAA estimates commissioning the new tower in late 2019. Fiscal Note Funding: Not Applicable City of Charlotte Page 43 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 48. Airport Camera and Security System for Parking Facilities Action: A. Approve a six-month contract with Faith Group, LLC for the creation and design of a video surveillance system master plan and technical development services for the Airport’s consolidated rental car facility and parking deck, and B. Authorize the City Manager to approve two additional, six-month term extensions with possible price adjustments as authorized by the terms of the contract. Staff Resource(s): Brent Cagle, Aviation Explanation § The Aviation Department is integrating the parking facilities into the Airport’s overall security system. This integration includes new security cameras, emergency communications, and access control. § The Airport maintains an extensive camera system, which requires replacement of analog equipment and the addition of new digital equipment as the Airport continues to expand and meet technology demands. This will require future investments in hardware and software. § To optimize this investment, the Aviation Department is developing a comprehensive and scalable video management system to meet security, operations, and facility maintenance needs. § On May 20, 2014, the City issued a Request for Qualifications for Communications Infrastructure Design Services. The City received 11 proposals from interested service providers. § The Aviation Department selected the Faith Group and four other firms as qualified vendors. Faith Group was chosen for this particular project based on its experience with airport video systems. § The contract amount is estimated to be $174,000. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C. Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, Faith Group, LLC has committed 4.60% ($8,000) of the total contract amount to the following certified firm: § JCMR Technology Inc. (SBE) ($8,000) (on-site inspection and existing conditions information) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 44 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 49. Airport Multifunction Snowplow Action: A. Approve the purchase of 2015 Vammas PSB5500 Airport Multifunction Snowplow, as authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Award a contract in the amount of $935,000 with Fortbrand Services, Inc. for the one time purchase of an Airport Multifunction Snowplow. Staff Resource(s): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. Standardization or compatibility is the overriding consideration. § The City Council must approve purchases made under the sole source exception. Explanation § The Aviation Department uses multifunction snowplows to clear and maintain the runways and taxiways during snow and icing conditions. § On September 23, 2013, the City Council approved the purchase of three used Vammas multifunction snowplows. With this equipment, the Aviation Department has significantly enhanced its snow removal procedures and increased capacity during inclement weather. § The Aviation Department has identified a need for an additional multifunction snowplow, which will allow for a 33% increase in snow removal capacity, while maintaining equipment uniformity to maximize snow removal capacity and minimize equipment maintenance costs. § The additional capacity will provide the airlines with more runway availability during snow and ice events. § Fortbrand Services will provide warranty work as well as operating and maintenance training to Aviation staff. Fortbrand Services will also provide 24/7 technical support and on-site staff during inclement weather conditions at the Airport for the first year of ownership. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use Passenger Facility Charge funds to pay for this project in Application #6. City of Charlotte Page 45 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 50. Airport Taxiway Safety Area Improvements Action: A. Award a contract in the amount of $692,165 to the lowest responsive bidder Dakota Contracting Co. for taxiway safety area improvements, B. Approve a contract in the amount of $31,207 with Talbert, Bright and Ellington, Inc. for the construction administration of the taxiway safety area improvements, and C. Adopt a budget ordinance appropriating $723,372 from the Aviation Discretionary Fund to the Aviation Community Investment Plan. Staff Resource(s): Jack Christine, Aviation Explanation § The project removes unnecessary pavement adjacent to two taxiways to ensure the overall safety of the airfield. § On June 10, 2009, the Aviation Director approved a design contract with Talbert, Bright and Ellington, Inc. to prepare the construction documents for taxiway safety area improvements. The Aviation Department delayed this project as other higher priority airfield projects were underway. The new contract with Talbert, Bright and Ellington, Inc. will cover the construction administration services for the project. § On June 18, 2015, the City issued an Invitation to Bid for construction services for the Taxiway Safety Area Improvements; three bids were received from interested service providers. § Dakota Contracting Co. was the lowest responsive bidder. Disadvantaged Business Enterprise Established DBE Goal: 6% Committed DBE Goal: 7.51% Dakota Contracting Company exceeded the established subcontracting goal, and has committed 7.51% ($52,000) of the total contract amount to the following certified firm: § D’s Trucking Service Inc (DBE, SBE, WBE) ($52,000) (hauling) Dakota Contracting Company is also a City MBE and SBE. Fiscal Note Funding: Aviation Community Investment Plan The project is being 75% funded by a Federal Aviation Administration Grant. The Airport will pay for the 25% local share. The Aviation Department intends to seek Federal Aviation Administration approval to use Passenger Facility Charge funds to reimburse the local share for this project in Application #6. Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 46 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 51. Airport Concourse A Passenger Boarding Bridges Action: A. Award a contract in the amount of $129,976 to the lowest responsive bidder Metro Landmarks Construction, LLC for the construction of improvements to Concourse A for the installation of three new passenger boarding bridges, and B. Adopt a budget ordinance appropriating $129,976 From the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Due to the merger of American Airlines and US Airways, two of the gates on Concourse A became available to the other carriers using this concourse. The Aviation Department has negotiated with Delta Airlines and United Airlines to each lease one of these gates. The new layout also allows for the installation of a new gate that will be a city-owned gate, which airlines can schedule to use. § These new operations require improvements and modifications to Concourse A to install one new passenger boarding bridge and replace two older bridges. § On February 9, 2015, the Deputy Aviation Director approved a design contract in the amount of $20,750 with AME Consulting Engineers, PC to provide the construction documents for modifying two gates and adding a new gate to Concourse A. § On July 27, 2015, the City Council awarded a contract for the purchase of three passenger boarding bridges. § On June 26, 2015, the City issued an Invitation to Bid for the make ready package; three bids were received from interested service providers. § Metro Landmarks Construction, LLC is the lowest responsive bidder. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, Metro Landmarks Construction, LLC. has committed 9.97% ($12,956) of the total contract amount to the following certified firms : § Pavers, Walls and Stamped Concrete, LLC (MBE, SBE) ($10,464) (concrete) § Stevens Interiors, Inc. (SBE) ($2,492) (drywall, insulation) Metro Landmarks Construction, LLC. is also a City MBE and SBE. Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use Passenger Facility Charge funds to pay for this project in Application #6. Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 47 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 52. Airport Vehicle Movement Area Transponders Action: A. Adopt a resolution accepting a Federal Aviation Administration grant in the amount of $422,610 for the purchase of vehicle movement area transponders, B. Approve the purchase of vehicle transponders as authorized by the sole source exemption of G.S. 143-129 (e)(6), C. Approve a contract with Excelis Incorporated for the purchase of vehicle movement areas transponders, related installation, monitoring software, training and verification for the term of one year, D. Approve a contract with Excelis Incorporated for maintenance services of the vehicle movement areas transponders and related software for the term of five years. E. Authorize the City Manager to renew the maintenance services contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. F. Adopt a budget ordinance appropriating $422,610 in Federal Aviation Administration grant funds and $140,870 in local share from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. § The City Council must approve purchases made under the sole source exception. Explanation § The Federal Aviation Administration (FAA) issued an Advisory Circular in November 2011, which provided guidance on the development, installation, testing, approval, and maintenance of vehicle movement area transponders. § The FAA strongly encourages airport operators to voluntarily equip appropriate vehicles with these transponders, which allows local FAA air traffic personnel to track Airport-owned vehicles operating on the airfield and help reduce potential incidents involving vehicles and aircraft. § The first contract includes the purchase and installation of 75 transponders to Aviation Department-owned vehicles. § The FAA has provided an Airport Improvement Program grant in an amount up to $422,610 to pay for 75% of the purchase and installation cost. The Airport will pay the 25% local share in the amount of $140,870. § The Aviation Department estimates annual expenditures for software monitoring and maintenance under the contract in the amount of $145,000. These costs will be paid using Aviation Operating funds. Disadvantaged Business Enterprise No subcontracting goal was established for this contract because there are no opportunities. Fiscal Note Funding: Aviation Operating Budget and Aviation Community Investment Plan The project is being 75% funded by a Federal Aviation Administration Grant. Aviation will pay for the City of Charlotte Page 48 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 25% local share and intends to seek Federal Aviation Administration approval to use Passenger Facility Charge funds to reimburse the local share for this project in Application #6. Attachment Budget Ordinance Resolution Budget Ordinance Resolution 53. Airport Runway and Taxiway Pavement Rehabilitation Action: A. Award a contract in the amount of $3,841,881.20 to the lowest responsive bidder Cedar Peaks Enterprises, Inc. for the rehabilitation of runway and taxiway pavement, and B. Adopt a budget ordinance appropriating $3,841,881.20 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport’s Pavement Management Program has identified Runway 5/23 and Taxiways D, A, and M for rehabilitation of the asphalt pavement to extend the useful life and maintain operational capacity. § On May 28, 2013, the City Council awarded a contract to WK Dickson, Inc. in the amount of $196,000 for the design of the rehabilitation of the runway and taxiway pavements. On July 27, 2015, the City Council approved contract amendment #1 in the amount of $186,000 for construction administration, quality assurance testing, and project inspection. § On June 18, 2015, the City issued an Invitation to Bid for construction services for the runway and taxiway pavement rehabilitation. Not enough bids were received; however, on July 16, 2015, the project was re-advertised and two bids were received from interested service providers. § Cedar Peaks Enterprises, Inc. was the lowest responsive bidder. Disadvantaged Business Enterprise Established DBE Goal: 9% Committed DBE Goal: 9% Cedar Peaks Enterprises, Inc. met the established subcontracting goal, and has committed 9% ($345,609) of the total contract amount to the following certified firms: § Apex Petroleum Corporation (DBE) ($201,000) (supply of petroleum products) § All Points Trucking Inc. (DBE, SBE) ($144,609) (hauling) Fiscal Note Funding: Aviation Community Investment Plan 75% of this project is being paid for with Federal Aviation Administration grant. Aviation will pay the remaining 25% and intends to seek Federal Aviation Administration approval to use Passenger Facility Charge funds to pay for the local share of this project in Application #6. Budget Ordinance City of Charlotte Page 49 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 54. Airport Central Energy Plant Improvements Action: Award a contract in the amount of $1,869,800 to the lowest responsive bidder Cam-Ful Industries, Inc. for the replacement of three chillers in the Airport’s West Central Energy Plant. Staff Resource(s): Jack Christine, Aviation Explanation § On October 27, 2014, the City Council awarded an engineering design contract to McKim & Creed in the amount of $141,840 for design work related to the replacement of three chillers in the Airport’s west central energy plant. § The project will replace three chillers in the west central energy plant that were installed in the late 1980s and have reached the end of their useful life. § On June 12, 2015, the City issued an Invitation to Bid; six bids were received from interested service providers. § Cam-Ful Industries was the lowest responsive bidder. Charlotte Business INClusion Established SBE Goal: 4.00% Committed SBE Goal: 6.03% Cam-Ful Industries, Inc. exceeded the established subcontracting goal, and has committed 6.03% ($112,800) of the total contract amount to the following certified firm (Part B: Section 3 of the Charlotte Business INClusion Policy): § A& W Electric, Inc. (SBE) ($112,800) (electrical) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 50 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 55. Airport Federal Aviation Administration Grant Acceptance Action: Adopt a resolution accepting a Federal Aviation Administration grant in the amount of $11,470,826 for Airport projects. Staff Resource(s): Jack Christine, Aviation Explanation § Each year, the Federal Aviation Administration provides Airport Improvement Program entitlement grant funding based on the Airport’s operations and number of boarded passengers. § The total amount of the entitlement funding for this year is $11,470,826. § Per the grant terms, proceeds from this grant will fund 75% of the project costs for the reimbursement of master plan land acquisition, airport firefighting trucks, runway and taxiway pavement rehabilitation, and taxiway safety area improvements. § Local funds will pay for the remaining 25% of the project costs. § Management & Financial Services and the Aviation Department will determine the final appropriation of these funds to specific projects. Fiscal Note Funding: Aviation Community Investment Plan Attachment Resolution Resolution City of Charlotte Page 51 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 56. 12-Inch Water Main Along General Drive Action: Award a contract in the amount of $428,026.20 to the lowest responsive bidder Dellinger, Inc. for the construction of a 12-inch water main along General Drive. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The purpose of the project is to improve water pressure and flow to the area around General Drive and Ridge Creek Drive. § On April 27, 2015, Charlotte Water issued an Invitation to Bid for the construction of a 12-inch water main along General Drive; seven bids were received from interested service providers. § Dellinger, Inc. was selected as the lowest responsive bidder. Charlotte Business INClusion No SBE subcontracting goal was established because there are limited subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). However, Dellinger, Inc. has committed 3.90% ($16,703) of the total contract amount to the following certified firms: § P&TL, Inc. (SBE) ($12,512) (seeding and matting) § All Points Trucking, Inc. (SBE) ($4,191) (hauling) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map 538-15-004_General_Drive_Improvements_Map City of Charlotte Page 52 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 57. Asphalt and Concrete Repair Services Action: A. Approve a contract for asphalt and concrete repair services for an initial two-year term with Barry’s Concrete and Service Inc., and B. Authorize the City Manager to approve two additional, one-year extensions. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The contract provides for repairs to sidewalks, driveways, and streets that have been disrupted by Charlotte Water crews in the course of making water and sanitary sewer system repairs. § Road repairs covered by these contracts will occur primarily outside the Charlotte city limits because the Charlotte Department of Transportation performs roadway repairs within the city limits. § On June 12, 2015, Charlotte Water issued a Request for Proposals. The deadline for proposals was extended by an additional three weeks during the original solicitation period. No proposals were received, and the Request for Proposals was re-advertised on July 27, 2015. As a result, one proposal was received from Barry’s Concrete and Service Inc. § Barry’s Concrete and Service Inc. is responsible for furnishing all equipment, personnel, and materials required to perform these repair services. § The City reserves the right to renew the contract based on the performance of the contractor and the determination that unit prices remain competitive. § Estimated annual cost is $1,200,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 53 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 58. Clarke Creek Tributary Sewer Line Action: Award a contract in the amount of $2,797,313.15 to the lowest responsive bidder B.R.S., Inc. for construction of the Clarke Creek Tributary Sewer Line. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The project will install approximately 12,000 linear feet of 18-inch through 24-inch gravity sewer pipe along the North Prong of Clarke Creek, beginning just west of the Skybrook neighborhood to the north side of Ramah Church Road in eastern Huntersville, NC. § The wastewater will be carried to the Rocky River trunk sewer system for treatment at the Water and Sewer Authority of Cabarrus County’s Rocky River Regional Wastewater Treatment Plant. Charlotte Water has an interlocal agreement with the Water and Sewer Authority of Cabarrus County to perform wastewater treatment at the Rocky River Regional Wastewater Treatment Plant. § This area does not currently have public sewer service and the proposed sewer line has been designed to handle flows for the build-out of the service area based on existing zoning. § The need for sanitary sewer in the Clarke Creek North Prong basin was identified in the Charlotte-Mecklenburg Fiscal Year 2001 Community Investment Plan. The project was determined to be necessary in order to accommodate ongoing and predicted growth in the Clarke Creek drainage basin. It will also eliminate an existing wastewater lift station located at the end of the project. § On July 7, 2015, Charlotte Water issued an Invitation to Bid for the construction of the Clarke Creek Tributary Sewer Line; eight bids were received from interested service providers. § B.R.S., Inc. was selected as the lowest responsive bidder. Charlotte Business INClusion Established SBE Goal: 5.00% Committed SBE Goal: 5.18% BRS, Inc. exceeded the established subcontracting goal, and has committed 5.18% ($145,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § MTS Trucking, Inc. (SBE, MBE) ($44,000) (hauling) § Accutech Surveying and Mapping, LLP (SBE) ($41,000) (surveying) § P and TL, Inc. (SBE) ($33,000) (erosion control) § Sanders Constructors, Inc. (SBE) ($27,000) (clearing and grubbing) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Clarke Creek map City of Charlotte Page 54 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 59. Mallard Creek Wastewater Treatment Plant Blower Building Upgrades Action: Award a contract in the amount of $349,000 to the lowest responsive bidder Edison Foard Construction Services, Inc. for upgrades of the blower building at Mallard Creek Wastewater Treatment Plant. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § One of the processes in the wastewater treatment process uses large blowers to inject air into bubblers at the bottom of several large tanks to aerate the wastewater. § The building at the Mallard Creek Wastewater Plant that houses the blowers was built in 1979 with only minor modifications and improvements since that time. The current ventilation system has reached the end of its useful life and the roof of the building is leaking. § The project provides for: - Installation of four electrically powered exhaust fans and air intake louvers, - Installation of sound attenuation wall and ceiling panels, - Installation of discharge piping thermal insulation, - Installation of air intake filtration system, - Minor paint and caulking, and - Re-roofing of the building. § On July 21, 2015, Charlotte Water issued an Invitation to Bid for Blower Building Upgrades at Mallard Creek Wastewater Treatment Plant; four bids were received from interested service providers. § Edison Foard Construction Services, Inc. was selected as the lowest responsive bidder. Charlotte Business INClusion Established MBE Goal: 3.00% Committed MBE Goal: 0.00% Edison Foard Construction Services, Inc. failed to meet the established subcontracting goal, but earned the minimum Good Faith Effort Points (Part B: Section 5 of the Charlotte Business INClusion Policy). However, Edison Foard has committed 1.06% ($3,688) of the total contract amount to the following certified firms: § B & G Waterproofing, Inc. (SBE) ($2,715) (pressure wash) § Stevens Interiors, Inc. (SBE) ($973) (drywall, metal stud framing) A further detailed write-up of Edison Foard’s Good Faith Efforts is attached. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Good Faith Efforts Summary Mallard Map GFE Summary Attachment for MallardCreekWRFBlowerBldgUpgrades235-14-591 City of Charlotte Page 55 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 60. McDowell Creek Wastewater Treatment Plant Digester Number Four Rehabilitation Action: Award a contract in the amount of $144,773 to the lowest responsive bidder Carolina Management Team, Inc. for the rehabilitation of Digester Number Four at the McDowell Creek Wastewater Treatment Plant. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § McDowell Creek Wastewater Treatment Plant uses five large concrete digester tanks in the wastewater treatment process. § Digesters require periodic internal cleaning, inspection, and maintenance. Only one digester can be removed from service at a time. § The contract provides for internal concrete restoration using a sprayed cement process for the first of the five digesters in the maintenance program. Charlotte Water will bid out rehabilitation services for the remaining four digesters over the next several years. § On July 7, 2015, Charlotte Water issued an Invitation to Bid for the rehabilitation of Digester Number Four at the McDowell Creek Wastewater Treatment Plant; four bids were received from interested service providers. § Carolina Management Team, Inc. was selected as the lowest responsive bidder. Charlotte Business INClusion Due to the specialty service required for this project, no subcontracting goals were established because there are no subcontracting opportunities. (Part B: Section 2.3 of the Charlotte Business INClusion Policy.) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McDowell_WWTP_Digester4 restoration MAP City of Charlotte Page 56 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 61. Access Control and Video Monitoring Services at Charlotte Water Facilities Action: A. Approve a services contract to Trinity Access and Video Solutions, Inc. to provide access control, video monitoring, and gate operations support services at all Charlotte Water facilities for an initial term of one year. B. Authorize the City Manager to approve two additional, one-year extensions. Staff Resource(s): Barry Gullet, Charlotte Water Explanation § Charlotte Water owns a number of security sensitive facilities that have substantial security and access control equipment such as electronic door and gate access systems, intrusion alarm systems, and video monitoring. The security equipment requires a wide variety of preventative maintenance, repair and installation services. This contract will provide those services. § On June 19, 2015, Charlotte Water issued a Request for Proposals; three proposals were received from interested service providers. § Trinity Access and Video Solutions, Inc. was selected based on their qualifications, experience, response time, references, and price. § Trinity Access and Video Solutions, Inc. will provide preventative maintenance, troubleshooting, repair, and installation services. § Estimated annual expenditures are $273,920; $73,920 for inspection, testing and preventative maintenance; $200,000 for equipment, installation and repair (based on historical spending); the total estimated three year amount is $821,760. § Some equipment must be purchased from Trinity Access and Video Solutions, Inc. through an authorized licensed dealer; other needed equipment will be purchased by Charlotte Water and installed by Trinity Access and Video, Inc. § Purchase Orders will be issued for this work on an as-needed basis and all work paid for based on the hourly or lump sum rates stated in contract for the various types of work. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Trinity Access and Video Solutions, Inc. is a City SBE. Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 57 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 62. CATS Bus Wheel Reconditioning Services Action: A. Award a unit price contract to the lowest responsive bidder Global Aviation Services for bus wheel reconditioning services for the term of one-year, and B. Authorize the City Manager to renew the contract for up to two, additional one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § The service entails the vendor collecting and transporting wheels to their facility, inspecting wheels for damage, removing burrs and scratches from the wheels and reconditioning/polishing them to a high-gloss finish. The inspection, cleaning and reconditioning helps to ensure their durability and extended use on the bus fleet. § On May 1, 2015, CATS issued an Invitation to Bid; five bids were received from interested service providers. § The unit prices are set forth in the proposed contract and are available upon request. § Annual expenditures under the contract are estimated to be $55,000. Apparent Low Bidder - Non-responsive § The apparent low bidder, Snider Fleet Solutions, was determined to be non-responsive. § Staff recommends award of the contract to the lowest responsive bidder Global Aviation Services. Charlotte Business INClusion No subcontracting goal was established because there are no opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 58 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 63. CATS Bus Maintenance Parts Contract Amendment Action: Authorize the City Manager to negotiate and execute contract amendment #2 for an amount up to $1,500,000 with Cummins Atlantic for bus engine and engine parts for maintenance of the CATS bus fleet. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § The Transit Bus Operations Division uses proprietary original equipment manufacturer (OEM) bus parts in the daily maintenance and repair of the transit bus fleet. § The proprietary OEM parts meet the required specifications and standards to keep the buses in the proper operating condition and to maintain the bus warranty. Bus parts are ordered on an “as needed” basis. § CATS has traditionally employed fixed route buses for an average of 12 years and approximately 500,000 miles of use, but with improved integrity of bus construction and the CATS bus maintenance regimen. CATS is now working to extend the useful life of these buses to 15-16 years. § As a result of this effort, there is an increased cost of bus maintenance, including engine and engine parts for those additional years of service. § On January 27, 2014, the City Council awarded the original contract in the amount of $800,000 to Cummins Atlantic and authorized two renewals ($800,000 each), bringing the total contract value to $2,400.000. § Contract amendment #1 exercised the first renewal of the contract as authorized by City Council. § Contract amendment #2 for an amount up $1,500,000 provides additional funds for increased bus parts to be used under the contract in order to maintain the extended useful life of the buses. § The new total contract value is $3,900,000. Disadvantage Business Enterprise Opportunity Pursuant to the Department of Transportation DBE Program, subpart C, no DBE utilization goal was set for this solicitation and resultant because there will be no subcontracting opportunities Fiscal Note Funding: Transit Operating Budget and Federal Grants City of Charlotte Page 59 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 64. Maintenance and Support for Accounts Receivable Systems Action: A. Approve ongoing maintenance and support for the FICS Loan Producer and Mortgage Servicing software for as long as the City uses the software, with price adjustments as authorized by the contract. B. Approve ongoing maintenance and support for the Mitchell Humphrey FMS Accounts Receivable software for as long as the City uses the software, with price adjustments as authorized by the contract. Staff Resource(s): Sherry Hite, Management & Financial Services Explanation § Mitchell Humphrey FMS-AR system is used by Management and Financial Services to bill for services rendered by City departments. - Annual maintenance and support for Fiscal Year 2016 is $20,517.00 § Neighborhood and Business Services and Management & Financial Services use the FICS Loan Producer and Mortgage Servicing software, which supports Neighborhood and Business Services affordable housing, economic development and House Charlotte loan programs. - Annual maintenance and support for FY2016 is $14,904.00 § These software packages have required functionality that does not exist in other software systems owned by the City. § The City plans to use these software packages for the foreseeable future because they work well and due to the expense of converting to another package. Charlotte Business INClusion No subcontracting goal was established because there are no opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note § Funding: Management & Financial Services Operating Budget City of Charlotte Page 60 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 65. LYNX Blue Line Extension Old Concord Park and Ride Lot Action: Award a construction contract to the lowest responsive bidder Blythe Development Company for the construction of a Park and Ride Lot at Old Concord Road Station in the amount of $4,927,900. Staff Resource(s): John Muth, CATS Danny Rogers, CATS Explanation § The project is to construct the Old Concord Road Park and Ride Lot located adjacent to the Old Concord Road Light Rail Station and platform. The project includes all the grading, paving, and drainage work required to build the 332 stall parking facility as well as two roadway segments totaling about 2,000 feet. The project also includes two bus bays and two bus passenger shelters. § On June 26, 2015, the City issued an Invitation to Bid for LYNX BLE contract 7A; Old Concord Park and Ride Lot; three bids were received from interested service providers. § Blythe Development Company was selected as the lowest responsive bidder. Disadvantage Business Enterprise Established DBE Goal: 11.80% Committed DBE Goal: 11.98% Blythe Development Company exceeded the established DBE subcontracting goal, and has committed 11.98% ($590,450) of the total contract to the following certified firms: § Drigger Electric and Control Company (DBE, SBE) ($390,450) § Express Logistics Services, Inc. (DBE, MBE, SBE) ($200,000) Fiscal Note Funding: Transit Community Investment Plan City of Charlotte Page 61 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 66. Gradall and Case Equipment Parts and Service Action: A. Approve the purchase of Gradall and Case Equipment original equipment manufacturer repair and replacement parts and services, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Hills Machinery for the purchase of original equipment manufacturer repair and replacement parts and service for an initial term of three years, and C. Authorize the City Manager to renew the contract for up to two additional, one year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management & Financial Services Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. § The City Council must approve purchases made under the sole source exception. Explanation § The City currently operates numerous units of Gradall and Case construction equipment for Charlotte Water and the Charlotte Department of Transportation. § Hills Machinery is the sole factory authorized dealer and distributor of Gradall and Case repair and replacement original equipment manufacturer parts and services for the Charlotte service area. § Gradall and Case Equipment dealers and distributors are required by the manufacturer to maintain existing warranties, parts standardization, reliable supply chains, factory support, service methods, and training. § Annual expenditures under the contracts are estimated to be $250,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 62 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 67. Check Point Internet Security Firewall Maintenance and Support Action: A. Approve the purchase of Check Point Software Technologies Ltd. internet security firewall support and maintenance from a federal contract as authorized by G.S. 143-129(e)(9a), B. Approve contracts with EC America, Inc., immixGroup, Inc., and the Teneo Group for the purchase of Check Point internet security firewall support and maintenance for the term of one year under GSA Schedule No. GS-35F-0511T, which was effective June 27, 2007, and C. Authorize the City Manager to extend the contract for additional one-year terms for as long as the federal contract is in effect, at prices and terms that are the same or more favorable than those offered under the federal contract. Staff Resource(s): Jeffrey Stovall, Innovation & Technology Federal Contract Exemption G.S. 143-129(e)(9a) allows local governments to purchase from contracts established by the United States government, including any federal agency, if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the federal contract. Explanation § The City uses Check Point brand products for its internet-facing security firewalls. § The City has been using Check Point products since 2001 and has a deep understanding of the company’s product line. § All City technology services, applications, and users depend on the continued operation of these firewalls. § The City Council request is for yearly Check Point firewall maintenance and support. This provides hardware replacement, software support, and licenses for the City’s firewalls. § Check Point products are available through multiple distribution channels, including the federal contract. § The contract was awarded by the GSA to EC America, Inc., a subsidiary of immixGroup, Inc., on June 27, 2007 for a term of ten years. The Teneo Group is an authorized Participating Dealer to immixGroup under the federal contract. § The vendors named in Action B are willing to provide to the City at the same or better terms as are provided in the GSA contract. § The unit prices set forth in the proposed contract are available upon request. § Annual expenditures under the contract are estimated to be $150,000. Charlotte Business INClusion This contract is a federally sourced contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Innovation & Technology Operating Budget City of Charlotte Page 63 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 68. Information Technology Business Planning Research and Advisory Services Action: A. Approve contract extension #1 for a term of one year with Gartner, Inc. for information technology business planning services and resources, including licensing for Gartner’s research knowledge base, benchmarking analytics, and diagnostic tools; and for Gartner analyst consultations, training and other related advisory services for up to $139,600, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jeff Stovall, Innovation & Technology Explanation § Innovation & Technology plays a critical delivery function for most City departments including information technology (IT) applications, infrastructure, information security, and public safety communications. § Gartner, Inc. provides industry leading research regarding the information technology field, including subscriptions to a research knowledge base and analytic tools, as well as advisory services including on-demand access to Gartner analysts. These services have proven invaluable in helping our limited IT staff resources make important technology decisions in a timely manner. § Gartner Inc. is the world’s leading IT industry research and advisory firm by market share and it services over 14,000 clients globally. It is the acknowledged authority in the information technology field. § The contract includes two categories of services: - The Gartner for IT Leaders Workgroup provides access to research and advice about information technology and the functional responsibilities of specific IT roles as well as the option of inquiry with Gartner analysts. - Gartner for IT Executives provides advice and research related to large IT initiatives such as the City’s Enterprise Resource Planning system. § On July 28, 2014, the City Council approved a one-year contract in the amount of $187,367 with Gartner, Inc. § The contract extension comprises a reduced scope of services and lower cost when compared with the original contract. § Gartner, Inc. has accumulated a substantial amount of organizational knowledge through their years of service to the City. At this time, it would require substantial additional investment by the City to duplicate these services. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy) Fiscal Note Funding: Innovation & Technology Operating Budget and Technology Capital Investments. City of Charlotte Page 64 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 69. Vehicle and Equipment Radiator, Air Charge Cooler, and Fuel Tank Repair Service Action: A. Approve a contract with Bullock’s Cleaning and Radiator Service for radiator, air charge cooler, and fuel tank repairs for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management & Financial Services Explanation § Management & Financial Services provides services on a wide variety of vehicles including, but not limited to, sedans, pickups, police cars, light duty industrial vehicles, SUVs, medium duty trucks, heavy duty trucks, fire apparatus, refuse collections, and construction equipment. § Radiator, air charge cooler, and fuel tank repair services are required to ensure availability of vehicles in the fleet to provide essential and emergency services to the citizens of the City of Charlotte. § The unit prices, set forth in the contract, are available upon request. § On June 16, 2015, the City issued a Request for Proposal (RFP) for radiator, air charge cooler and fuel tank repair services. In response to the RFP, the City received one proposal from an interested service provider. § Management & Financial Services staff evaluated the proposal and determined that Bullock’s Cleaning and Radiator Service meets the City’s needs in terms of qualifications, experience, cost, value, and responsiveness to RFP requirements. § Estimated contract expenditures are $200,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 65 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 70. Credit Card Merchant Services Action: A. Approve the purchase of credit card merchant services from a State contract as authorized by G.S. 143-129(e)(9), B. Approve a contract with Suntrust Merchant Services, LLC for the purchase of credit card merchant services for the term of one-year under the N. C. Office of the State Controller contract, and C. Authorize the City Manager to extend the contract for additional one-year terms as long as the State contract is in effect, at prices and terms that are the same or more favorable than those offered under the state contract; and D. Authorize the City Manager to purchase additional services as needed from time to time to optimize the City’s use of the State’s merchant services contract, including contract renewals, revisions and amendments issued by the State. Staff Resource(s): Robert Campbell, Management & Financial Services State Contract Exemption G.S. 143-129(e)(9) allows local government to purchase from State contracts if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the State contract. Explanation § Credit Card Merchant Services are used across the City in order to accept credit and debit card processing of payments at various locations. City departments including Aviation, CATS, Charlotte Fire Department, Charlotte-Mecklenburg Police Department, Charlotte Water, Engineering & Property Management, Charlotte Department of Transportation, Planning, and Management & Financial Services require credit card merchant services for the provision and payment of citizen services. § The City Council previously approved use of the State contract for credit card merchant services on October 27, 2014. § The N.C. Office of the State Controller competitively solicited and awarded a new Master Service Agreement for Merchant Card Services in 2015 for a term of five-years with two additional, one-year renewal options. § The City now wishes to use the new Master Service Agreement for ongoing merchant services needs across the City. The new State contract provides for more favorable terms and lower fees for credit card merchant services. § Management & Financial Services will be responsible for holding the Agency Participation Agreement required for use with the Master Service Agreement. § Annual expenditures are estimated to average $2 million per year. Charlotte Business INClusion This contract is purchased off a State contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 66 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 71. General Vehicle Collision Repair Services Action: A. Approve contracts with the following companies for General Vehicle Collision Repair Services for an initial term of three years: - Don Gardner’s Paint and Body, - J & T Body Shop, - Maaco Collision Repair, - Matthews Mobile Collision Center, - Parks Chevrolet, and - Sullivan Paint & Body Shop, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management & Financial Services Explanation § The City of Charlotte requires qualified service providers to work in conjunction with the City’s Management & Financial Services Department to perform complete turnkey collision repairs and related services (excluding any City applied graphics), on the City’s fleet. § Collision repairs may include, but are not restricted to paint and body work, frame, cooling systems and lines, engine components, transmission, steering, and related parts, repairs, or replacement. § On June 4, 2015, the City issued a Request for Proposal (RFP) for general collision repair services. In response to the RFP, the City received six proposals from interested service providers. § Management & Financial Services staff evaluated the proposals and determined that all six service providers meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The service providers will be paid the unit prices set forth in the contract, which is available upon request. § Estimated contract expenditures are $600,000 annually. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). One of the firms selected, Sullivan Paint & Body Shop, is a certified SBE. Fiscal Note Funding: Not Applicable City of Charlotte Page 67 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 72. Donation of Surplus Computers and Related Equipment to Goodwill Industries Action: Adopt a resolution approving the donation of surplus computers and related equipment to Goodwill Industries of the Southern Piedmont. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § On April 11, 2011, the City Council approved a partnership with Goodwill Industries for the management of surplus electronic equipment disposal. § Since initiation of the partnership, City donated electronics have directly impacted the community by: - Making refurbished electronics such as computers and laptops available at discount pricing; - Creating opportunities for 1,535 hours of on-the-job training; and - Making available employment opportunities in Goodwill electronic recycling and refurbishing operations. § North Carolina General Statute 160A-280 authorizes the donation of personal property from a City to another governmental unit or nonprofit organization upon adoption of a resolution by the City Council. A list of surplus computers and related electronic equipment will be created for each donation cycle and brought to the City Council for review and approval. § Throughout the year donations will be made as surplus equipment accumulates. § All computers with hard drives are securely cleaned of data by the City’s Innovation & Technology Department prior to being transported to the City’s Asset, Recovery, and Disposal facility. Fiscal Note Funding: Not Applicable Attachment Donation List Resolution Goodwill Donation - Exhibit - A Goodwill Donation - resolution City of Charlotte Page 68 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 73. Public Auction for Disposal of Equipment Action: A. Adopt a resolution declaring specific vehicles, equipment, and other miscellaneous items as surplus, and B. Authorize said items for sale by public auction on September 26, 2015. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Pursuant to North Carolina G.S. 160A-270(b) approval is requested for one public auction as follows: - On September 26, 2015, at 10:00 a.m. to dispose of City-owned property declared as surplus. § The auction is conducted at the City-County Asset Recovery and Disposal facility located at 5550 Wilkinson Blvd, Charlotte, North Carolina. § The City selected Rogers Realty and Auction Company, Inc., a woman-owned business, as the auction service provider through a competitive selection process. § A Request for Proposals was issued in 2008, and four proposals were received. On January 28, 2009, the City Council awarded the contract to Rogers Reality & Auction Co. for a term of three years with the option to renew for two additional, two-year renewals. § On January 28, 2014, the contract was renewed by amendment and it will expire in January 2016. At that time, Management & Financial Services will issue a new solicitation for auction services. § Services provided include up to 20 days of labor for one employee to assist with set up of the rolling stock auction. On auction day, four auctioneers and all support staff will be onsite to ensure a successful auction. Rogers also provides one employee for one week following the auction to disperse vehicles to buyers. § The auction company will be compensated for the sale through auction proceeds in the following manner: - Rolling stock equipment - 9.50% of the total gross sale price. - Miscellaneous items - 9.50% of the total gross sale price. - Proceeds go back to the entity (General Fund) or to the Enterprise Fund that owned the vehicle or equipment that was sold. Fiscal Note Funding: Not Applicable Attachment Property List Delegation of Authority Resolution Exhibit - A - Public Auction for Disposal of Equipment Delegation of Authority - Public Auction for Disposal of Equipment Resolution - Public Auction for Disposal of Equipment City of Charlotte Page 69 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 74. Dixie River Road Property Lease for County Recreational Facilities Action: Approve a ground lease agreement with Mecklenburg County for County use of a City-owned property of approximately 130 acres on Dixie River Road (parcel identification number 113-291-02) for recreational biking and walking trails. Staff Resource(s): Tony Korolos, Engineering & Property Management Barry Shearin, Charlotte Water Explanation § The City owns an approximately 130-acre parcel on Dixie River Road (parcel identification number 113-291-02). The property was acquired in 1994 in anticipation of a future water treatment plant. § Charlotte Water no longer has plans to construct a plant at this time as the southwestern area of the county is currently served by a system of large water mains. The property is also valuable for watershed protection. Charlotte Water has agreed that the property can be used for biking and walking trails, which will allow monitoring of the property along with low intensity public use. § There is no rent or fee associated with this lease. The initial term is five years with three options to renew for five years each. § Either the City or Mecklenburg County may elect to terminate the lease upon a 90-day notice. § Mecklenburg County will be solely responsible for maintenance of the property, including keeping the trails in good order and safe repair. In addition, the County may enter into a Development and Use Agreement with a third party for construction and maintenance of the trails. § The proposed lease agreement was approved by the Mecklenburg Board County Board of County Commissioners on August 4, 2015. Attachment Map Location Map - Dixie River Rd City of Charlotte Page 70 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 75. Transfer Surplus Land at Sugar Creek Waste Water Treatment Plant Action: Approve the transfer of approximately 9.5 acres of surplus land (Portion of tax identification number 173-061-02) located along Little Sugar Creek, south of Archdale Road to Mecklenburg County. Staff Resource(s): Barry Shearin, Charlotte Water Tim O’Brien, Engineering & Property Management Explanation § The property to be transferred is approximately 9.5 acres of a 17.97-acre parcel. Most of the land being transferred is in the 100-year flood plain with steep terrain and generally not developable. The land is located south of the Sugar Creek Waste Water Treatment Plant and is zoned R-4. The property was acquired in 1931 and is no longer needed by Charlotte Water. § Little Sugar Creek is within the area to be transferred to Mecklenburg County. Duke Power and Piedmont Natural Gas have utility easements that run the length of the property to be conveyed. § The Future Land Use Plan calls for this area along Little Sugar Creek to be designated as greenway. Due to the inability to construct within the flood plain area, the highest and best use for the portion of the land being transferred to Mecklenburg County is for greenway purposes. § Transferring the land to Mecklenburg County will likely make the remaining property (approximately 8.5 acres) more valuable since it will benefit from the amenity of a greenway trail. § No Charlotte Water utility lines within the area will be transferred; and no plans for future lines within the area. Background § Mecklenburg County is working in partnership with the City’s Cross Charlotte Trail which will result in a continuous north/south greenway and multi-use trail across the County. § Along with this portion of the Little Sugar Creek Greenway Trail, Mecklenburg County Park and Recreation Department will be constructing the greenway trail through Charlotte Water’s Sugar Creek Waste Water Treatment Plant property. A fence will be installed to protect the plant and keep pedestrians from accessing the waste water treatment plant operating area. § The Charlotte Mecklenburg Planning Committee recommended approval by a 5-0 vote to include this parcel to the greenway system as it will serve a critical need in providing linkages to other greenway trails, including the Cross Charlotte Trail. Fiscal Note Funding: Not applicable Little Sugar Creek Greenway Trail Map City of Charlotte Page 71 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 76. Sale of Parcel 3, Interstate-277 Surplus Land A. Adopt a resolution proposing to accept the offer from Proffitt Dixon Partners, LLC to purchase Parcel 3 of the Interstate-277 Surplus Land (parcel identification number 125- 171-05) for the amount of $4,100,000, and B. Authorize the advertisement of the proposed sale for upset bids in accordance with the resolution and authorize the City Manager to execute all documents necessary to complete the sale of the property in accordance with the resolution. Staff Resource(s): Ron Kimble, City Manager’s Office Tony Korolos, Engineering & Property Management Catherine Cooper, City Attorney’s Office Explanation § In August 2015, the City received an offer from Proffitt Dixon Partners, LLC for the purchase and development of Parcel 3 of the Interstate-277 surplus land (parcel identification number 125-171- 05) located at E. Stonewall Street. § Proffitt Dixon Partners, LLC submitted a contract that has been accepted as the initial offer and will be advertised for upset bids in accordance with North Carolina General Statute 160A-269. § The offer from Proffitt Dixon Partners, LLC includes the following terms: - Price of $4,100,000. The MAI appraised value is $4,777,000. - A deposit of 5% of the purchase price ($205,000) as required per North Carolina General Statute 160A-269. - A Due Diligence Period of 90 days and a Contingency Period of 90 days. After the initial 90 -day due diligence period, $105,000 of the deposit becomes non-refundable and the balance of $100,000 becomes non-refundable after the expiration of the contingency period. - Closing shall occur no later than June 30, 2016. - Buyer has the ability to extend the closing date for 30 days by providing written notice to Seller no later than two business days before the closing date and depositing $25,000 which shall be considered Earnest Money Deposit and apply to the Purchase Price. Request § The City Council is requested to accept the offer for Parcel 3 from Proffitt Dixon Partners, LLC subject to the upset bid process. § The proposed sale will be advertised for upset bids in accordance with North Carolina General Statute 160A-269. A qualifying upset bid is one that increases the purchase price by at least 5% plus $50 and meets or exceeds all of the material terms of the contract to the advantage of the City. § If Proffitt Dixon Partners, LLC submits the highest qualified bid, the City Manager will execute all documents necessary to complete this transaction. § If Proffitt Dixon Partners, LLC does not submit the highest qualified bid, City staff will bring the highest upset bid back to City Council for consideration and action. § The City Council has the right to accept or reject any offers. City of Charlotte Page 72 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 Background § In accordance with the Center City Transportation Plan, approved by the City Council in 2006, the City modified the Interstate-277/Caldwell Street interchange. The modifications resulted in surplus North Carolina Department of Transportation right-of-way. § Five parcels of surplus Interstate-277 land deeded to the City by the North Carolina Department of Transportation have been marketed nationwide for sale after completion of the interchange modifications. § Parcel 5 was sold in mid-2013. Parcels 1, 2 and 4 are under contract with closing later this year and early next year. § As a component of the funding plan for the NASCAR Hall of Fame, the North Carolina Department of Transportation agreed to provide $5,000,000 in construction funding for the modifications and deed five parcels of surplus right-of-way to the City. § The current outstanding loan balance is $20,017,102.75 and includes a principal balance of $16,230,794.76 plus accrued interest of $3,786,307.99. § The proceeds of sale will be applied as payment on the $20,000,000 “land loan” from Wells Fargo and Bank of America, used for the construction of the NASCAR Hall of Fame. § Private development of the land will result in millions of dollars added to the tax base, providing annual tax revenue to both the City and Mecklenburg County. Fiscal Note Funding: Not Applicable Attachment Map Resolution Map - I_277 Parcel #3 Proffitt Dixon Resolution_I_277 Parcel 3 City of Charlotte Page 73 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 77. Release of Deed Restrictions for Mecklenburg County Approve a release of deed restriction on 1.99 acres located at 2701 Statesville Avenue (parcel identification number 077-079-01) requiring that the properties be used for park and recreational purposes. Staff Resource(s): Tony Korolos, Engineering & Property Management Tim O’Brien, Engineering & Property Management Catherine Cooper, City Attorney’s Office Explanation § Mecklenburg County (County) and the Charlotte-Mecklenburg Housing Partnership (CMHP) request the release of the deed restriction on a 1.99 acre property, the site of the Double Oaks Aquatic Center located at 2701 Statesville Avenue (parcel identification number 077-079-01). § The property is owned by the County; the County and CMHP have agreed to and are ready to move forward with a property exchange that will include this property. § The terms of the exchange are that the County will give the Double Oaks Aquatic Center site to CMHP, and CMHP will give the County a larger parcel across Statesville Avenue and adjacent to Anita Stroud Park for construction of a new pool facility. Council’s approval to release the deed restrictions will enable the County to begin construction on the new aquatic facility in early October with an anticipated completion date by mid-2016. § CMHP intends to demolish the Double Oaks Aquatic Center and include the land as part of the commercial / retail development. Demolition of this property will assist in attracting a grocery store and other commercial and retail businesses along the Statesville Road Business Corridor to serve Brightwalk community and eight surrounding neighborhoods, an area which has been determined to be a “food desert”, as defined by USDA. Background § In 1983 the City constructed the Double Oaks Aquatic Center on the 1.99 acre property located at 2701 Statesville Avenue. The pool and facilities are obsolete and need to be replaced. § The 1992 Park and Recreation Consolidation Agreement provided for the transfer of City park property to County. The deeds stipulate that should the County cease to use any of the property for park purposes; it will revert to City ownership upon request, unless the City relinquishes the right. § In 1997 the City deeded 2701 Statesville Avenue to Mecklenburg County along with other properties as part of the consolidation agreement. § In 2007, City Council approved several actions relating to the redevelopment of the Double Oaks area that includes approximately 98 acres. The development is known as Brightwalk and will include 300 affordable housing units, 640 market-rate housing units, open space, recreation space, and 108,000 square feet of commercial and retail space. Fiscal Note Funding: Not Applicable Attachment Map Location Map - Release of Deed Restrictions for Mecklenburg County City of Charlotte Page 74 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 78. Refund of Property and Business Privilege License Taxes Action: A. Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $4,793.12, and B. Adopt a resolution authorizing the refund of business privilege license payments in the amount of $423.82. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review update: § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on July 27, 2015, totaled $829,329.81. Fiscal Note Funding: Not Applicable Attachment List of Property Tax Refunds and Resolution List of Business Privilege Refunds and Resolution Property Tax Refund Requests BPLT Refund Requests City of Charlotte Page 75 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 79. Order of Collection for Tax Year 2015 Action: A. Receive as information and record in the minutes the Mecklenburg County Tax Collector’s Settlement for Fiscal Year 2015. B. Adopt an Order of Collection, NC General Statute 105-373 (3) authorizing the tax collector of Mecklenburg County to collect the taxes set forth in settlement statement for tax year 2015. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § According to NC General Statute 105-373, the Tax Collector must submit to the governing body an annual report of the amount collected on each year’s taxes with which he/she is charged, the amount remaining uncollected, and the steps being taken to encourage or enforce payment of uncollected taxes. § According to NC General Statute 105-373(3), the Tax Collector’s Settlement Statement must be entered into the official record of the governing board. § The Tax Collector’s Settlement Statement is used to present the real estate and motor vehicle collection rates for the previous tax year and prior years. § The Tax Collector’s Office issued an Order of Collection to authorize the collection of real estate and motor vehicle taxes for tax year 2015. § The Order of Collection must be ratified and returned to the Mecklenburg County, Office of the Tax Collector, by September 1, 2015. Attachment Tax Collector’s Settlement Order of Collection Tax Collector's Settlement.pdf Order of Collection.pdf 80. Meeting Minutes Staff Resource(s): Bianca Payne, City Clerk’s Office Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - June 08, 2015, Business Meeting/Budget Adoption - June 15, 2015, Zoning Meeting - June 22, 2015, Business Meeting - June 29, 2015, Special Meeting City of Charlotte Page 76 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 81. In Rem Remedy For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 1915 Garnette Place Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 1915 Garnette Place (Neighborhood Profile Area 374). Attachment 1915 Garnette Pl.pdf City of Charlotte Page 77 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 82. In Rem Remedy For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 6806 Fieldvale Place Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 6806 Fieldvale Place (Neighborhood Profile Area 54). Attachment 6806 Fieldvale Pl.pdf City of Charlotte Page 78 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 PROPERTY TRANSACTIONS 83. Aviation Property Transaction - 9423 Dorcas Lane Action: Approve the following transaction. Acquisitions Project: Aviation Master Plan Program: Owner(s): Carolyn A. Weise (Robert Summers - Deceased) Property Address: 9423 Dorcas Lane Total Parcel Area: 1.231 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-62 Purchase Price: $174,000 Council District: N/A 84. Aviation Property Transaction - 9111 Snow Ridge Lane Action: Approve the following property acquisition. Project: Aviation Master Plan Owner(s): Glen Calvin Wallach Property Address: 9111 Snow Ridge Lane Total Parcel Area: .369 acres Property to be acquired in Fee: .369 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-111-50 Purchase Price: $130,000 Council District: N/A City of Charlotte Page 79 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 85. Property Transactions - Lilly Mill Drainage Improvements, Parcel #3 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #3 Project: Lilly Mill Drainage Improvements, Parcel #3 Program: Flood Control Owner: Evelyn R. Sharpe, Trustee Property Address: 2208 Ramblewood Lane Total Parcel Area: 19,767 sq. ft. Property to be acquired by Easements: 4,918 sq. ft. (.113 ac.) in Storm Drainage Easement, plus 1,357 sq. ft. (.031 ac.) in Sanitary Sewer Easement, plus 1,809 sq. ft. (.042 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-15 Purchase Price: $15,150 Council District: 6 86. Property Transactions - Lilly Mill Drainage Improvements, Parcel #4 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #4 Project: Lilly Mill Drainage Improvements, Parcel #4 Program: Flood Control Owner(s): George H. Webb and Jessica M. Webb Property Address: 2216 Ramblewood Lane Total Parcel Area: 23,122 sq. ft. Property to be acquired by Easements: 6,479 sq. ft. (.149 ac.) in Storm Drainage Easement, plus 1,824 sq. ft. (.042 ac.) in Sanitary Sewer Easement, plus 2,545 sq. ft. (.058 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-14 Purchase Price: $20,000 Council District: 6 City of Charlotte Page 80 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 87. Property Transactions - Lilly Mill Drainage Improvements, Parcel #5 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #5 Project: SW: Lilly Mill Drainage Improvements, Parcel #5 Program: Flood Control Owner(s): Salida, LLC Property Address: 2224 Ramblewood Lane Total Parcel Area: 31,677 sq. ft. Property to be acquired by Easements: 10,430 sq. ft. (.239 ac.) in Storm Drainage Easement, plus 874 sq. ft. (.02 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-13 Purchase Price: $29,450 Council District: 6 88. Property Transactions - Lilly Mill Drainage Improvements, Parcel #7 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #7 Project: Lilly Mill Drainage Improvements, Parcel #7 Program: Flood Control Owner(s): Clement Reynolds Marshall, Jr. and Nancy Andrew Marshall Property Address: 2240 Ramblewood Lane Total Parcel Area: 27,044 sq. ft. Property to be acquired by Easements: 7,758 sq. ft. (.178 ac.) in Storm Drainage Easement, plus 794 sq. ft. (.018 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-11 Purchase Price: $23,300 Council District: 6 City of Charlotte Page 81 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 89. Property Transactions - Lilly Mill Drainage Improvements, Parcel #12 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #12 Project: Lilly Mill Drainage Improvements, Parcel #12 Program: Flood Control Owner(s): Jeffrey W. Rothe and Marcia S. Rothe Property Address: 2435 Merrywood Road Total Parcel Area: 21,759 sq. ft. Property to be acquired by Easements: 5,851 sq. ft. (.134 ac.) in Storm Drainage Easement, plus 2,063 sq. ft. (.047 ac.) in Sanitary Sewer Easement, plus 2,235 sq. ft. (.051 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-05 Purchase Price: $20,775 Council District: 6 90. Property Transactions - Lilly Mill Drainage Improvements, Parcel #13 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #13 Project: Lilly Mill Drainage Improvements, Parcel #13 Program: Flood Control Owner(s): Mickie L. Jones and Sheryl C. Jones Property Address: 2427 Merrywood Road Total Parcel Area: 36,060 sq. ft. Property to be acquired by Easements: 12,052 sq. ft. (.277 ac.) in Storm Drainage Easement, plus 1,009 sq. ft. (.023 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-04 Purchase Price: $26,300 Council District: 6 City of Charlotte Page 82 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 91. Property Transactions - Lyon Court Storm Drainage Improvement Project, #141 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, #141 Project: Lyon Court Storm Drainage Improvement Project, Parcel #141 Program: Flood Control Owner(s): Robin B. Miller Property Address: 1620 The Plaza Total Parcel Area: 12,696 sq. ft. Property to be acquired by Easements: 1,864 sq. ft. (.043 ac.) in Storm Drainage Easement, plus 1,362 sq. ft. (.031 ac.) in Temporary Construction Easement, plus 16 sq. ft. ( ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 095-079-02 Purchase Price: $20,000 Council District: 1 92. Property Transactions - Torrence Creek Tributary Trunk Sewer, Parcel #3 Action: Approve the following Acquisition: Torrence Creek Tributary Trunk Sewer, Parcel #3 Project: Torrence Creek Tributary Trunk Sewer, Parcel #3 Owner(s): Bank of America, N.A., Property Address: Reese Boulevard East Total Parcel Area: 740,956 sq. ft. Property to be acquired by Easements: 25,910 sq. ft. (.595 ac.) in Sanitary Sewer Easement, plus 50,065 sq. ft. (1.149 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: CB Use: Industrial Tax Code: 017-191-04 Purchase Price: $49,350 Council District: N/A (Huntersville) City of Charlotte Page 83 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 93. Property Transactions - Johnston Oehler Farm to Market, parcel #23.1 Action: Approve the following Condemnation: Johnston Oehler Farm to Market, Parcel #23.1 Project: Johnston Oehler Farm to Market, Parcel #23.1 Owner(s): Orville Oehler Thompson, Teddie Clinton Thompson and Richard Kirk Thompson and any other parties of interest Property Address: 3716 Johnston Oehler Road Total Parcel Area: 113,074 sq. ft. Property to be acquired by Easements: 12,459 sq. ft. (.286 ac.) in Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-3 Use: Single-family Residential - Rural Acreage Tax Code: 029-301-34 Appraised Value: $5,300 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner is concerned with the design of the storm drainage area and the compensation amount. City’s Response to Property Owner’s Concerns: Staff agreed to redesign the storm drainage area. Outstanding Concerns: The property owner does not agree with compensation amount. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 4 City of Charlotte Page 84 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 94. Property Transactions - Lilly Mill Drainage Improvements, Parcel #10 Action: Approve the following Condemnation: Lilly Mill Drainage Improvements, Parcel #10 Project: SW: Lilly Mill Drainage Improvements, Parcel #10 Program: Flood Control Owner(s): Estate of Travis Zollicoffer and any other parties of interest Property Address: 2521 Merrywood Road Total Parcel Area: 42,353 sq. ft. Property to be acquired by easements: 12,586 sq. ft. (.289 ac.) in Storm Drainage Easement, plus 4,703 sq. ft. (.108 ac.) in Sanitary Sewer Easement, plus 10,019 sq. ft. (.23 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: R-3 Use: Single Family Residential Tax Code: 173-254-07 Appraised Value: $33,100 Property Owner’s Counteroffer: None Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 6 City of Charlotte Page 85 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 95. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #1 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #1 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Nevin/Gibbon Road Sidewalk, Parcel #1 Owner(s): Hatem A. Alami and any other parties of interest Property Address: 5201 Nevin Road Total Parcel Area: 39,098 sq. ft. Property to be acquired in Fee: 460 sq. ft. (.011 ac.) in Fee Simple, plus 5,981 sq. ft. (.137 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 1,610 sq. ft. (.037 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 045-372-16 Appraised Value: $1,250 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner does not like the design of the project. The owner requested for the parcel to be eliminated from the project and for the sidewalk to be relocated to the right of way. City’s Response to Property Owner’s Concerns: Staff determined this parcel is necessary for the design of the project. However, staff was able to design the sidewalk approximately one foot closer to the road. Outstanding Concerns: The property owner is still not satisfied with the design of the project. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 86 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 96. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #9 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #9 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Nevin/Gibbon Rd SW, Parcel #9 Owner(s): Brooks Holdings, LLC and any other parties of interest Property Address: 3007 Gibbon Road Total Parcel Area: 73,291 sq. ft. Property to be acquired in Fee: 24,748 sq. ft. (.568 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 408 sq. ft. (.009 ac.) in Storm Drainage Easement, plus 4,511 sq. ft. (.104 ac.) in Sidewalk and Utility Easement, plus 2,805 sq. ft. (.064 ac.) in Temporary Construction Easement, plus 116 sq. ft. (.003 ac.) in Utility Easement, plus 292 sq. ft. (.007 ac.) in Sidewalk Utility Easement and Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 045-372-20 Appraised Value: $12,550 Property Owner’s Counteroffer: None Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 87 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 97. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #25 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #25 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Nevin/Gibbon Road Sidewalk, Parcel #25 Owner(s): The Heirs of Ralph E. Furr and Nancy L. Furr and any other parties of interest Property Address: 2625 Derita Avenue Total Parcel Area: 22,966 sq. ft. Property to be acquired in Fee: 642 sq. ft. (.015 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 2,194 sq. ft. (.05 ac.) in Sidewalk and Utility Easement, plus 1,687 sq. ft. (.039 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: R-3 Use: Rural Homesite Tax Code: 045-133-12 Appraised Value: $1,350 Property Owner’s Counteroffer: None Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 4 City of Charlotte Page 88 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 98. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #33 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #33 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Nevin/Gibbon Road Sidewalk, Parcel #33 Owner(s): Azzopardi Family Partnership and any other parties of interest Property Address: 2610 West Sugar Creek Road Total Parcel Area: 52,271 sq. ft. Property to be acquired by Easements: 388 sq. ft. (.009 ac.) in Sidewalk and Utility Easement, plus 683 sq. ft. (.016 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs Zoned: B-1 Use: Commercial Tax Code: 047-041-05 Appraised Value: $4,350 Property Owner Counteroffer: None Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 89 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 99. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #34 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #34 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Nevin/Gibbon Road Sidewalk, Parcel #34 Owner(s): Mark Oil Company, Inc. and any other parties of interest Property Address: 2600 West Sugar Creek Road Total Parcel Area: 24,895 sq. ft. Property to be acquired by Easements: 734 sq. ft. (.017 ac.) in Sidewalk and Utility Easement, plus 999 sq. ft. (.023 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 047-041-07 Appraised Value: $6,450 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner requested a specific driveway design. City’s Response to Property Owner’s Concerns: Staff agreed to design the driveway entrances as the property owner requested. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 90 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 100. Property Transactions - Shamrock Gardens Neighborhood Improvement Project, Parcel #51.1 Action: Approve the following Condemnation: Shamrock Gardens Neighborhood Improvement Project, Parcel #51.1 Project: Shamrock Gardens Neighborhood Improvement Project, Parcel # 51.1 Owner(s): W.D. Austin, Jr., And Inga-Lisa Austin and any other parties of interest Property Address: 2826 Palm Avenue Total Parcel Area: 19,000 sq. ft. Property to be acquired by Easements: 1,950 sq. ft. (.045 ac.) in Storm Drainage Easement, plus 1,370 sq. ft. (.031 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Tax Code: 093-086-08 Appraised Value: $2,050 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner does not understand why the project needs to occur and is concerned that the trees will be damaged during construction City’s Response to Property Owner’s Concerns: Staff explained the necessity of the project, its benefits, and assured the property owner that the trees will not be damaged during construction Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation for clear title to acquire necessary property rights. Council District: 1 City of Charlotte Page 91 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 REFERENCES 101. Reference - Property Acquisitions and Condemnations § The City has negotiated in good faith to acquire the properties set forth below § For acquisitions, the property owner and staff have agreed on a price based on appraisals and/or estimates. § In the case of condemnations, the value was established by an independent, certified appraisal followed by a third-party appraisal review. § Real Estate staff diligently attempts to contact all property owners by: - Sending introductory letters via regular and certified mail; - Making several site visits; - Leaving door hangers and business cards; - Seeking information from neighbors; - Searching the internet - Obtaining title abstracts, and - Leave voice messages § For most condemnation cases, City staff and the property owner(s) have been unable to reach a settlement. In some cases, condemnation is necessary to ensure a clear title to the property. § If the City Council approves the resolutions, the City Attorney’s office will initiate condemnation proceedings. As part of the condemnation process, real estate staff and the City Attorney’s Office will continue to negotiate, including court-mandated mediation, in an attempt to resolve the matter. Most condemnation cases are settled by the parties prior to going to court. § If a settlement cannot be reached, the case will proceed to a trial before a judge or jury to determine “just compensation.” § Full text of each resolution is on file with the City Clerk’s Office. § The definition of easement is a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another, it is either for the benefit of land, such as right to cross A to get to B, or “in gross”, such as public utility easement. § The definition of fee simple is an estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited, commonly, synonym for ownership. City of Charlotte Page 92 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 102. Reference - Charlotte Business INClusion Policy The following excerpts from the City’s Charlotte Business INClusion Policy are intended to provide further explanation for those agenda items which reference the Charlotte Business INClusion Policy in the business meeting agenda. Part A: Administration & Enforcement Appendix Section 20: Contract: For the purposes of establishing an MWSBE subcontracting goal on a Contract, the following are examples of contract types: § Any agreement through which the City procures services from a Business Enterprise, other than Exempt Contracts. § Contracts include agreements and purchase orders for (a) construction, re-construction, alteration and remodeling; (b) architectural work, engineering, surveying, testing, construction management and other professional services related to construction; and (c) services of any nature (including but not limited to general consulting and technology-related services) , and (d) apparatus, supplies, goods or equipment. § The term “Contract” shall also include Exempt Contracts for which an SBE, MBE or WBE Goal has been set. § Financial Partner Agreements, Development Agreements, and Construction Manager-at-Risk Agreements shall also be deemed “Contracts,” but shall be subject to the provisions referenced in the respective Parts of the Charlotte Business INClusion Program Policy. Appendix Section 27: Exempt Contracts: Contracts that fall within one or more of the following categories shall be “Exempt Contracts” from all aspects of the Charlotte Business INClusion Policy, unless the Department responsible for procuring the Contract decides otherwise: No Competitive Process Contracts: Contracts or purchase orders that are entered into without a competitive process, or entered into based on a competitive process administered by an entity other than the City shall be Exempt Contracts, including but not limited to contracts that are entered into by sole sourcing, piggybacking, buying off the North Carolina State contract, buying from a competitive bidding group purchasing program as allowed under G.S. 143-129(e)(3), or using the emergency procurement procedures established by the North Carolina General Statutes. Managed Competition Contracts: Managed competition contracts pursuant to which a City Department or division competes with Business Enterprises to perform a City function shall be Exempt Contracts. Real Estate Leasing and Acquisition Contracts: Contracts for the acquisition or lease of real estate shall be Exempt Contracts. Federal Contracts Subject to DBE Requirements: Contracts that are subject to the U.S. Department of Transportation Disadvantaged Business Enterprise Program as set forth in 49 CFR Part 26 or any successor legislation shall be Exempt Contracts. State Contracts Subject to MWBE Requirements: Contracts for which a minority and women business participation goal is set pursuant to G.S. 143-128.2(a) due to a building project receiving funding from the State of North Carolina shall be Exempt Contracts. Financial Partner Agreements with DBE or MWBE Requirements: Contracts that are subject to a disadvantaged business development program or minority and women business development program maintained by a Financial Partner shall be Exempt Contracts. Interlocal Agreements: Contracts with other units of federal, state, or local government shall be Exempt Contracts. Contracts for Legal Services: Contracts for legal services shall be Exempt Contracts, unless otherwise indicated by the City Attorney. Contracts with Waivers: Contracts for which the SBO Program Manager or the City Manager waives City of Charlotte Page 93 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 the SBO Program requirements shall be Exempt Contracts (such as when there are no SBE subcontracting opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 94 Printed on 8/21/2015 City Council Business Meeting Meeting Agenda August 24, 2015 103. Reference - Property Transaction Process Property Transaction Process Following Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 95 Printed on 8/21/2015