City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, December 14, 2015 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda December 14, 2015 4:00 P.M. BUSINESS AND ZONING MEETING, COUNCIL CHAMBERS (separate Zoning Agenda) Introductions Invocation Pledge of Allegiance 5:00 P.M. DINNER; CH-14 - ZONING BRIEFING 5:30 P.M. CITIZENS' FORUM City of Charlotte Page 2 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 1. Consent agenda items 10 through 33 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 3 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 PUBLIC HEARING City of Charlotte Page 4 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 2. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: Continue a public hearing to close a portion of Greenwood Cliff to January 25, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § City Council voted to continue this public hearing at its Council Business Meeting on November 23, 2015. § The Economic Development & Global Competitiveness Committee will consider the Pearl Park Tax Increment Grant in early January. § There are three primary actions necessary for the Pearl Park Project to move forward (reference attached Memorandum): - Approval of a proposed Text Amendment (January 19, 2016) - Decision on the Pearl Park Way Extension Tax Increment Grant (January 25, 2016) - Closing of a portion of Greenwood Cliff (January 25, 2016) § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) City of Charlotte Page 5 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 Mr. Alan Mayfield - Notified/no response Mr. James Keenan - Has concerns that proposed project design not adversely impact remaining properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working on to reach a resolution. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/ no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Memorandum Map Resolution Memorandum City Council Map Greenwood Cliff Resolution to Close a Portion of Greenwood Cliff City of Charlotte Page 6 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 3. Public Hearing on a Resolution to Close Two Unopened Alleyways between E. 16th Street and E. 18th Street Action: A. Conduct a public hearing to close two, unopened alleyways between E. 16th Street and E. 18th Street, and B. Adopt a resolution to close two, unopened alleyways. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § The two unopened alleyways between E. 16th Street and E. 18th Street are located in City Council District 1. Petitioners Laurel Street Residential & St Paul Baptist Church, LLC Right-of-Way to be abandoned Two unopened alleyways between E. 16th Street and E. 18th Street Reason To abandon the right-of-way and incorporate it into land owned by St. Paul Baptist Church in order to accommodate a senior and single-family development called Allen Street Development. This development has been funded through a Housing Trust Fund and a tax credit award through NC housing Finance Agency, and is also consistent with a City Council adopted rezoning petition (#2010-009), which was approved on July 19, 2010. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Steven Crawford - No objections Neighborhood/Business Association(s) Belmont Community Association - Notified/no response Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and City of Charlotte Page 7 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map Resolution City Council Map Two alleyways between 16th and 18th Street Resulution to Close Two Unopened Alleyways Between E 16th and E 18th Street City of Charlotte Page 8 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 POLICY 4. City Manager’s Report City of Charlotte Page 9 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 BUSINESS 5. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a staff member from the Airport for a three-year term beginning immediately and ending June 30, 2018. - Vacancy is due to Cabinet restructuring. § One appointment for an At-Large representative for a three-year term ending June 30, 2018. - Vacancy is due to Cabinet restructuring. Attachment Charlotte International Cabinet Applicants Charlotte International Cabinet Applicants 6. Nomination to the Civil Service Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending May 14, 2018. - Norman Garnes has resigned. Attachment Civil Service Board Applicants Civil Service Board Applicants 7. Nomination to Keep Charlotte Beautiful Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2018. - Sara Zdeb has resigned. Attachment Keep Charlotte Beautiful Applicants Keep Charlotte Beautiful Applicants City of Charlotte Page 10 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 8. Nominations to the Passenger Vehicle for Hire Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a Category 2 (driver/chauffer) representative for a three-year term ending July 1, 2018. - Andrew Thompson has completed two full terms of service; therefore, he is not eligible for reappointment. § One appointment for a Category 4 (user of passenger vehicles for hire) representative for a three-year term ending July 1, 2018. - Carolyn Carr is eligible but not interested in being considered for reappointment. Attachment Passenger Vehicle for Hire Applicants Passenger Vehicle for Hire Applicant 9. Nominations to the Tree Advisory Commission Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning immediately and ending December 13, 2018. - Ann Macon-Ellis has failed to meet the City Council Attendance policy requirements. § One appointment for a three-year term beginning December 14, 2015, and ending December 13, 2018. - Susan Tompkins has completed two full terms of service; therefore, she is not eligible for reappointment. Attachment Tree Advisory Commission Applicants Tree Advisory Commission Applicants City of Charlotte Page 11 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 CONSENT City of Charlotte Page 12 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 10. Community Oriented Policing Services Anti-Gang Initiative Grant Action: A. Authorize the City Manager to accept a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services in the amount of $612,922 to fund a COPS Anti-Gang Initiative, B. Adopt a budget ordinance appropriating $612,922 in funds from the COPS Office, C. Approve technology purchases, training for gang detectives, and overtime for gang detectives for the Charlotte-Mecklenburg Police Department in the amount of $526,908, D. Approve a contract with Charlotte Community Services Association in the amount of $86,014 for the provision of anti-gang programs, and E. Authorize the City Manager to renew the contracts for technology software licenses and maintenance for up to two additional, one-year terms, and possible price adjustments, if required. Staff Resource(s): Mike Adams, Police Mike Harris, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) has been awarded a 2015 Community Oriented Policing Services (COPS) Anti-Gang Initiative grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. § The two-year grant will be used for CMPD’s COPS Anti-Gang Initiative. § The grant period is from October 1, 2015, through September 30, 2017. § CMPD requested funding to further enhance the department’s technology capabilities for addressing and solving crimes perpetrated by gang activity. Funding was also requested to enter into a contract with Charlotte Community Services Association to provide gang preventative programming to at-risk youth in the community. § CMPD is requesting to purchase the technology to proactively identify and respond to crime, disorder concerns and threats, and increase the speed and effectiveness of CMPD operations. The technology proposed for purchase includes: - Twenty rapid deployment covert gang cameras that will provide observation of a place, person, group, or ongoing gang activity in order to gather criminal intelligence and/or evidence. These cameras have the capability to be easily relocated into areas where criminal gang activity is present. - Six stationary cameras, similar to the cameras that CMPD and Charlotte Department of Transportation (CDOT) currently have installed throughout the city, to provide continuous observation of a place, person, group, or ongoing gang activity in order to gather information and evidence. These cameras will be placed in “crime hotspot” locations where gang activity is or has been present. - One Video Workstation will be paced at the CMPD Gang Division Office to provide access for detectives to all of CMPD and CDOT's cameras further increasing gang crime reduction capabilities. § CMPD is requesting to enter into a contract with the Charlotte Community Services Association (CCSA) to provide gang preventative programming for at-risk youth in the community. City of Charlotte Page 13 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 - CCSA has operated within the city of Charlotte, from First Baptist Church-West, for more than 12 years providing youth and adult community-based programs. - The organization’s funding is 85%-95% grants, including 21st Century Afterschool Program, Mecklenburg County Juvenile Crime Prevention Council, and the Mecklenburg Community Service Program. Their remaining funding is from donations and fees. - Six years ago CCSA implemented the Gang Alternative Principles (GAP) Program. In its six-year history, GAP has served nearly 600 youth. GAP seeks to prevent and intervene in gang involvement by providing instruction on gang and violence prevention, life skills, leadership development, anger management, and substance abuse. ­ Grant funds would allow CCSA, for the first time, to offer GAP in the summer months. The summer has been identified as a time of need for a program by numerous juvenile justice agencies, police, and school officials. ­ Grant funds would allow CCSA to provide GAP for 80 youth: o 40 seventh through twelfth graders will be served each summer session (20 males and 20 females). o This is the first time that a separate female session will be offered in the two week sessions. o Youth will be identified for GAP participation by school resource officers, school counselors, principals, juvenile justice officials, judges, parents, and faith-based organizations. § Budget synopsis: $612,922 - CCSA: $86,014 o Personnel: $79,582 o Supplies: $350 o Activity-related: $6,082 - CMPD: $526,908 o Technology/Equipment: $430,140 o Software Licenses/Data Fees: $72,900 o Gang Investigator Training: $2,696 o Gang Detective Overtime: $21,172 § The grant will include a cash match from CMPD of $5,500 to provide incidentals not covered by the grant. § At the expiration of the grant, it is anticipated there will be ongoing cost for technology software licenses and maintenance estimated between $5,000 and $10,000 annually. The annual technology costs will be absorbed in Police’s Operating Budget. Fiscal Note Funding: 2015 COPS Anti-Gang Initiative Grant and Police Operating Budget Attachment Budget Ordinance Budget Ordinance - Community Oriented Policing Services Anti-Gang Initiative Grant City of Charlotte Page 14 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 11. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to execute a Developer Agreement between the City of Charlotte and developers, Childress Klein Properties, Inc., Park Kingston Investors, LLC, CUOF IV Quarters at Morehead, LLC, and Laurel Street Residential, LLC, and B. Adopt a budget ordinance appropriating $263,113 in private developer funds for traffic signal improvements. Staff Resource(s): Scott Putnam, Transportation Explanation § The $263,113 in private developer funding is for traffic signals/upgrades and related work associated with a developer project. The funding is restricted to these projects. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development project: - Childress Klein Properties, Inc. contributed $239,113 for mast arm signals at the four approach intersection of Tyvola Road and Perimeter Pointe Parkway. - Park Kingston Investors, LLC contributed $1,000 for pedestrian signal modification at the intersection of S. Tryon Street and Park Avenue. - CUOF IV Quarters at Morehead, LLC contributed $8,000 for signal modification at the intersections of Church Street and Carson Boulevard and Morehead Road and Church Street. - Laurel Street Residential, LLC contributed $15,000 for signal modifications at the intersection of Morris Field Road and Billy Graham Parkway. § The above signals meet the same criteria as other traffic signals approved by the City. § Payments made by the developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § Any funding contributed by the developer for a signal project that is unused by the City will be refunded after project completion. § CDOT will be installing and operating these signals as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements Map CDOT ord 121415 Developer Contributions City of Charlotte Page 15 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 12. Airport Signage and Wayfinding Master Plan Action: A. Approve a contract in the amount of $974,144 to GS&P/NC, P.C. for wayfinding master planning services for the Airport, and B. Adopt a budget ordinance appropriating $974,144 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § As part of Aviation’s Community Investment Plan, which includes terminal renovations and expansion projects, the Airport needs an evaluation of the thousands of wayfinding signs that assist passenger movement throughout the facility. § The project will include a thorough assessment of Airport signage and wayfinding, while also analyzing how to better facilitate passenger flow through the Airport by using directional aids. § The assessment will encompass gateway, roadway, parking, curbside, terminal, gates, and public areas in the Airport. § The contract with GS&P/NC, P.C. will result in Aviation receiving a completed master plan that includes the organization and coordination of advertising, artwork, branding, concessions, marketing, signage, and wayfinding for the 1.8 million square feet of terminal space, in addition to a complete set of signage design standards to enhance passenger experience and improve passenger circulation. § On July 10, 2015, the City issued a Request for Qualifications for airport signage and wayfinding master plan services; six firms responded with a proposal. § A selection committee comprised of Aviation staff selected GS&P/NC, P.C. based on their extensive wayfinding master planning experience, particularly as it relates to large hub airports. 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, GS&P/NC, P.C. have committed 4.89% ($47,600) of the total contract amount to the following certified firm: · Robinson Thinks (SBE) ($47,600) (environmental graphic design) Fiscal Note Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD121415 - Airport Signage Wayfinding Master Plan City of Charlotte Page 16 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 13. Airport Integrated Pest Management Services Action: A. Approve a three year contract with Clegg’s Termite and Pest Control, LLC for Airport Integrated Pest Management Services, 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): Jack Christine, Aviation Explanation § The contract will provide pest control services to the Airport terminal, old terminal building, and 26 ancillary buildings on Airport property. § Aviation is consolidating its pest control with other Airport tenants to create an integrated and more comprehensive approach to pest control. § On August 18, 2015, the City issued a Request for Proposals (RFP) for integrated pest management services. In response to the RFP, the City received five proposals from interested service providers. § The Project Team, consisting of staff from Aviation and two Airport tenants, evaluated the proposals and determined that Clegg’s Termite and Pest Control, LLC best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Airport tenants who previously paid for their own pest control will pay the City approximately 40% of the contract amount for their proportional share of this contract. § The total estimated value of the three-year contract is $219,600. 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: Aviation Operating Budget City of Charlotte Page 17 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 14. Airport Baggage Carousel Device Replacements Action: A. Approve a contract in the amount of $603,031.44 to Pteris Global USA, Inc. for the purchase and installation of two baggage claim carousels located in the Federal Inspection Service area of International Arrivals, and B. Adopt a budget ordinance appropriating $603,031.44 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation Department is replacing two baggage carousels in the Federal Inspection Service (FIS) facility installed in the International Arrivals area in 1990. The original equipment is 25 years old and has reached the end of its useful life. The carousels are increasingly difficult to keep operational due to increased traffic and operations of international flights. § On October 28, 2015, the City issued a Request for Proposal (RFP) for purchase and installation of two FIS baggage claim carousels. In response to the RFP, the City received four proposals from interested service providers. § Aviation staff evaluated the proposals and determined Pteris Global USA, Inc. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The cost of the carousel replacement is $578,031.44 with an additional $25,000 for spare parts. 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, Pteris Global USA, Inc. has committed 4.81% ($29,000) of the total contract amount to the following certified firm: · All-Pro Builders and Restoration (SBE, MBE) ($29,000) (carousel fill in and carpeting) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD121415 - Airport Baggage Carousel Device Replacements City of Charlotte Page 18 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 15. Airport Administrative Facility Improvements Action: A. Approve a contract in the amount of $2,770,000 to the lowest responsive, responsible bidder Encompass Building Group, LLC for improvements of the Aviation administrative facilities project, B. Approve contract amendment #1 in the amount of $61,735 with C-Design, Inc. for construction administration, C. Approve a contract with Larner’s Office Furniture in the amount of $170,714.02 for the purchase of a used cubicle system, and D. Adopt a budget ordinance in the amount of $3,002,449.02 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation Action A § Over the last several years, Aviation staff has consolidated office space for various divisions to the Charlotte Douglas Airport Center located at 5601 Wilkinson Blvd. The previous phase of renovation was completed in June 2014. § On June 3, 2014, the City Manager approved a contract with C-Design, Inc in the amount of $98,750 for the design of the Aviation administration facilities. § The project will include renovations to approximately 21,270 square feet of the existing facility and will include new employee offices, several conference rooms, and a break room. § On September 1, 2015, the City issued an Invitation to Bid for the administrative facility improvements; four bids were received from interested service providers. § Encompass Building Group, LLC was selected as the lowest responsive, responsible bidder. Reject Low-Bid Explanation § The apparent low bidder, Edison Foard Construction Services, Inc., exceeded the established MBE goal, but did not meet the established SBE goal of 7%, proposing a total SBE utilization of 0.11% for the project. § Per the CBI Policy, Edison Foard submitted SBE Good Faith Efforts documentation and after thorough review, staff determined that Edison Foard did not meet the minimum required Good Faith Efforts (Part B: Section 4.3 of the Charlotte Business INClusion Policy). § Staff recommends the contract be awarded to the next lowest responsive, responsible bidder, Encompass Building Group, LLC. Action B § Contract amendment #1 in the amount of $61,735 to C-Design, Inc. will provide for construction administration services including submittal review and approval, attending construction project meetings, and project closeout documentation. § The new total value of the contract is $160,485. Action C § Renovations to the facility will create additional employee office space consisting of 65 cubicles. This action will allow the purchase of a used cubicle system versus purchasing new cubicles, which provides a cost savings of 62% for the department. Charlotte Business INClusion City of Charlotte Page 19 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 Action A Established SBE Goal: 7% Committed SBE Goal: 7.22% Encompass Building Group exceeded the established SBE subcontracting goal, and has committed 7.22% ($200,000) of the total contract amount to the following certified firm: · All-Pro Builders and Restoration (SBE, MBE) ($200,000) (general construction) Established MBE Goal: 4% Committed MBE Goal: 37.65% Encompass Building Group exceeded the established MBE subcontracting goal, and has committed 37.65% ($1,043,000) of the total contract amount to the following certified firms: · Besco Electric Corporation (MBE) ($843,000) (electrical work) · All-Pro Builders and Restoration (SBE, MBE) ($200,000) (general construction) Action B No subcontracting goal was established for the contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). C-Design is a City SBE. Action C No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD121415 - Airport Administrative Facility Improvements City of Charlotte Page 20 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 16. Airport Mail Sort Facility Design Action: A. Approve contract in the amount of $301,900 to Tobin, PLLC for architectural and engineering design services for the Airport, and B. Adopt a budget ordinance in the amount of $301,900 from the Aviation Discretionary Fund to the Airport Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport’s current mail sort facility is one of several buildings to be demolished as part of a demolition package for the west ramp expansion. The demolition of these buildings will accommodate additional aircraft operational space and a new concourse. § The mail sort facility is provided to the airlines to sort U.S. Postal Service mail for transfer to flights. § Tobin, PLLC will be paid $301,900 to provide architectural and engineering design, bidding, and construction administration services for a new mail sort facility located in the mid-airfield area of the Airport. § The mail sorting facility will be a metal building and consist of a baggage conveying system, offices, a breakroom, and restrooms. § On February 3, 2014, the City issued a Request for Qualifications (RFQ) for the mail sort facility design services. In response to the RFQ, the City received 29 proposals from interested professional service providers. Of those proposals, 22 firms were selected for future architectural and engineering design work. This qualified vendor list is valid for three years. § Aviation staff evaluated the proposals and determined that Tobin, PLLC is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and experience with airport and logistic facilities design. 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 Tobin PLLC has committed 14.67% ($44,300) of the total contract amount to the following certified firm: · Banks Engineering (SBE) ($44,300) (civil engineering) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD121415 - Airport Mail Sort Facility Design City of Charlotte Page 21 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 17. Airport Ramp Expansion Phase 1 Demolition and Environmental Remediation Action: A. Award a contract in the amount of $1,434,035 to the lowest responsive, responsible bidder Blythe Development Co. for the Ramp Expansion Phase 1 Demolition and Environmental Remediation project, and B. Adopt a budget ordinance in the amount of $1,434,035 from the Aviation Discretionary Fund to the Airport Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport’s master plan anticipates the need for additional gates for air carrier operations. § On September 22, 2014, the City Council awarded a contract to Talbert, Bright & Ellington, Inc. for the design of the ramp expansion in amount of $2,783,581. On July 27, 2015, the City Council approved a contract amendment in the amount of $411,806 to prepare the construction documents for the demolition and environmental remediation in order to expedite the ramp construction. § The contract with Blythe Development Co. will demolish the old rental car facilities and remediate any soil contamination from the rental car fuel and maintenance operation. This is the first phase to prepare the old rental car site to support the Concourse A North Expansion. § On October 15, 2015, the City issued an Invitation to Bid for the demolition and environmental remediation of the old rental car sites; four bids were received from interested service providers. § Blythe Development Co. was selected as the lowest responsive, responsible bidder. Disadvantage Business Enterprise (DBE) Opportunity Established DBE Goal: 14% Committed DBE Goal: 14.98% Blythe Development Company exceeded the established subcontracting goal, and has committed 14.98% ($214,750) of the total contract amount to the following certified firms: · Kingdom Trucking (DBE, SBE) ($139,750) (hauling contaminated material) · Double D Construction Services (DBE) ($65,000) (hauling and grading) · Mugo Gravel and Grading (DBE, SBE) ($10,000) (hauling) Fiscal Note Funding: Aviation Community Investment Plan This project is eligible for federal grant reimbursement. Attachment Map Budget Ordinance Airport Ramp Expansion Maps Airport ORD121415 - Airport Ramp Expansion Phase 1 Demolition and Environmental Remediation City of Charlotte Page 22 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 18. Concourse A North Utilities Relocation Change Order Action: A. Approve change order #1 for $895,361 to Brooks, Berry, Haynie and Associates for Concourse A North Expansion Underground Utilities Relocation project, and B. Adopt a budget ordinance in the amount of $895,361 from the Aviation Discretionary Fund to the Airport Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § On September 8, 2014, the City Council awarded a contract to Brooks, Berry, Haynie and Associates in the amount of $1,168,395.64 to install a portion of the new underground duct banks for electrical and telecommunications lines to serve the proposed Concourse A North Expansion. § The Concourse A North Expansion design is complete and now Aviation needs to relocate a portion of the existing electrical and telecommunications lines to make way for the new building’s foundations. § The Aviation Department is using the favorable unit prices in the contract that was awarded in September 2014 to perform this work. The unit prices, set forth in the proposed contract, are available upon request. § Change order #1 in the amount of $895,361 will provide for the relocation of the Duke Energy’s main electrical supply and various telecommunications lines in order to construct the Concourse A North Expansion project. § The new total value of the contract is $2,063,756.64. Charlotte Business INClusion For this contract, Brooks, Berry, Haynie and Associates have committed 34.85% ($304,163) of the total contract change order amount to the following certified firm: · Camps Construction Company (SBE, MBE) ($304,163) (concrete ramp paving and sealing) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD121415 - Concourse A North Utilities Relocation Change Order City of Charlotte Page 23 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 19. Vehicle Light Bars, Sirens, Speakers, and Related Accessories Action: A. Award unit price contracts for the purchase of light bars, sirens, speakers, and related accessories for one year to the following: - Campbell-Brown, Inc., and - Dana Safety Supply, and B. Authorize the City Manager to extend the contract for up to four 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): Robert Campbell, Management & Financial Services Chris Trull, Management & Financial Services Explanation § The purchase of light bars, sirens, speakers, and related accessories for City vehicles and equipment including, but not limited to police pursuit vehicles, fire apparatus, and work trucks are required to provide public safety services. These fixtures help employees to remain safe while performing daily tasks and increase public awareness of our fleet. § The City will begin using SoundOff Signal bluePrint® devices for the Charlotte-Mecklenburg Police Department (CMPD) to improve officer and community safety, increase visibility, and will enhance Fleet Management’s ability to troubleshoot the power distribution and lighting systems. § The cost is approximately $1,000 less per vehicle compared to the distribution package currently used by CMPD. § These devices will be installed on CMPD’s 128 marked vehicles as part of the approved Fiscal Year 2016 Capital Equipment Replacement List. § On November 2, 2015, Management & Financial Services issued an Invitation to Bid on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA); two bids were received from interested service providers. § Campbell-Brown, Inc. and Dana Safety Supply were selected as the lowest responsive, responsible bidders for specified brand names. - Campbell-Brown is the authorized distributor for SoundOff Signal brand equipment. - Dana Safety Supply is an authorized distributor for Whelen brand equipment. § The companies will be paid the unit prices set forth in the contracts; a copy is available upon request. § Fiscal Year 2016 expenditures for all contracts are estimated to be $850,000, including: - $800,000 to purchase SoundOff Signal brand light bars, sirens, speakers, and related accessories for departments including but not limited to CMPD, Charlotte Department of Transportation, Charlotte Water, and Neighborhood & Business services; and - $50,000 to purchase Whelen brand light bars, sirens, speakers, and related accessories specific for Charlotte Fire Department. o Fire standardized on the Whelen brand lights for fire apparatus and light vehicles based on products offered, performance, support, and excellent warranty. § Estimated contract expenditures beyond Fiscal Year 2016 will depend on the approved budget for capital outlay in each subsequent fiscal year and needs within the departments. § The City anticipates renewing the contracts for up to four additional, one-year terms at prices to be determined based on model year changes and market conditions. Background § The CCPA is a cooperative purchasing program within Management & Financial Services with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to City of Charlotte Page 24 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 receive better pricing. § Light bars, sirens, speakers, and related accessories are common products needed by entities of all sizes; offering competitive prices through CCPA benefits entities locally, regionally, and nationally. § CCPA contracts are available for the use and to the benefit of all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various General and Capital Equipment Replacement Funds 20. Multi-Passenger Vehicle Purchase Action: A. Approve the purchase of vehicles from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), and B. Approve a unit price contract with Asheville Ford, LLC for the purchase of multi-passenger vehicles for a term of one year under the North Carolina Sheriffs’ Association Vehicle Procurement Program (contract 16-02-0929) on October 15, 2015. Staff Resource(s): Chris Trull, Management & Financial Services Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § Management & Financial Services collaborates with other City departments on an annual basis to assess vehicles and equipment in order to determine replacement needs based on a rating of vehicle usage, age, maintenance costs, and condition. § City departments have operational needs to up-fit vehicles with radio and computer equipment. § Vehicle-specific radio and computer mounting equipment is only available for certain makes and models. One of these vehicles is the mid-size, multi-passenger Ford Explorer. § Asheville Ford, LLC has a contract awarded through the North Carolina Sheriffs’ Association Vehicle Procurement Program that offers competitive pricing to public agencies statewide. § The unit price under the contract is $26,944.91 per vehicle. § The initial purchase in Fiscal Year 2016 is for nine vehicles at a cost of $242,505. Charlotte Business INClusion This is a cooperative purchasing contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General and Enterprise Departments’ Capital Equipment Replacement Funds City of Charlotte Page 25 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 21. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $69,373.28. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation Notification of Property 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 24, 2014, and 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 November 23, 2015, totaled $242,535.08. Fiscal Note Funding: Not Applicable Attachment List of Property Tax Refund Requests and Resolution Property Tax Refund Requests and Resolution 22. Resolution of Intent to Abandon a Portion of N. Pine Street Action: A. Adopt a Resolution of Intent to abandon a portion of N. Pine Street, and B. Set a public hearing for January 11, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation A portion of N. Pine Street is located in Council District 2. Attachment Map Resolution City Council Map N. Pine Street Resolution of Intent to Close a portion of Pine Street City of Charlotte Page 26 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 23. Resolution of Intent to Abandon Portions of N. Myers Street and E. 13th Street Action: A. Adopt a Resolution of Intent to abandon portions of N. Myers Street and E. 13th Street, and B. Set a public hearing for January 11, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation The portions of N. Myers Street and E. 13th Street are located in Council District 1. Attachment Map Resolution City Council Map N. Myers Street and E. 13th Street Resolution of Intent to Close a portion of N. Myers Street and E. 13th Street 24. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - November 9, 2015, Business Meeting - November 16, 2015, Zoning Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 27 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 PROPERTY TRANSACTIONS 25. Aviation Property Transaction - 4117 Rockwood Road Action: Approve the following property acquisition. 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 Federal Aviation Administration reimbursement. Project: Aviation Master Plan Owner(s): Paul D Raynor and Alma Colleen Raynor Property Address: 4117 Rockwood Road Total Parcel Area: 5.166 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: 113-134-04 & 113-134-07 Purchase Price: $305,000 Council District: N/A 26. Aviation Property Transaction - 6821 Steele Creek Road & 8825 Byrum Drive Action: Approve the following property acquisition. 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 Federal Aviation Administration reimbursement. Project: Aviation Land Acquisition Owner(s): Davidland, LLC Property Address: 6821 Steele Creek Road & 8825 Byrum Drive Total Parcel Area: 31.99 acres (22.391 & 9.599 Acres) Property to be acquired in Fee: 31.99 acres (22.391 & 9.599 Acres) Property to be acquired by Easements: N/A Structures/Improvements to be impacted: N/A Landscaping to be impacted: Trees and shrubs Zoned: I-2 (C-D) & I-2 Use: Vacant - (Industrial) Tax Code: 141-041-07 & 141-041-25 Purchase Price: $5,625,000 Council District: N/A City of Charlotte Page 28 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 27. Property Transactions - McKee Road and Providence Road Intersection Improvements, Parcel #10 Action: Approve the following Acquisition: McKee Road and Providence Road Intersection Improvements, Parcel #10 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 and Federal Transit Administration reimbursement. Project: McKee Road and Providence Road Intersection Improvements, Parcel #10 Owner(s): Hendley Brewer Properties GP Property Address: 10636 Providence Road Total Parcel Area: 22,204 sq. ft. (.510 ac.) Property to be acquired by Fee: 656 sq. ft. (.015 ac.) in Fee Simple Property to be acquired by Easements: 878 sq. ft. (.02 ac.) in Temporary Construction Easement, plus 874 sq. ft. (.02 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs Zoned: B-1 Use: Commercial Tax Code: 225-112-12 Purchase Price: $45,000 Council District: 7 28. Property Transactions - Orr Road Extension, Parcel #2 Action: Approve the following Acquisition: Orr Road Extension, Parcel #2 Project: Orr Road Extension, Parcel #2 Owner(s): Jayantilal Patel Property Address: 5905 and 5919 North Tryon Street Total Parcel Area: 23,479 sq. ft. (.539 ac.) Property to be acquired by Easements: 420 sq. ft. (.01 ac.) in Sidewalk and Utility Easement, plus 5,370 sq. ft. (.123 ac.) in Temporary Construction Easement, plus 70 sq. ft. (.002 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: B-2 Use: Commercial Tax Code: 089-203-01 Purchase Price: $15,000 Council District: 4 City of Charlotte Page 29 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 29. Property Transactions - 10th/ Central/ Louise Pedestrian Improvements, Parcel #6 Action: Approve the following Condemnation: 10th/Central/Louise Pedestrian Improvements, Parcel #6 Project: 10th/Central/Louise Pedestrian Improvements, Parcel #6 Owner(s): Dobrila Avramovie Property Address: 1427 East Tenth Street Total Parcel Area: 4,842 sq. ft. (.111 ac.) Property to be acquired by Easements: 173 sq. ft. (.004 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-2 Use: Commercial Tax Code: 081-114-24 Appraised Value: $300 Property Owner’s Concerns: The property owner is concerned that the construction would interrupt patio dining at the restaurant. The property owner is concerned about the compensation. City’s Response to Property Owner’s Concerns: Staff agreed to the expedited time frames for construction on this 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 30 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 30. Property Transactions - Baucom Road Connector, Parcel #1 Action: Approve the following Condemnation: Baucom Road Connector, Parcel #1 Project: Baucom Road Connector, Parcel #1 Owner(s): Richard John Baustert, Connie H. Baustert, James Paul Baustert, and Edna M. Baustert Property Address: 3100 Baucom Road Total Parcel Area: 102,754 sq. ft. (2.359 acres) Property to be acquired by Fee: 21,624 sq. ft. (.496 ac.) in Fee Simple, plus 6,087 sq. ft. (.14 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 1,160 sq. ft. (.027 ac.) in Storm Drainage Easement, plus 5,458 sq. ft. (.125 ac.) in Slope Easement, plus 5,002 sq. ft. (.115 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Use: Office Tax Code: 027-031-15 Appraised Value: $85,450 Property Owner’s Counteroffer: $282,694 Property Owner’s Concerns: The property owner is concerned that the proposed acquisition areas will damage the remaining property and has requested for the City to purchase the entire property. The property owner does not agree with the compensation amount offered. City’s Response to Property Owner’s Concerns: Staff changed the design to minimize impacts to the property and explained acquisition areas necessary will not hinder future development. Therefore, the City is unable to purchase the entire property. 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 31 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 31. Property Transactions - McKee Road and Providence Road Intersection Improvements, Parcel #2 Action: Approve the following Condemnation: McKee Road and Providence Road Intersection Improvements, Parcel #2 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 and Federal Transit Administration reimbursement. Project: McKee Road and Providence Road Intersection Improvements, Parcel #2 Owner(s): Providence Park Office Condominium Association, Inc. Property Address: 10815 Sikes Place Total Parcel Area: 76,913 sq. ft. (1.766 acres) Property to be acquired by Fee: 4,358 sq. ft. (.1 ac.) in Fee Simple Property to be acquired by Easements: 1,979 sq. ft. (.045 ac.) in Temporary Construction Easement, plus 4,770 sq. ft. (.11 ac.) in Utility Easement Structures/Improvements to be impacted: Irrigations system, brick monument signs, and ground lighting Landscaping to be impacted: Trees, shrubs, and various plantings Use: Commercial Condominium Tax Code: 231-04C-99 Appraised Value: $117,475 Property Owner’s Counteroffer: $276,534.17 Property Owner’s Concerns: The property owner is concerned that the property will be non-conforming after the construction due to the removal of landscaping that was required when the property was developed and the location of the utility easement, which does not allow mature trees to be planted near the road. The property owner is also concerned with amount of compensation being offered. City’s Response to Property Owner’s Concerns: Staff explained that if any required landscaping is removed by the City and/or its contractors as a result of the project, the property will be considered legally non-conforming. Staff also explained that the utility pole and spanning of the lines would not allow for the utility easement to be relocated. 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: 7 City of Charlotte Page 32 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 32. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #142 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement project, Parcel #142 Project: Lyon Court Storm Drainage Improvement project, Parcel #142 Program: Flood Control Owner(s): Kevin F. Devin Property Address: 1614 The Plaza Total Parcel Area: 12,696 sq. ft. (.291 ac.) Property to be acquired by Easements: 1,022 sq. ft. (.023 ac.) in Storm Drainage Easement, plus 2,207 sq. ft. (.051 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 095-079-03 Appraised Value: $13,025 Property Owner’s Concerns: The property owner was concerned with tree and fence loss along with parking during construction. City’s Response to Property Owner’s Concerns: City staff worked with the property owner to protect some trees and answered questions concerning fence and driveway replacement. 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 33 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 33. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #10 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #10 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 and Federal Transit Administration reimbursement. Project: Nevin/Gibbon Road Sidewalk, Parcel #10 Owner(s): Vlastimil Didik Property Address: 5340 Nevin Road Total Parcel Area: 40,879 sq. ft. (.938 ac.) Property to be acquired by Fee: 12,311 sq. ft. (.283 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 368 sq. ft. (.008 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-12 Use: Multi-family Tax Code: 045-152-18 Appraised Value: $100 Property Owner’s Counteroffer: $2,000 Property Owner’s Concerns: The property owner is concerned that the temporary easement area will affect his plans to build on the land. City’s Response to Property Owner’s Concerns: Staff informed the property owner that it's a small temporary easement and should not affect his plans to build. 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 34 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 REFERENCES 34. 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 35 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 35. 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 36 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 36. 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 the SBO Program requirements shall be Exempt Contracts (such as when there are no SBE subcontracting City of Charlotte Page 37 Printed on 12/9/2015 City Council Business Meeting Meeting Agenda December 14, 2015 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 38 Printed on 12/9/2015