City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, February 8, 2016 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 February 8, 2016 CITY COUNCIL MEETING Monday, February 8, 2016 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 26 Interlocal Agreement with Mecklenburg County for the Cross Charlotte Trail at Cordelia Park 27 Cherokee-Scotland Storm Drainage Improvement Project Change Order 38 Property Transactions: Mt. Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #3 39 Property Transactions: Mt. Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #4 City of Charlotte Page 2 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER 1. Mayor and Council Consent Item Questions Staff Resource(s): Randy Harrington, Management & Financial Services 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 3 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 2. Non-Discrimination Ordinance Staff Resource(s): Willie Ratchford, Community Relations Committee Bob Hagemann, City Attorney Dianne English, Community Building Initiative Time: 60 minutes Explanation § At the Dinner Briefing on November 24, 2014, Scott Bishop of the Human Rights Campaign gave a presentation to the City Council in which he proposed adding sexual orientation, gender expression, gender identity, familial status, and marital status to the list of protected characteristics in several City non-discrimination ordinances. § At City Council’s request, staff drafted an ordinance that would amend the existing non-discrimination ordinances. This was presented to the City Council at the Dinner Briefing on February 9, 2015. § On March 2, 2015, following extensive public comment, a motion to approve an amended version of the ordinance failed by a 5-6 vote. § At the Zoning Meeting on January 19, 2016, Mayor Roberts asked that this matter be brought back to City Council at the Dinner Briefing on February 8, 2016. § On February 1, 2016, the Charlotte Community Relations Committee and the Community Building Initiative hosted a community forum entitled “Let’s Talk: Non-Discrimination Ordinance and What’s at Stake for Charlotte”. § The presentation will include: - A history of protected characteristics in non-discrimination laws; - A review of the City’s current non-discrimination ordinances - which can be accessed on-line at municode.com (Commercial Non-Discrimination - Article V, Chapter 2; Community Relations Committee - Article II, Chapter 12; Public Accommodations - Article II, Chapter 12; Passenger Vehicles for Hire Article II, Chapter 22); - A description of the proposed amendments; - A report on the community forum held on February 1, 2016; and - A report on the experience of other jurisdictions. Future Action Unless the City Council directs otherwise, the proposed amendments will be included for possible action on the City Council Business Agenda for February 22, 2016. Attachment City Attorney Memo Draft Ordinance City Attorney Memo Non-Discrimination Ordinance Amendments 3. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Randy Harrington, Management & Financial Services Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 4 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 4. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(3) to go into closed session to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to an attorney concerning the handling or settlement of City v. Parks Holdings, LLC (13-CVS-19448) and City v. Roseclay LLC, 12-CVS-17465 and 13-CVS-107710. City of Charlotte Page 5 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 Introductions Invocation Pledge of Allegiance 7:00 P.M. AWARDS AND RECOGNITION 5. Get Your Rear in Gear Proclamation Mayor Roberts will read a proclamation titled “Get Your Rear in Gear” recognizing March as Colorectal Cancer Awareness Month. 6. Teen Dating Violence Prevention and Awareness Month Proclamation Mayor Roberts will read a proclamation recognizing February as Teen Dating Violence Prevention and Awareness Month. 7. Youth Drug Survey Presentation Jane Goble-Clark, Executive Director for the Center for Prevention Services, will provide a brief presentation of the 2015 “Youth Drug Survey” that tracks trends of middle and high school students. City of Charlotte Page 6 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 8. Consent agenda items 22 through 41 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 7 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 PUBLIC HEARING City of Charlotte Page 8 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 9. Business Investment Grant for Red Ventures Action: A. Conduct a public hearing regarding approval of an economic development Business Investment Grant for Red Ventures, and B. Approve the City’s share of a Business Investment Grant to Red Ventures for a total estimated amount of $100,211 over five years (Total City/County grant estimated at $270,970). Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Explanation § Red Ventures (Company) is a marketing and technology company, with 2,000 employees, headquartered in Fort Mill, SC. The Company specializes in telemarketing for brands, such as DirecTV and Verizon. In order to meet their business needs, the Company needs to expand their facilities and increase its employment base. § The Company currently operates an information technology and customer service center in the University Research Park area with 521 employees. The Company has committed to hire 257 additional employees under an existing Job Development Investment Grant (JDIG) agreement with the state of North Carolina. The current location is not large enough to house 778 employees; therefore, the Company will lease new office space. § Because the Company is expanding into a larger space, they have decided to add 500 additional new jobs to the site (totaling 1,278 jobs) with an average wage of $48,930. § The Company will lease 50,000 square feet for a term of 10.5 years term at 10101 Claude Freeman Drive in the University Research Park area. The Company plans to invest $5 million in building improvements, machinery, and equipment. § On December 8, 2015, the Company announced its decision to locate its expanded operation in Charlotte, after consideration of competitive offers from South Carolina and Maine. § If approved, the City’s share of the Business Investment Grant is estimated to be $100,211 over five years. - Total City/County combined grant is estimated to be $270,970 over five years. - The state of North Carolina has announced a JDIG in the amount of $2.65 million. § The project will increase the taxable property, employment and business prospects of the City through the following: - $5 million in capital investment (building improvements, machinery, and equipment). - 500 new jobs over five years with an average annual wage of $48,930 (101% of the regional average wage with 100% hired locally). - Jobs will be in the areas of software development, data analysis, information technology, corporate support, sales, and executive leadership. - The Company will host a job fair for local applicants. Business Investment Grant § The project meets the Council-approved criteria for a five-year, 90% existing business expansion grant within the Business Investment Zone. § On October 26, 2015, the City Council, in a closed session, indicated its intent to approve a Business Investment Grant to the Company. § On November 17, 2015, the Mecklenburg Board of County Commissioners, in a closed session, indicated its intent to approve a Business Investment Grant to the Company, and approved their portion of the grant in public session on February 2, 2015. § The general terms and conditions of this grant include: - A portion of the grant must be repaid if the company moves this investment from Charlotte within four years of the end of the grant term. City of Charlotte Page 9 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 - Actual grant payments are based on the value of the investment as appraised by the Mecklenburg County Tax Office. - All property taxes due from the company must be paid before a grant payment is made. Fiscal Note Funding: Business Investment Grant Attachment Business Investment Grant Analysis Attachment_NBS_Business Investment Grant Analysis Albemarle Corporation City of Charlotte Page 10 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 POLICY 10. City Manager’s Report City of Charlotte Page 11 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 11. Neighborhood Matching Grants Program Changes Action: Adopt the Housing and Neighborhood Development Committee recommendation to approve changes to the Neighborhood Matching Grants program. Committee Chair: LaWana Mayfield Staff Resource(s): Nicole Storey, Neighborhood & Business Services Explanation § The Neighborhood Matching Grants (NMG) Program was initiated by the City in 1993 and provides matching grants of up to $25,000 per application to Charlotte’s low and moderate-income neighborhood organizations. The goal of the program is to empower neighborhoods to implement self-determined projects for their unique communities that build neighborhood capacity, leverage resident volunteer engagement, and improve quality of life. - The program allows neighborhood based organizations to match NMG funds with volunteer hours, in-kind donations, and cash. - To date more than 750 grants have been awarded in Charlotte’s neighborhoods as matching funds through this program. § The program is managed and administered by the Community Engagement division within the City’s Neighborhood & Business Services Department. § The program is regularly evaluated to ensure efficiency and effectiveness as well as value to the City, program participants, and community partners. § In 2015, staff undertook a comprehensive review of the program including extensive analysis of historical program data, review of 28 peer cities, and stakeholder feedback. § Stakeholders included neighborhood groups, program participants, community partners, NMG review committee members, and staff. § Feedback included opportunities for program enhancements, including increasing ease of use, providing additional support to applicants, program eligibility clarifications, and changes to the required match. § Additionally, the review provided an opportunity to evaluate how to more effectively identify geographic areas of need based on median home tax value. Median home tax value provides more accurate data that is measureable for custom geographies, such as actual neighborhood boundaries than the currently used median household income measureable only at Neighborhood Profile Area boundaries. § The program review has resulted in the following recommendations: - Create a tiered program geography and maximum grant amounts based on median home tax value, with the largest grant amounts available in areas of greatest need (those with the lowest median home tax value). - Allow tax credit-funded rental communities to participate in the program citywide. - Clarify organization eligibility by establishing minimum organization size and time organization has been active. - Require community match to consist of a minimum of 50% volunteer hours to build stronger, more engaged communities. - Allow organizations to count up to 20 hours of related volunteer activities that occur prior to contract signing as part of their required match. - Allow exterior curb appeal improvements to single-family detached homes in areas with lowest median home value (paint, shutters, house numbers, and mailboxes). - Provide up to two years of support for recurring community events. - Create three annual application cycles to provide more time for applicant support. § Proposed changes would become effective with the June 1, 2016, application deadline to coincide City of Charlotte Page 12 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 with the Fiscal Year 2017 budget. § The program operates via a $325,000 annual allocation. Committee Discussion § On November 11, 2015, and January 13, 2016, staff presented the proposed changes to the Housing and Neighborhood Development Committee (Committee). § On January 13, 2016, the Committee voted unanimously (Mayfield, Autry, Austin, and Driggs; Kinsey was not present) to recommend approval of the proposed changes to the Neighborhood Matching Grants Program. Attachment Summary Table of Recommended Changes PowerPoint Presentation with Detailed Recommended Changes Map of Proposed NMG Program Boundary NMGRequestedChangeSummary NMGRecommendationsCouncil2_2016d FY17NMGProposedEligibilityMap City of Charlotte Page 13 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 BUSINESS City of Charlotte Page 14 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 12. Arterial Corridor Studies Action: A. Approve a contract for up to $250,000 with Stantec Consulting Services, Inc. for Arterial Corridor Studies, and B. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Norm Steinman, Transportation Background § Over the past 10-15 years, the City has transformed the planning, design and implementation of safe and comfortable routes for pedestrians and bicyclists. § Dozens of miles of sidewalks have been built by the private and public sectors, and the bicycle travel network is now much more connected and extensive. § Two issues have been raised by City Council members and other stakeholders that require intervention to determine specific actions and overall strategies. Those issues include: - Providing more opportunities for pedestrians and bicyclists to travel across arterials, and - Deciding on the appropriate amount of publicly-funded infrastructure before new private development is constructed. Explanation § The City of Charlotte plans to conduct multimodal planning studies to enhance pedestrian and bicycle travel on portions of arterials (thoroughfares) in Charlotte. The studies will evaluate existing conditions, identify deficiencies, and make recommendations to improve the safety and ease of walking and biking along and across busy streets. § On November 11, 2015, the City issued a Request for Qualifications (RFQ) for Arterial Corridor Studies Services. In response to the RFQ, the City received 11 Statements of Qualifications from interested consultants. § The Project Team, consisting of staff from the Charlotte Department of Transportation (CDOT) and the North Carolina Department of Transportation, evaluated the proposals and determined that Stantec Consulting Services, Inc. best meets the City’s needs in terms of project approach, qualifications, experience, graphic examples, and responsiveness to the RFQ’s requirements. § The City expects to develop recommendations for at least three corridors based on this contract, with the first study focusing on South Boulevard and South Tryon Street in South End Charlotte. § Due to the recent referral for a similar kind of study for Parkwood Avenue and The Plaza, staff will discuss with City Council’s Transportation and Planning Committee the possibility of including those streets in this set of studies. § The primary funding source for these studies is a Unified Planning Work Program (UPWP) Planning grant that provides 80% federal funds, in the amount of $200,000, and a required 20% local match, in the amount of $50,000. Disadvantaged Business Enterprise Because federal funds are being requested, the contracts are required to adhere to Federal DBE requirements. Stantec has identified the following certified firm to participate as the project scope is defined: § Neighboring Concepts (DBE, MBE) (graphic design) (contract amount to be negotiated after the project scope is defined) Fiscal Note Funding: Unified Planning Work Program Grant ($200,000), Charlotte Department of Transportation ($50,000) City of Charlotte Page 15 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 13. Southeast Corridor Infrastructure Planning and Design Services Action: Approve a contract in the amount of $2,800,000 with American Engineering Associates - Southeast, P.A. for Southeast Corridor Infrastructure. Staff Resource(s): Derrel Poole, Engineering & Property Management Tim Greene, Engineering & Property Management Explanation § Southeast Corridor Infrastructure includes $25 million for the Land Acquisition and Street Connections Program to build key street connections in catalytic development areas in order to increase land use accessibility, encourage reinvestment in the area through construction of new retail and housing, increase employment, and improve mobility. These projects help advance the goals of the Independence Boulevard Area Plan adopted by City Council in 2011. § On August 25, 2014, the City Council approved an initial contract in the amount of $225,000 to American Engineering Associates - Southeast, P.A. (AEA) for advance planning services for the Southeast Corridor Infrastructure. City Council was informed that the contract was for advance planning services only. § American Engineering Associates - Southeast, P.A. has completed the advance planning phase, which included identification and prioritization, market analysis, and community engagement. § The contract will include final planning and design services for four infrastructure projects identified and prioritized during the advance planning phase and planning services for two additional infrastructure projects. This work will allow staff to refine construction project needs and costs for the future. § Planning and design services totaling $2,215,081.50 will include but is not limited to: - Urban street design, - Traffic analysis, - Public involvement, - Alternative analysis, - Environmental and natural resource assessments, - Geotechnical investigations, - Field surveys, - Permitting, - Right-of-way plans, - Traffic control plans, - Structure design, - Erosion control plans, - Cost estimates, and - Final design plans for construction (to be funded through future bond referendums). § The four projects include: - Pierson Drive Extension (existing terminus at the Super Wal-Mart on Independence Boulevard to the intersection of Shade Valley Road and Monroe Road); - Wendover/Pierson Frontage Road (Pierson Drive in front of the Super Wal-Mart to the Wendover Road interchange at Independence Boulevard); - Coliseum Drive Extension (Commonwealth Avenue to the existing Coliseum Drive terminus at the Claremont Apartments); and - Waterman/Eastway Frontage Road (Waterman Avenue to the Eastway Drive interchange at Independence Boulevard). § Planning services in this contract total $236,404. The two infrastructure planning services projects include: - Wallace Road Extension (Sharon Forest Drive intersection to Village Lake Drive) City of Charlotte Page 16 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 - Idlewild/Farmingdale Frontage Road (Farmingdale Drive to Idlewild Road at the Dion Avenue Intersection) § The remaining costs of the contract in the amount of $348,514.50 will cover monthly meetings, permitting fees, renderings/graphics, reproduction of plans, additional services and other reimbursables. § On May 25, 2014, a Request for Qualifications was advertised; seven proposals were received from interested service providers. § American Engineering Associates - Southeast, P.A. was selected using the Council-approved, qualifications-based selection process and best meets the City’s needs in terms of qualifications and experience of the firm and team members. § $12.5 million of the total $25.0 million funding for the Land Acquisition and Street Connections Program was approved by voters as part of the November 2014 Bond Referendum. The remaining $12.5 million in project funding is scheduled for the 2016 Bond Referendum. § Continuation to the construction phase for some of the projects included in this planning and design contract will be contingent on voter approval of the 2016 bonds. 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). American Engineering Associates - Southeast, P.A. has committed 10.20% ($285,600) of the total contract amount to the following certified firms: · Hinde Engineering, Inc. (SBE) ($126,000) (utility coordination) · Capstone Civil Group, PA (SBE, MBE) ($89,600) (geotechnical services) · US Infrastructure of Carolina, Inc. (SBE) ($70,000) (draining services) Fiscal Note Transportation General Community Investment Plan Attachment Map Location Map - Land Acquisition and Street Connections City of Charlotte Page 17 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 14. Applied Innovation Corridor Infrastructure Planning and Design Services Action: Approve a contract in the amount of $4,259,560 with HDR Engineering, Inc. of the Carolinas for planning and design services within the Applied Innovation Corridor. Staff Resource(s): Leslie Bing, Engineering & Property Management Tim Greene, Engineering & Property Management Explanation § Identified in the Center City 2020 Vision Plan and targeted for economic growth, the Applied Innovation Corridor (AIC) begins in South End, extends through Uptown and North End ultimately linking into the UNC Charlotte main campus. § Total funding of $28.9 million for this program was included in the $816.4 million General Community Investment Plan approved by City Council on June 10, 2013. § On April 28, 2014, City Council approved the initial contract in the amount of $375,000 to HDR Engineering, Inc. of the Carolinas for advance planning services for the AIC. City Council was informed that the contract was for advance planning services only. § HDR Engineering, Inc. is now nearing completion with the advance planning phase, which included community engagement, market analysis, and infrastructure investment project identification, and prioritization. § The contract will include final planning and design services for five infrastructure projects identified and prioritized during the advance planning phase and planning services for one additional infrastructure project. This work will allow staff to refine construction project needs and costs for the future. § Planning and design services totaling $3,356,585 will include but is not limited to: - Urban street design, - Traffic analysis, - Public involvement, - Alternative analysis, - Environmental and natural resource assessments, - Geotechnical investigations, - Field surveys, - Permitting, - Right-of-way plans, - Traffic control plans, - Structure design, - Erosion control plans, - Cost estimates, and - Final design plans for construction (future bond referendums). § The five projects include: - Matheson Avenue Bridge Streetscape (North Tryon Street to Davidson Street) - North Tryon Street Gateway (Interstate-277 to Dalton Avenue) - 16th Street Streetscape (North Tryon Street to Parkwood Avenue) - A multi-use path that connects Statesville Avenue, Graham Street and North Tryon Street. - Newland-Norris Intersection (Double Oaks Road to Statesville Avenue) § Planning services in this contract total $162,559. The infrastructure project to conduct planning only includes the North Graham Streetscape Project (Interstate-277 to Interstate-85). § The remaining costs of the contract in the amount of $740,416 will cover monthly meetings, permitting fees, renderings/graphics, reproduction of plans, additional services and other reimbursables. § All of these projects support the North Tryon Area Plan and Center City 2020 Vision Plan and will City of Charlotte Page 18 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 focus on streetscape improvements and connections for pedestrians, bicyclists, motorists and transit users. § On February 17, 2014, a Request for Qualifications was advertised; five proposals were received from interested service providers. § HDR Engineering, Inc. was selected using the Council-approved, qualifications-based selection process and as the provider best meeting the City’s needs in terms of qualifications and experience of the firm and team members. Background § Continuation to the construction phase for some of the projects included in this planning and design contract will be contingent on voter approval of the 2016 and 2018 bonds. § $12.4 million of the total $28.9 million funding for the Applied Innovation Corridor was approved by voters as part of the November 2014 Bond Referendum. Remaining project funding is scheduled for the 2016 Bond Referendum ($7.7 million) and 2018 Bond Referendum ($8.8 million). § A portion of these funds is designated as a Private Leverage Fund to provide infrastructure financing for public-private development projects within the Applied Innovation Corridor. § On October 5, 2015, the City Council received a Community Investment Plan update and status that included the Applied Innovation Corridor. 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). HDR Engineering, Inc. of the Carolinas has committed 28.23% ($1,202,413) of the total contract amount to the following certified firms: · Hinde Engineering, Inc. (SBE) ($738,530) (utility investigation and wet utility design) · Bloc Design, PLLC (SBE) ($447,173) (planning services) · Carolina Wetland Services, Inc. (SBE, WBE) ($16,710) (environmental services) Fiscal Note Transportation General Community Investment Plan Attachment Map Location Map - Applied Innovation Corridor City of Charlotte Page 19 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 15. Nomination to the Arts and Science Council Advisory Council Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § The Arts & Science Council (ASC) has been working over the past year to determine ways to better serve our entire regional community. Part of this focus includes the right-sizing of the ASC Board to include 26 members - 21 elected directors and 5 appointed directors. § In addition, to increase community engagement, the ASC is establishing Advisory Councils to provide input, feedback, and recommendations to the ASC Board to help align the cultural community with the needs of local communities. § At the request of the Arts & Science Council, the City is being asked to help support this effort by making 11 City-designated appointments to the Advisory Councils. Attachment ASC City Manager Memo from January 8, 2016 ASC Proposed Advisory Council Policy ASC Advisory City Council Applications ASC City Manager's Office Memo 1-8-2016 ASC Proposed Advisory Council Policy ASC Advisory Council Applications 16. Nomination to the Firemen’s Relief Fund Board of Trustees Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a two-year term beginning January 19, 2016, and ending January 18, 2018. - C. Harley Cook has served two full terms of service; therefore, he is not eligible for reappointment. Attachment Firemen’s Relief Fund Board of Trustees Applicants Firemen's Relief Fund Board of Trustees Applicants City of Charlotte Page 20 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 17. 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 unexpired terms beginning immediately and ending July 1, 2018. - Andrew Thompson (Category 2 - driver or chauffer) has completed two full terms of service; therefore, he 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 Passenger Vehicle for Hire Applicants 18. Nominations to the Privatization / Competition Advisory Committee Action: Nominate citizens to serve as specified. Incumbents may be reappointed at this time. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Three appointments for two-year terms beginning March 2, 2016, and ending March 1, 2018. - Felisha Fletcher is eligible and interested in being considered for reappointment. - Julian Wright, Jr. has completed two full terms of service; therefore, he is not eligible for reappointment. Attachment Privatization / Competition Advisory Committee Applicants Privatization Competition Advisory Committee Applicants City of Charlotte Page 21 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 19. Nomination to the Transit Services Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a local service passenger representative for a three-year term beginning February 1, 2016, and ending January 31, 2019. - Anthony Wesley has served full terms of service; therefore, he is not eligible for reappointment. Attachment Transit Services Advisory Committee Applicants Transit Services Advisory Committee Applicants 20. Nomination to the Zoning Board of Adjustment Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a three-year term of service beginning January 31, 2016, and ending January 30, 2019. - Mark Loflin has completed two full terms of service; therefore, he is not eligible for reappointment. Attachment Zoning Board of Adjustment Applicants Zoning Board of Adjustment Applicants 21. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 22 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 CONSENT 22. Voluntary Annexation Public Hearing Action: Adopt a resolution setting a public hearing for March 14, 2016, for a voluntary annexation petition. Staff Resource(s): Jonathan Wells, Planning Explanation § The City has received a petition for voluntary annexation of private property. § The 14.81 acre site “Tilley Manor” is located west of the 4200 block of Tilley Morris Road immediately south of Interstate-485 in south Mecklenburg County. § The property is currently vacant. § The intended buyer of the property has plans to develop the property with 35 single-family homes. § The property is zoned R-3 - Residential single-family. § Public hearings are required prior to the City Council action on annexation requests. § The property is located within Charlotte’s extraterritorial jurisdiction. § Area proposed for annexation shares boundaries with current city limits. § Annexation of this area at this time will allow for more orderly land development review, extension of City services, capital investments, and future annexation processes. § The “Tilley Manor” annexation is consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; - Will not have undue negative impact on City finances or services; and - Will not result in a situation where unincorporated areas will be encompassed by new City limits. Attachment Map Resolution Map Tilley Manor Resolution setting hearing City of Charlotte Page 23 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 23. City Bridge Inspections Action: A. Award a contract in the amount of $216,191.12 with Parsons Brinckerhoff, Inc. for the inspection of bridges not qualifying for federal funds, B. Award a contract in the amount of $444,307.04 with Parson Brinckerhoff, Inc. in for the inspection of bridges that qualify for federal funds administered by the state of North Carolina, C. Adopt a resolution authorizing the City Manager to execute a Municipal Agreement with the North Carolina Department of Transportation to share the cost of inspecting 140 City-maintained bridges and culverts in the amount of $355,445.63, and D. Adopt a budget ordinance appropriating North Carolina Department of Transportation funds of $355,445.63. Staff Resource(s): Gus Jordi, Transportation Explanation § The Federal Highway Administration (FHWA) mandates that bridges and culverts be inspected every two years. § Bridges are inspected for structural adequacy, safety, and functionality. § Bridges that are greater than 20 feet in length qualify for federal reimbursement of 80% of the cost of inspections. § The North Carolina Department of Transportation (NCDOT) administers the reimbursement process on behalf of FHWA. § The intergovernmental arrangement constitutes multiple agreements and contracts that must be approved by the City Council. § On October 21, 2015, the City issued a Request for Qualifications for National Bridge Inspection Standards and Non-Qualifying Bridge and Culvert Inspections; seven proposals were received from interested service providers. § Parsons Brinckerhoff, Inc. was chosen using the Council-approved qualifications-based selection process, and is the best qualified firm to meet the City’s needs based on demonstrated competence and qualifications of professional services. § This is the first part of the 2016 Bridge Inspection Program. Over the next two years, City Council will see contracts for the design and construction of needed repairs related to these inspection contracts. Action A § The contract with Parson Brinckerhoff, Inc. is for the inspection of 72 City-maintained bridges and culverts that do not qualify for federal reimbursement. § The City is responsible for 100% of costs associated with the inspection and maintenance of these bridges and culverts. § The City’s costs are included in the 2014 Bonds. Action B,C, and D § The contract with Parson Brinckerhoff, Inc. is for the inspection of 140 City-maintained bridges that qualify for federal reimbursement. § FHWA will reimburse the City for 80% of the total cost of inspections, which is $355,445.63. § The City is responsible for 20% of the total cost, which is $88,861.41. § The FHWA reimbursement and City’s cost total $444,307.04. City of Charlotte Page 24 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 Charlotte Business INClusion Action A The City negotiated subcontracting goals after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business Inclusion Policy). Parson Brinckerhoff has committed 9.98% ($21,576.91) of the total contract amount to the following certified firm: § Boyle Consulting Engineers, PLLC (SBE) ($21,577) (bridge inspection services) Small Professional Services Firm (SPSF) Opportunity Action B For FHWA funded projects, NCDOT does not mandate a goal however they encourage the use of SPSFs on projects. For this contract, Parson Brinckerhoff has committed 10.42% ($46,311.29) of the total contract amount to the following SPSF firm: § DRMP, Inc. ($46,311) (bridge inspection services) Fiscal Note Funding: Transportation Community Investment Plan and the Federal Highway Administration Funds Attachment List of Bridges Budget Ordinance Resolution 2016 Non-Qualifying Bridge List 2016 Qualifying Bridge List CDOT ord 2-8-16 NCDOT Contributions-City Bridge Inspections RESOLUTION for Bridge Inspection MA City of Charlotte Page 25 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 24. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to execute a Developer Agreement with Piper Glen Master Association HOA, Inc., Dilworth Apartments, LLC, and Rea Farms Development, LLC, and B. Adopt a budget ordinance appropriating $807,259 in private developer funds for traffic signal improvements. Staff Resource(s): Scott Putnam, Transportation Explanation § The $807,259 in private developer funding is for traffic signals/upgrades and related work associated with developer projects. The funding is restricted to the projects noted below. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development projects: - Piper Glen Master Association HOA, Inc. contributed $238,500 for mast arm signals at the intersection of Rea Road and Piper Glen Drive. - Dilworth Apartments, LLC contributed $17,250 for signal modification at East Morehead Street and Kenilworth Avenue. - Rea Farms Development, LLC contributed $551,509 for new signal mast arms at the intersections of Ardrey Kell & Providence roads, and Ardrey Kell Road and Fairway Row Lane. § 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 011516 CDOT ord 2-8-16 Developer Contributions City of Charlotte Page 26 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 25. Interlocal Agreement with Charlotte-Mecklenburg Schools for Google Fiber Hut Sites Action: Authorize the City Manager to execute an interlocal agreement with Charlotte Mecklenburg Schools to facilitate locating three Google Fiber Hut sites. Staff Resource(s): Phil Reiger, Transportation Explanation § On January 27, 2015, Google fiber Inc. (Google fiber) announced its intentions to serve Charlotte with ultra-high-speed residential/small business internet and television services. § On February 23, 2015, City Council authorized the City Manager to execute a Google fiber Inc. Network Hut License Agreement, in order to facilitate the efficient build out of Google fiber’s infrastructure. § The license Agreement authorized Google fiber to use City-owned property to place 15 network “huts” located all across the city (map attached). - A network hut is an essential piece of fiber infrastructure that facilitates providing internet and television services. - Huts are 12ft by 30ft buildings enclosed by a security fence or wall that acts as a substation for internet and television provision as shown in the pictures attached. - The total footprint of a fiber hut site (both hut and security fence/wall) is approximately 1,500 square feet. § City staff was unable to identify City-owned property that met the design/location criteria for three hut sites necessary to complete the build out of the entire City. § In partnership with Charlotte-Mecklenburg Schools (CMS), the following three school sites were identified for the remaining three network hut sites. - Barringer Academic Center (West Charlotte); - Kennedy Middle School (Southwest Charlotte); and - Old Providence Elementary (South Charlotte). § The City Council action will authorize the City to use the necessary CMS property to locate the final three hut sites under the following terms. - The City has the rights to sub-license the property to Google fiber. - The term of the Agreement shall be co-terminant with the City’s Google fiber Inc. Network Hut License Agreement. - The City agrees to pay to CMS all fees the City is paid by Google fiber for use of the School Hut Sites under the City-Google Agreement ($2.00 per square foot annually). § The City Council action is contingent on the approval the Charlotte-Mecklenburg Board of Education (BOE) and the Mecklenburg Board of County Commissioners (BOCC). These boards are scheduled to take action as follows: - BOE: Tuesday, February 9, 2016 - BOCC: Tuesday, February 16, 2016 Fiscal Note Funding: Not Applicable Attachment Google Hut Locations Map Google Hut Picture Google Hut Map Google Hut Photo City of Charlotte Page 27 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 26. Interlocal Agreement with Mecklenburg County for the Cross Charlotte Trail at Cordelia Park Action: Adopt a resolution to enter into a second interlocal agreement with Mecklenburg County to jointly-fund design and construction of a segment of the Cross Charlotte Trail with the City’s share being an amount not to exceed $600,000. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § On September 28, 2015, City Council approved the interlocal agreement between the City and Mecklenburg County (County), establishing the Cross Charlotte Trail (the Trail) as a jointly-sponsored project. § Under the first interlocal agreement for the Trail, Cordelia Park was identified as a location where a City segment of the Trail and a County segment of the Trail intersect. § Rather than building two separate segments, the City and County propose funding design and construction of the Trail through Cordelia Park as a joint project. The project will extend the Little Sugar Creek Greenway by 1400 linear feet under the Parkwood Avenue Bridge and through Cordelia Park to Davidson Street. It will also include a 700 linear foot connector from the greenway along Davidson Street to 24th Street. § This second interlocal agreement is necessary to authorize the City’s funding commitment for this segment of Trail and it allows the Board of County Commissioners to award the construction contract on February 22, 2016. § Under this second interlocal agreement, the County will pay all costs upfront for design, permitting and construction of the project, which is estimated to cost $1.2 million. The City will reimburse the County for an amount not to exceed $600,000. § Approval of this second interlocal agreement will allow construction of the first City-funded segment of the Cross Charlotte Trail to begin by April 2016, less than 18 months after initial funding for the Trail was approved by voters in the 2014 Community Investment Plan bond referendum. Background § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million included in the proposed 2016 Bond Referendum. § Once the Cross Charlotte Trail is complete, residents will be able to bike or hike seamlessly from one end of Charlotte to the other. Approximately 98,000 jobs and 80,000 residents will be within a half-mile of the proposed trail. Charlotte Business INClusion This is an Interlocal Agreement and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment Project Map Cost Estimate Interlocal Agreement Resolution City of Charlotte Page 28 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 Location Map - Interlocal Agreement for the Cross Charlotte Trail Cordelia XCLT Cost Estimate and City-County Breakdown_2016-01-29 Cordelia Park XCLT Agreement_2016-01-29_FINAL Resoution for RCA 15-20000_XCLT Cordelia Park Interlocal Agreement_2016-02-02_FINAL 27. Cherokee-Scotland Storm Drainage Improvement Project Change Order Action: Approve change order #1 for $788,921.85 to Onsite Development, LLC for Cherokee-Scotland Storm Drainage Improvement project. Staff Resource(s): Barry Shearin, Charlotte Water Susan Tolan, Engineering & Property Management Department Explanation § The Cherokee-Scotland Storm Drainage Improvement project includes: - Storm drainage, - Channel improvements, - Curb and gutter, - Sidewalk, and - Erosion control. § On January 12, 2015, the City Council awarded the original contract in the amount of $6,367,160.73. § Change order #1 in the amount of $788,921.85 will provide funds to replace the sanitary sewer on Biltmore Drive. § During the course of the storm water construction project and after some issues with individual residential sanitary sewer service lines on Biltmore Drive, Charlotte Water conducted a comprehensive video and engineering assessment of the sanitary sewer system. § Charlotte Water discovered the sewer lines had structural issues, including longitudinal cracking, broken sections, and numerous sags or vertical depressions in the grade of the pipe. § In order to lessen impact to the community, Charlotte Water decided to completely replace the sanitary sewer system. § The additional costs will be funded through Charlotte Water’s Community Investment Program. § The new total value of the contract is $7,156,082.58 and is available within the current budget. § The work will add four months to the construction contract; the project is expected to be complete in September 2017. Charlotte Business INClusion All additional work involved in this change order will be performed by Onsite Development and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Location Map -Cherokee-Scotland Storm Drainage Improvement Project Change Order City of Charlotte Page 29 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 28. Glenfall Avenue Storm Drainage Maintenance and Repair Project Action: Award a contract in the amount of $649,000 to the lowest responsive bidder Zoladz Construction Co., Inc. for the Glenfall Avenue Storm Drainage Maintenance and Repair project. Staff Resource(s): Stewart Edwards, Engineering & Property Management Explanation § The project involves installing approximately 875 feet of new storm drainage pipe and approximately 600 feet of pipe lining at two locations along Glenfall Avenue, near the 3900 and 4200 blocks. This project is in Council District 6 off of Chandworth Road and is surrounded by Sharon Road, Park Road, and Sulkirk Road. § The work will include: - Storm drainage, - Sanitary sewer, - Water line, - Curb and gutter, - Driveways, and - Asphalt pavement replacement. § On November 24, 2015, the City issued an Invitation to Bid for the Glenfall Avenue Storm Drainage Maintenance and Repair project; four bids were received from interested service providers. § Zoladz Construction Co., Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by December 2016. Charlotte Business INClusion Established SBE Goal: 14% Committed SBE Goal: 14.00% Zoladz Construction Co., Inc. met the established SBE subcontracting goal, and has committed 14.00% ($90,860) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Pavers, Walls and Stamped Concrete, LLC (SBE, MBE) ($30,000) (concrete) · Maybury Fencing Inc. (SBE, WBE) ($26,000) (fencing) · On Time Construction, Inc. (SBE, MBE) ($20,000) (masonry/drainage structures) · All Points Trucking, Inc. (SBE, WBE) ($7,430) (hauling) · D’s Trucking Service Inc. (SBE, WBE) ($7,430) (hauling) Established MBE Goal: 5% Committed MBE Goal: 7.70% Zoladz Construction Co., Inc. exceeded the established MBE subcontracting goal, and has committed 7.70% ($50,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Pavers, Walls and Stamped Concrete, LLC (SBE, MBE) ($30,000) (concrete) · On Time Construction, Inc. (SBE, MBE) ($20,000) (masonry/drainage structures) Fiscal Note Funding: Storm Water Community Investment Plan Attachment Map City of Charlotte Page 30 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 Location Map -Glenfall Avenue Storm Drainage Maintenance and Repair Project 29. Large Diameter Water and Sewer Service Installations (FY16 - Contract #1) Action: A. Award a contract in the amount of $4,053,340.50 to the lowest responsive bidder Dallas 1 Construction LLC for the installation of large water and sewer services, and B. Authorize the City Manager to renew the contract for up to one additional term 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): Barry Shearin, Charlotte Water Explanation § Charlotte Water outsources most of new water and sewer service installations, using construction contracts. § Customers pay connection fees for new services, which are based on costs incurred by Charlotte Water in these contracts. § The majority of the work covered by this contract will be used for commercial water and sewer service installations, and should provide for approximately 200 service connections. § Construction of residential-sized services is performed under a separate contract. § Having contracts in place prior to receiving service requests provides a shorter response time for service delivery. § On December 17, 2015, the City issued an Invitation to Bid for Large Diameter Water and Sewer Services; three bids were received from interested service providers. § Dallas 1 Construction LLC was selected as the lowest responsive, responsible bidder. § This is the first of two contracts Charlotte Water plans to bid during Fiscal Year 2016. The second contract will be presented to City Council in spring 2016. 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 Community Investment Plan City of Charlotte Page 31 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 30. Vehicle and Equipment Commission and Decommission Action: A. Approve a contract with Vehicle Prep Services for Vehicle and Equipment Commission and Decommission Services 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 § The City’s Fleet Management Division, Management & Financial Services Department, uses an outside service provider to perform various commissioning and decommissioning activities on the City and County fleet of vehicles and equipment. § Service provider responsibilities include installation and removal of graphics, equipment, and accessories including but not limited to light bars, radios, generators, temperature readers and other required equipment and accessories to prepare vehicles and equipment for use or to retire them from the fleet on an as-needed basis. § On December 1, 2015, the City issued a Request for Proposal (RFP) for Vehicle and Equipment Commission and Decommission Services. In response to the RFP, the City received one proposal from interested service providers. - Procurement Management communicated to more than 140 existing registered City vendors through multiple channels, including email and phone related to this solicitation. No other existing vendors, including certified M/W/SBEs, are interested in or available to provide the requested services. § Fleet Management staff evaluated the proposal and determined that Vehicle Prep Services best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Fleet Management anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual contract expenditures are $225,000. 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: Fleet Management Operating Budget 31. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - January 11, 2016, Business Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 32 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 PROPERTY TRANSACTIONS 32. Change Deed Restriction for Mecklenburg County Action: Approve changing the deed restriction for a +/- 1.47 acre portion of the real property (tax parcel # 125-071-26) making up the site of the former Second Ward High School, requiring that the property be used for school purposes. Staff Resource(s): Ron Kimble, City Manager’s Office Catherine Cooper, City Attorney’s Office Explanation § In 1950 the City conveyed the property for the old Second Ward High School, located on what is now E. Martin Luther King, Jr., Blvd., (the Property), to what is now the Charlotte-Mecklenburg Board of Education (CMBE), with the deed providing that should the Property not be used for school purposes for a period of 12 months, ownership would revert back to the City. § Second Ward High School was opened in 1923 as the City’s first high school for African-American students. It was closed in 1969 and largely demolished, along with the other historic buildings in the former Brooklyn Village neighborhood, though the high school gym building still stands. Other improvements now located and in use on the Property include the Metro School and a school-related office building. § The CMBE and the Mecklenburg Board of County Commissioners have agreed on terms and approved the transfer to the County of a 1.47 acre portion of CMBE property, consisting of the Second Ward High School gym building and a small grassy area (a portion of Tax Parcel # 125-071 -26), which property is subject to the 1950 restriction to use for school purposes. § Mecklenburg County plans to renovate and maintain the gym building as ancillary space for the Aquatic Center and for County Park and Recreation programming, to include athletics, camps, and fitness classes. The renovated gym will also include a display area for historic artifacts and memorabilia collected by the Second Ward High School Alumni Foundation. § The small grassy area in front of the gym building is slated to eventually be incorporated into the planned Second Ward Park. § The transfer from CMBE to Mecklenburg County will provide that Metro School students will continue to have the right to use the renovated gym as part of the school’s curriculum, and that students from other schools will be allowed to use the gym for games and events, rent-free. § Mecklenburg County requests that the City change the 1950 deed restriction on the portion of the Property it is acquiring from CMBE to allow its renovation and use, as planned, without the risk of ownership reverting to the City. § For the portion of the Property conveyed to Mecklenburg County, the 1950 deed restriction would be changed to provide that the property must be used for public recreational and/or educational purposes, and that should the County or CMBE cease to use the property for public recreational and/or educational purposes, upon request, the County or CMBE will convey such property to the City at no cost. § The remainder of the Property will continue to be restricted to use for school purposes. Attachment Map Exhibit GIS Map City of Charlotte Page 33 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 33. In Rem Remedy: 4125 Gossett Avenue 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; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - the Police and/or Fire Departments 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. Public Safety: (4125 Gossett Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4125 Gossett Avenue) (Neighborhood Profile Area 385). Attachment Ordinance Packet for 4125 Gossett Avenue In Rem Remedy 4125 Gossett Av.pdf City of Charlotte Page 34 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 34. In Rem Remedy: 1420 (Accessory Structure) Riverside Drive 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; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - the Police and/or Fire Departments 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. Complaint: (1420 Accessory Structure Riverside Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1420 Accessory Structure Riverside Drive) (Neighborhood Profile Area 156). Attachment Ordinance Packet for 1420 Accessory Structure Riverside Drive In Rem Remedy 1420 (Acc Bldg) Riverside Dr.pdf City of Charlotte Page 35 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 35. In Rem Remedy: 630 Edgegreen Drive 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; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - the Police and/or Fire Departments 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: (630 Edgegreen Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (630 Edgegreen Drive) (Neighborhood Profile Area 230). Attachment Ordinance Packet for 630 Edgegreen Drive In Rem Remedy 630 Edgegreen Dr.pdf City of Charlotte Page 36 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 36. In Rem Remedy: 733 McArthur Avenue 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; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - the Police and/or Fire Departments 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: (733 McArthur Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (733 McArthur Avenue) (Neighborhood Profile Area 363). Attachment Ordinance Packet for 733 McArthur Avenue In Rem Remedy 733 McArthur Av.pdf City of Charlotte Page 37 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 37. Property Transactions - Harbor Drive 12" Water Main, Parcel #8 Action: Approve the following property acquisition: Harbor Drive 12" Water Main, Parcel #8 Project: Harbor Drive 12" Water Main, Parcel #8 Owner(s): 3F North America, Inc. Property Address: 12301 Moores Chapel Road Total Parcel Area: 629,492 sq. ft. (14.451 acres) Property to be acquired by Easements: 14,173 sq. ft. (.325 ac.) in Waterline Easement, plus 10,667 sq. ft. (.245 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-1 Use: Industrial Tax Code: 053-132-11 Purchase Price: $10,275 Council District: N/A 38. Property Transactions - Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #3 Action: Approve the following property condemnation: Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #3 Project: Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #3 Owner(s): Shirley B. Mercer Property Address: 12001 Mt.Holly-Huntersville Road Total Parcel Area: 326,188 sq. ft. (7.488 acres) Property to be acquired by Easements: 8,055 sq. ft. (.185 ac.) in Sanitary Sewer Easement, plus 4,890 sq. ft. (.112 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: Corporate Business District Use: Single-family Residential - Rural Acreage Tax Code: 017-203-06 Appraised Value: $1,475 Property Owner’s Counteroffer: $15,500 Property Owner’s Concerns: The property owner requested that the existing right- of-way stakes be replaced and the asphalt driveway is repaired after completing construction. The owner does not agree with the amount of compensation being offered for the easements. City’s Response to Property Owner’s Concerns: A special provision was approved to replace the right-of-way stakes and to replace all disturbed portions of the driveway with asphalt once construction is completed. The property owner was advised that she could obtain her own appraisal and submit it to the City for an independent review. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation for clear title to acquire necessary property rights. Council District: N/A (Huntersville) City of Charlotte Page 38 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 39. Property Transactions - Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #4 Action: Approve the following property condemnation: Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #4 Project: Mt.Holly-Huntersville 11810 Road Sanitary Sewer, Parcel #4 Owner(s): Shirley B. Mercer Property Address: 11855 Mt.Holly-Huntersville Road Total Parcel Area: 370,780 sq. ft. (8.512 acres) Property to be acquired by Easements: 9,712 sq. ft. (.223 ac.) in Sanitary Sewer Easement, plus 5,846 sq. ft. (.134 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: Corporate Business District Use: Single-family Residential - Rural Acreage Tax Code: 017-203-05 Appraised Value: $2,675 Property Owner’s Counteroffer: $15,500 Property Owner’s Concerns: The property owner requested that the existing right- of- way stakes be replaced and the asphalt driveway is repaired after completing construction. The owner does not agree with the amount of compensation being offered for the easements. City’s Response to Property Owner’s Concerns: A special provision was approved to replace the right-of-way stakes and to replace all disturbed portions of the driveway with asphalt once construction is completed. The property owner was advised that she could obtain her own appraisal and submit it to the City for an independent review. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation for clear title to acquire necessary property rights. Council District: N/A (Huntersville) City of Charlotte Page 39 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 40. Property Transactions - McKee Road and Providence Road Intersection Improvements, Parcel #22 Action: Approve the following property condemnation: McKee Road and Providence Road Intersection Improvements, Parcel #22 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: McKee Road and Providence Road Intersection Improvements, Parcel #22 Owner(s): CSL North Carolina System, LP Property Address: 10523 Providence Road Total Parcel Area: 27,686 sq. ft. (.636 ac.) Property to be acquired by Fee: 890 sq. ft. (.02 ac.) in Fee Simple Property to be acquired by Easements: 123 sq. ft. (.003 ac.) in Temporary Construction Easement, plus 1,353 sq. ft. (.031 ac.) in Permanent Easement Structures/Improvements to be impacted: Asphalt surface Landscaping to be impacted: Trees Zoned: R-3 Use: Leasehold Interest Tax Code: 231-202-30 Appraised Value: $6,525 Property Owner’s Concerns: The property owner’s tenant is concerned about accessing the existing underground cables via the manholes that are currently located in the right-of-way, in order to maintain them. City’s Response to Property Owner’s Concerns: Staff verified that the underground cables could remain and be accessible. 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 40 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 41. Property Transactions - Sunset Road Sidewalk, Parcel #16 Action: Approve the following property condemnation: Sunset Road Sidewalk, Parcel #16 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: Sunset Road Sidewalk, Parcel #16 Owner(s): Ferguson Enterprise Inc. Property Address: Sunset Road Total Parcel Area: 183,055 sq. ft. (4.202 acres) Property to be acquired by Easements: 152 sq. ft. (.003 ac.) in Sidewalk and Utility Easement, plus 472 sq. ft. (.011 ac.) in Temporary Construction Easement, plus 224 sq. ft. (.005 ac.) in Bus Stop Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Industrial Tax Code: 037-192-30 Appraised Value: $3,750 Property Owner’s Concerns: The property owner is concerned with the location of the proposed bus shelter and requested it to be moved to a different location. City’s Response to Property Owner’s Concerns: Staff determined that the proposed location of the bus shelter could not be moved and it is the best location for 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: 2 City of Charlotte Page 41 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 REFERENCES City of Charlotte Page 42 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 42. 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 43 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 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 44 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 43. 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 45 Printed on 2/8/2016 City Council Business Meeting Meeting Agenda February 8, 2016 44. 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 46 Printed on 2/8/2016