City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, April 11, 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 April 11, 2016 CITY COUNCIL MEETING Monday, April 11, 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 23 Regional Hazardous Material Response Team 30 Storm Water Services Revenue Bond Refunding City of Charlotte Page 2 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 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. 2. 2016 Housing Trust Fund Development Recommendations Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Time: 15 minutes Explanation § Neighborhood & Business Services staff will provide a briefing on the Fiscal Year 2016 recommendations for proposed developments to receive gap financing through the Housing Trust Fund (HTF). § On November 26, 2011, City Council established a HTF to provide gap financing for affordable housing in the Charlotte community. Since 2002, the fund has assisted with financing 5,542 affordable housing units, with 4,718 units completed to date. § The HTF is available for developers receiving a North Carolina Housing Finance Agency Tax Credit award for new construction and the rehabilitation of existing housing units. This funding provides local alignment with state-supported developments and allows for greater local leverage of tax credit awards. § Developments must meet the current Housing Locational Policy, and developers are required to inform the City Council representatives and convene at least one neighborhood meeting to address any proposed development concerns. Future Action The City Council will be asked to consider the Fiscal Year 2016 HTF Recommendations at the April 25 Business Meeting. City of Charlotte Page 3 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 3. Urban Forestry Management Plan Staff Resource(s): Gina Shell, Engineering & Property Management Erin Oliverio, Engineering & Property Management Dave Cable, TreesCharlotte Time: 30 minutes Explanation § On June 28, 2011, the City Council adopted a tree canopy goal of 50% coverage by the year 2050. § City and TreesCharlotte staff will provide a briefing on the following topics as it pertains to this goal: - Current planting and maintenance efforts; - Next steps, which includes gathering input from the public and urban forestry partners to use in creating a vision and determining goals/objectives for the urban forest over the next 30 years; and - A plan to help the Charlotte community understand the progress of this effort. § As part of the discussion, staff will also update the City Council on citizen outreach opportunities and a timeline for completion of the plan. Future Action The City Council will be asked to consider adoption of the completed plan in late fall 2016. 4. 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 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 5. Closed Session Action: Adopt a motion to go into closed session pursuant to North Carolina General Statute 143-318.11(a)(4) to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. City of Charlotte Page 5 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 6 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 7:00 P.M. AWARDS AND RECOGNITION 6. 2015 City Employee of the Year Action: Mayor Roberts will recognize John Howard Jr. as the 2015 Employee of the Year. City of Charlotte Page 7 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 7. Consent agenda items 23 through 72 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. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 8 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 POLICY 8. City Manager’s Report 9. City Council Rules of Procedure Action: Approve the Governance and Accountability Committee’s recommendation to adopt revised Roles of Procedure for the Charlotte City Council. Committee Chair: Kenny Smith Staff Resource(s): Bob Hagemann, City Attorney’s Office Explanation § The City Council’s Rules of Procedure have not been comprehensively reviewed in over 15 years. § With the assistance of the City Attorney and the City Clerk, the Governance and Accountability Committee reviewed the current rules and considered changes at three meetings. § On March 28, 2016, the Committee unanimously (Smith, Autry, Mayfield, and Phipps) recommended that City Council adopt revised rules. § At the April 4, 2016, Workshop Meeting, the City Attorney briefed the City Council on the proposed revised rules. § Technical changes include: - Using gender-neutral pronouns; - Eliminating redundant language; and - Eliminating references to the zoning protest petition. § More substantive changes include: - Requiring speakers to sign-up before the agenda item is reached; - Authorizing the Mayor to set an earlier deadline for speakers to register; - For agenda items and non-zoning public hearings, speakers get three minutes unless shortened by the Mayor due to a large number of speakers, and not allowing speakers to yield time; - Individuals are permitted to speak once per quarter at a citizens forum; - The deletion of several rarely used motions - e.g. defer consideration; revive consideration; rescind or repeal; ratify; to prevent reconsideration for three months; renewal of motion; and - Allowing telephonic or electronic attendance at emergency meetings, and at regular and special meetings where: (i) necessary to achieve a quorum; (ii) attendance is precluded due to weather, civil unrest, emergency, etc.; and (iii) the meeting needs to be continued or to take action on matters that cannot be delayed Attachment Proposed Rules of Procedure for the Charlotte City Council Council Rules - recommended City of Charlotte Page 9 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 BUSINESS City of Charlotte Page 10 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 10. Cross Charlotte Trail TIGER 2016 Grant Action: Adopt a resolution authorizing the City Manager to submit an application to negotiate and execute a TIGER 2016 Grant Agreement with the U.S. Department of Transportation for the Cross Charlotte Trail Bridge over US 74. The total bridge project will cost up to $15.5 million, including a local share of up to 30% upon federal approval of the TIGER 2016 grant application. Staff Resource(s): Dan Gallagher, Transportation Vivian Coleman, Transportation Explanation § Transportation Investments Generating Economic Recovery, also known as TIGER Discretionary Grants, are authorized and funded by the U.S. Department of Transportation (USDOT) for transportation infrastructure projects. Seven previous rounds of TIGER grants have been authorized. § On February 26, 2016, USDOT issued a Notice of Funding Opportunity (NOFO) for the eighth round of TIGER Discretionary Grants, detailing the availability of $500 million in competitive capital grants and announcing selection criteria. § The primary selection criteria in the NOFO includes: - Safety - State of Good Repair - Economic Competitiveness - Quality of Life - Environmental Sustainability § The secondary selection criteria are Innovation and Partnership. § The minimum capital grant award is $5 million with a maximum award of $100 million. Up to 80% of a project’s total cost can be funded by a TIGER grant. Applications/Proposals § USDOT has established a very aggressive schedule for submitting applications. Final applications must be submitted by April 29, 2016. As described below, staff proposes to submit one capital grant application from the City of Charlotte for the Cross Charlotte Trail bridge over US 74. § The total project cost up to $15.5 million is reflected in the below estimate breakdown: - $1.7 million (planning, design, construction administration, inspection, and testing) - $11.0 million (construction cost for the bridge and trail approaches) - $2.8 million (project contingency) § The project will construct a pedestrian and bicycle bridge over the U.S. Highway 74/Interstate-277 interchange to connect the Cross Charlotte Trail (Little Sugar Creek Greenway) from 7th Street to 10th Street completing a significant gap in the greenway system. § The City is making a substantial investment to advance the Cross Charlotte Trail with $5 million funded through 2014 bonds. An additional $30 million is planned for future bond referenda. § The City is partnering with Mecklenburg County to develop this 26-mile trail and greenway facility that will stretch from the Town of Pineville, through Center City and on to the University of North Carolina at Charlotte campus and Cabarrus County line. § Staff is proposing a 30% match for this grant with funds anticipated from the 2016 Transportation Bonds. Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 11 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 Attachment Resolution Project Concept Map TIGER Grant Funding Resolution Project Concept Map for Cross Charlotte Trail TIGER 2016 Grant City of Charlotte Page 12 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 11. Purchase and Sale Agreement Amendment #1 with Foundation For The Carolinas for the Carolina Theatre Property Action: Approve amendment #1 of the Purchase and Sale Agreement for the Carolina Theatre property, consistent with the Foundation For the Carolinas’ current plan for a development project, which will include the renovated Carolina Theatre and lobby, new office space, and a luxury hotel. Staff Resource(s): Ron Carlee, City Manager’s Office Robert Hagemann, City Attorney’s Office Explanation § On April 8, 2013, City Council approved selling the Carolina Theatre site to Foundation For the Carolinas (FFTC), with the condition that the FFTC preserve and complete a historic renovation of the Theatre. The property was sold for $1 in June 2013. § The Purchase and Sale Agreement (Agreement) for the property contained a timeline and conditions for completion of the Theatre restoration work and a restriction against any sale of the property, in addition to providing that damages be paid to the City for defaults of the conditions. § Since then, FFTC has developed plans for the Theatre renovations, submitted an application for a letter of appropriateness from the Historic Landmarks Commission, and secured the Commission’s conceptual approval for the proposed Theatre reconstruction. § In addition to renovating the Theatre, FFTC now plans to construct a new lobby adjacent to the Theatre, to finance and construct new FFTC office space above the Theatre, and to engage a developer to construct a hotel above the office space. § FFTC’s proposed development would include certain common areas for the use of all unit-owners, plus three separately-owned units: a “Theatre Unit” consisting of the Theatre and lobby space, an “Office Unit” consisting of office space constructed above the Theatre, and a “Hotel Unit” consisting of hotel space constructed above the Office Unit, along with a landing lobby. § With respect to redevelopment of the property, the Agreement only addressed renovation of the Theatre itself. In light of FFTC’s plan to redevelop the property using a structure which will include uses in addition to and separate from the Theatre, the Agreement should be amended to take into account the additional uses of the property and FFTC’s increased investment in the property by allowing the sale and/or transfer of the individual “Units”, upon certain conditions. Terms of the Amendment § The conditions and timeline provisions for Theatre renovation will continue to be in effect. § FFTC will be permitted to sell or transfer the Theatre Unit to a subsidiary or affiliate of FFTC, or a 501(c)(3) or public entity, as long as the new entity is subject to the terms of the Agreement and operates the Theatre as a venue for lectures, film, music, performing arts, or other forms of community engagement. § FFTC will be permitted to sell the Hotel Unit and related common areas, so long as the proceeds from such a sale are held at FFTC and managed by FFTC’s Board of Directors for the benefit of the Theatre. § FFTC will be permitted to sell or transfer the Office Unit and related common areas, and the proceeds from any such sale will belong solely to FFTC. Charlotte Business INClusion FFTC has previously agreed to meet a MWSBE goal to be established by the City at the time of the theatre renovation. For this amendment, the City will continue to work with FFTC to develop a MWSBE goal for additional improvements made to the property. City of Charlotte Page 13 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 12. Nominations to the Bicycle Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending December 31, 2018. - Cindy Bean has resigned. § One appointment for a partial term beginning immediately and ending December 31, 2017. - Jess Cochran has resigned. Attachment Bicycle Advisory Committee Applicants 13. Nominations to the Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for terms beginning April 29, 2016, and ending April 28, 2019. - DeAlva W. Glenn is eligible and interested in being considered for reappointment. - Gregory Wiley is eligible and interested in being considered for reappointment. Attachment Business Advisory Committee Applicants 14. Nomination to the Charlotte International Cabinet Action: Nominate citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term in the Cultural/Ethnic category beginning immediately and ending June 30, 2018. - Xin Zhang did not meet attendance requirements for 2015. Attachment Charlotte International Cabinet Applicants City of Charlotte Page 14 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 15. Nomination to the Civil Service Board Action: Nominate citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning May 16, 2016 and ending May 15, 2019. - Karen Burke is eligible and interested in being considered for reappointment. Attachment Civil Service Board Applicants 16. Nomination to the Housing Appeals Board Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term in the City within a City category beginning immediately and ending December 31, 2016. - James Guntrum has resigned. Attachment Housing Appeals Board Applicants City of Charlotte Page 15 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 17. Nominations to the Neighborhood Matching Grants Fund Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Seven appointments for terms beginning April 16, 2016, and ending April 15, 2018. - Kellie Anderson, Non-profit Organization Category, is eligible and interested in being considered for reappointment. - Thomas Burch, Neighborhood Organizational Leader Category, is eligible and interested in being considered for reappointment. - Clair Craig-Lane, Non-Profit Organization Category, is eligible and interested in being considered for reappointment. - Kim Graham, Business Representative Category, has completed two terms of service; therefore, she is not eligible for reappointment. - William H Hughes, Neighborhood Representative Category, is eligible and interested in being considered for reappointment. - Karen Labovitz, Neighborhood Representative Category, has completed two terms of service; therefore, she is not eligible for reappointment. - Will Russell, Business Representative Category, is eligible and interested in being considered for reappointment. Attachment Neighborhood Matching Grants Applicants 18. Nominations 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 partial term in the Express Service Passenger category beginning immediately and ending January 31, 2017. - James Hilsman did not meet attendance requirements for 2015. Attachment Transit Services Advisory Committee Applicants City of Charlotte Page 16 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 19. Nomination to the Tree Advisory Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment to a term beginning March 1, 2016, and ending February 28, 2019. - Joshua Arnold did not meet attendance requirements for 2015. Attachment Tree Advisory Commission Applicants 20. Appointment to the Historic Landmarks Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § On March 28, 2016, the following two applicants received the most votes, but not the required six votes for appointment. - SyDonia Williams (Council members Austin, Autry, Mayfield, and Mitchell). - Cameron Wright (Council members Driggs, Kinsey, Lyles, Phipps, and Smith). § One appointment for a partial term beginning immediately and ending June 30, 2017. § Please vote for one of the two applicants named below: - SyDonia Williams - Cameron Wright Attachment Historic Landmarks Commission Applicants City of Charlotte Page 17 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 21. Appointment to Keep Charlotte Beautiful Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § On March 28, 2016, the following two applicants received the most votes, but not the required six votes for appointment. - Amy Villegas-McCleave (Council members Austin, Autry, Mayfield, Mitchell, and Phipps). - Brian Withrow (Council members Driggs, Kinsey, Lyles, and Smith). § One appointment for a partial term beginning immediately and ending June 30, 2017. § Please vote for one of the two applicants named below: - Amy Villegas-McCleave - Brian Withrow Attachment Keep Charlotte Beautiful Applicants City of Charlotte Page 18 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 CONSENT 23. Regional Hazardous Material Response Team Action: A. Adopt a resolution authorizing the City Manager to negotiate and execute a contract with the North Carolina Department of Public Safety, Division of Emergency Management, to fund a regional hazardous materials response team for Region 7 with firefighters from the Charlotte Fire Department for a period of four years, and B. Authorize the City Manager to extend the contract for an additional one-year term. Staff Resource(s): Rich Granger, Fire Explanation § The North Carolina Department of Public Safety, Division of Emergency Management (NCEM) has selected the Charlotte Fire Department (Fire) to be the lead regional response team for Region 7. Fire has served as lead since 2002. § The regional hazardous response team participates in outreach projects, and provides training and exercise related emergency response. § Region 7 consists of 11 North Carolina counties: Cleveland, Gaston, Lincoln, Catawba, Alexander, Iredell, Rowan, Stanley, Union, Cabarrus, and Mecklenburg. § The agreement with NCEM provides up to $69,000 in funding annually. - NCEM disburses all funds to Fire. In return, Fire provides outreach, training, and equipment (where necessary) to the 11 additional counties. - The Fire Department also can use the equipment for the Regional Response Team as needed throughout the City. § Funding for this program will be included as a part of the proposed Fiscal Year 2017 budget. § NCEM requires that City Council approve a resolution to accept the Regional Response Team funding. § The contract will begin on July 1, 2016, and will expire on June 30, 2020. Fiscal Note This funding is state funding, which comes from the North Carolina Department of Public Safety. There is no federal component. Attachment Resolution Resolution for RRT Contract City of Charlotte Page 19 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 24. Bojangles Coliseum Renovations Phase 2 - Ice Floor Replacement Design and Installation Action: Authorize the City Manager to negotiate and execute a contract in an amount up to $1,300,000 to Encompass Building Group, Inc. for the Bojangles Coliseum Ice Floor Replacement Design and Installation. Staff Resource(s): William Haas, Engineering & Property Management Steve Bagwell, Charlotte Regional Visitors Authority Explanation § The Bojangles Coliseum Renovations project includes two phases; Phase 1 was completed in October 2015, and Phase 2 will occur between June and October 2016. § Part of Phase 1 included testing the ice floor to confirm that the equipment could produce ice. As a result, City staff discovered and repaired small issues in the mechanical cooling system. Those repairs were made in the summer of 2015. § In October 2015, prior to the beginning of the hockey season, the Charlotte Regional Visitors Authority (CRVA) discovered leaks within the piping of the existing 24-year-old ice floor slab (thick concrete cooled to below freezing temperatures that allows ice to be made). - Quick repairs to the ice floor piping were unsuccessful and a temporary ice floor system was rented for the 2015-2016 Charlotte Checkers hockey season. - Staff evaluated options to repair the leaks and determined replacing the ice floor as the most effective solution. § On February 2, 2016, the City issued a Request for Proposals for Phase 2 ice floor design and installation; two proposals were received from interested firms. § A selection team, consisting of staff from Engineering & Property Management, CRVA, Odell & Associates and AME Consulting Engineers, evaluated the proposals and determined that Encompass Building Group, Inc. is the best qualified firm to meet the City’s needs in terms of qualifications and responsiveness. § Part of the Phase 2 scope of work will include replacement of the existing ice floor. This involves: - Design and engineering; - Approximately 11 miles of piping within the floor; - 6-inch concrete slab and reinforcement; - New mechanical equipment; and - Steel anchors for hockey equipment and special events embedded in the concrete. § Demolition and replacement is expected to begin June 2016 and be complete by October 2016, prior to the start of the 2016-2017 Charlotte Checkers’ hockey season. § The City Council will be asked to approve additional Phase 2 items at a May City Council Business Meeting, including upgrades to facility electrical and HVAC systems, as well as exterior improvements to storage, sidewalks, and storm drainage. § The cost of replacing the ice floor and the other Phase 2 work is within the original $15,953,375 budget. Background § Bojangles Coliseum opened as the Charlotte Coliseum in 1955. § It was the first free-span dome in the United States. The Coliseum’s exterior has been designated a historic landmark. § The Coliseum is owned by the City of Charlotte and operated by the CRVA. § The Coliseum averages 85 annual events including graduations, consumer shows, civic events, concerts and performances with average annual attendance of 183,232. § The Coliseum and the adjacent Ovens Auditorium hosts the majority of commencement exercises annually for Charlotte-Mecklenburg Schools, as well as many area colleges and private schools. City of Charlotte Page 20 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 § On December 8, 2014, the City Council approved $15,953,375 in capital repairs and improvements for the Bojangles’ Coliseum over two years. § The Checkers returned to the Coliseum following completion of Phase 1 work in 2015, improving the Coliseum’s business model. § Phase 1 of the capital plan was completed in October 2015. The improvements included modifications to the seating bowl, improvements to the concession areas, new sound system, new scoreboard as well as new locker room upfit. 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). Encompass Building Group has committed 10.00% ($130,000) of the total contract amount to the following certified firm: · All-Pro Builders & Restorations (SBE, MBE) ($130,000) (general construction services) Fiscal Note Funding: Convention Center Tax Fund Attachment Budget Line Item Comparison E&PM_Bojangles_Line Item Comp_4-11-16 25. City Parking Deck Inspections and Repair Design Services Action: Approve a contract with the following firms for parking deck inspections and repair design services: - SKA Consulting Engineers, Inc., in an amount not to exceed $250,000, and - Zapata Engineering of North Carolina, in an amount not to exceed $210,000. Staff Resource(s): Steve Marlowe, Engineering & Property Management Explanation § The City has six parking decks that require inspections in accordance with professional standards. § The contract term is for three years, during which SKA Consulting Engineers Inc. and Zapata Engineering of North Carolina will provide the following services: - Inspect and make necessary recommendations for needed repairs. - Design appropriate repairs and provide construction administrative services for the contractors that will be selected during a bid process. § On November 11, 2015, the City issued a Request for Qualifications for Parking Deck Inspections and Repair Design Services; six proposals were received from interested professional service providers. § Engineering & Property Management staff evaluated the proposals and determined SKA Consulting Engineers, Inc. and Zapata Engineering of North Carolina, Inc. are the best-qualified firms to meet the City’s needs in terms of competence, qualifications, and responsiveness. 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). Zapata Engineering of North Carolina, Inc. is a City MBE. Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 21 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 26. Thermoplastic Pavement Marking Material Action: A. Award a unit price contract to the lowest responsive bidder Crown Technology, LLC for the purchase of Thermoplastic Pavement Marking Material for the 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): Ronny Ashburner, Transportation Explanation § The Charlotte Department of Transportation maintains 690,000 linear feet of pavement markings throughout the City annually, including center lines, lane lines, edge lines, crosswalks and stop bars, and approximately 850 pavement arrows. § The contract with Crown Technology, LLC will provide yellow and white thermoplastic pavement marking material for Transportation’s Operations Division. § All material must meet North Carolina Department of Transportation specifications. § On February 25, 2016, the City issued an Invitation to Bid; three bids were received from interested providers. § Crown Technology, LLC was selected as the lowest responsive, responsible bidder. § The company will be paid $26.80 per 50-pound bag of white and $29.95 for 50-pound bag yellow thermoplastic material. § Estimated annual expenditures are $48,246; the total estimated expenditures for three years are $144,738. 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: Transportation Operating Budget City of Charlotte Page 22 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 27. Developer Reimbursement Agreement with HWW Charlotte Pinnacle LLC Action: Approve a developer reimbursement agreement with HWW Charlotte Pinnacle LLC to reimburse developer up to $250,000 for design and construction of an extension of Collins Aikman Drive. Staff Resource(s): Jim Keenan, Engineering & Property Management Explanation § On May 11, 2015, the City Council adopted the University City Area Plan, which recommends extending Collins Aikman Drive approximately 400 feet to connect to University Executive Park Drive. This connection is also identified as high priority in the Northeast Corridor Infrastructure Program. § The property through which this extension would occur is now under development. On December 14, 2015, the developer petitioned, and City Council approved a rezoning (2015-109) that required the developer to: - Dedicate a 40-foot right-of-way for the road extension; and - Negotiate with the City an agreement by which the developer would design and construct the desired roadway extension in a manner integral with the developer’s project, subject to the City agreeing to reimburse all associated costs to a limit of $250,000. § The agreement provides that the City will reimburse the developer for the roadway design, then, for roadway construction based on that approved design. § The agreement stipulates that if costs exceed $250,000, then the City and developer will perform value engineering to bring the cost within the contract limits. If the effort is not successful, then the agreement allows the City to reimburse only for the design, and the City would build the extension at a later time. § North Carolina General Statute 160A-309 authorizes the City to contract with a developer or property owner for public improvements that are adjacent or ancillary to a private land development project when the City determines that coordination of separately constructed public improvements would be impracticable. It further allows the City to reimburse said developer for those improvements up to $250,000 exempt from the public bid requirements providing the public cost will not exceed the estimated cost if it were bid and constructed by the City. § Funds for this work are available in the Northeast Corridor Infrastructure Program. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Developer Reimbursement Agreement with HWW Charlotte Pinnacle LLC City of Charlotte Page 23 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 28. Private Developer Funds Appropriation Action: Adopt a budget ordinance appropriating $27,000 in private developer funds for traffic signal improvements with TWO Capital Development, LLC and M Station, LLC. Staff Resource(s): Scott Putnam, Transportation Explanation § TWO Capital Development, LLC contributed $21,000 for signal modifications at the intersections of Arrowood and Brown Grier roads and Arrowood and Sandy Porter roads. § M Station, LLC contributed $6,000 for signal modifications at the intersection of Monroe Road and Idlewild Road. § Payments made by the developers are in response to an estimate of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § The $27,000 is restricted to traffic signals, upgrades, and related work associated with the developer projects. § Any funding contributed by developers for signal projects 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 Developer Contributions Budget Ordinance City of Charlotte Page 24 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 29. McAlway-Churchill Storm Drainage Improvements Action: Award a contract in the amount of $3,631,467.97 to the lowest responsive bidder Sealand Contractors Corp. for the McAlway-Churchill Storm Drainage Improvements project. Staff Resource(s): Jennifer Smith, Engineering & Property Management Explanation § The McAlway-Churchill Storm Drainage Improvement Project will improve the storm drainage infrastructure to reduce flooding of streets, properties, and structures. § The project area is located in the Briar Creek Drainage Basin, and is bounded by Meadowbrook Road and North Wendover Road to the north, McAlway Road to the east and south, and Sedgewood Circle and Briar Creek to the west. § The work will include: - Storm drainage, - Sidewalk, - Curb and gutter, - Driveways, - Asphalt pavement replacement, - Traffic control, and - Water and sanitary sewer installation. § On February 2, 2016, the City issued an Invitation to Bid; five bids were received from interested service providers. § Sealand Contractors Corp. was selected as the lowest responsive, responsible bidder. § Construction is expected to be complete second quarter 2018. Charlotte Business INClusion Established SBE Goal: 18.00% Committed SBE Goal: 18.00% Sealand Contractors Corp. met the established SBE subcontracting goal, and has committed 18.00% ($653,664.50) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · BKP Trucking, LLC (SBE, MBE) ($410,907) (hauling) · On Time Construction, Inc. (SBE, MBE) ($182,910) (concrete, masonry) · Carolina Wetland Services, Inc. (SBE, WBE) ($20,677) (landscaping) · Oliver Paving Company (SBE, WBE) ($20,060) (milling) · A1 Precision Fence Company (SBE) ($14,610.50) (fence installation) · Boudreaux’s Iron Shop, Inc. (SBE) ($4,500) (safety rail) Established MBE Goal: 7.00% Committed MBE Goal: 16.35% Sealand Contractors Corp. exceeded the established MBE subcontracting goal, and has committed 16.35% ($593,817) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · BKP Trucking, LLC (SBE, MBE) ($410,907) (hauling) · On Time Construction, Inc. (SBE, MBE) ($182,910) (concrete, masonry) Fiscal Note Funding: Storm Water Community Investment Plan Attachment Map City of Charlotte Page 25 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 Location Map - McAlway-Churchill Storm Drainage Improvements 30. Storm Water Services Revenue Bond Refunding Action: Adopt a resolution and bond order approving the refunding of $31,205,000 of 2006 Storm Water Services revenue bonds. Staff Resource(s): Robert Campbell, Management & Financial Services Jennifer Smith, Engineering & Property Management Explanation § The proposed issuance includes $31,205,000 in refunding bonds to refinance the City’s 2006 storm water revenue bonds. A refunding involves replacing previously issued debt with new debt at today’s lower interest rates. § The savings associated with the refunding is approximately $468,000 per year and the net present value of the savings over the life of the refunded debt service is approximately $7.4 million or 20%. § The bonds are secured through a pledge of the revenues of the Storm Water Program. § The current actions include: - A resolution making certain required findings and directing staff to obtain Local Government Commission approval for the refunding; and - A bond order authorizing the issuance of the revenue bonds under the general trust indenture established for the City’s storm water revenue bond program. § The Local Government Commission is scheduled to review the proposed financing for approval at its meeting on May 3, 2016. Fiscal Note Funding: Storm Water Debt Service Fund Attachment Bond Order and Resolution Bond Order - Charlotte Storm Water 2016 (combines findings and approvals) City of Charlotte Page 26 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 31. Biosolids Treatment Modifications Study Action: Approve a contract with CDM Smith Inc. in the amount of $633,808, for planning, market research, and analysis for biosolids treatment systems improvements. Staff Resource(s): Jackie Jarrell, Charlotte Water Explanation § A Biosolids and Residuals Master Plan (Master Plan) completed in 2013 suggested the need for system improvements and biosolids management within the McAlpine Creek Wastewater Treatment Plant (WWTP). § The Master Plan suggested producing Class A Biosolids, which provides opportunities for additional end-use applications. § The estimated capital costs for implementing this change was approximately $113 million over the next 10 years. § Charlotte Water staff has concluded the need to conduct more research in the reliability and long-term marketability of the Class A product before implementing the recommendation. § The proposed Biosolids Treatment Modifications Study, presented to the City Council Environment Committee on May 18, 2015, will build on the 2013 Master Plan by selecting an appropriate path for system improvements and biosolids management at the McAlpine Creek WWTP. § On October 9, 2015, the City issued a Request for Qualifications (RFQ) for professional engineering services for the Biosolids Treatment Modifications Study, Preliminary Design, and Market Analysis project. In response to the RFQ, the City received six proposals from interested professional service providers. § Charlotte Water staff evaluated the proposals and determined that CDM Smith Inc. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McAlpine Creek WWTP Map City of Charlotte Page 27 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 32. Water & Sewer Extensions/Replacements (Fiscal Year - Contract #3) Action: Award a contract in the amount of $2,722,298.80 to the lowest responsive bidder R.H. Price, Inc. for the new construction or replacement of water and sewer mains throughout the Charlotte Water service area. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Street Main Extensions Program provides services to residential customers within 1,000 feet of an existing water or sewer main. Each extension is provided at the request of the property owner with the only cost to the property owner being the cost of the water or sewer connection. § The Water and Sewer Replacement Program allows replacement of water distribution and sewer collection infrastructure as needed. § For the 2015 calendar year, approximately 24,330 linear feet of water main, 28,420 linear feet of sewer main, 15 water services, and 71 sewer services were installed under all contracts that were current over this timeframe. § Additional contracts will be bid through the current fiscal year to meet responsiveness goals. § Bids are unit price and based on estimated quantities for items needed for this type of work. § On January 21, 2016, the City issued an Invitation to Bid for Water & Sewer Extensions/replacements; two bids were received from interested service providers. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, then the project must be re-advertised. During the re-advertisement, the contract may be awarded to the lowest responsible bidder even if only one bid is received from an interested service provider. - On February 24, 2016, the City re-issued the Invitation to Bid; one bid was received from an interested service provider. § R.H. Price, Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Established SBE Goal: 6% Committed SBE Goal: 6.24% R.H. Price, Inc. exceeded the established subcontracting goal, and has committed 6.24% ($170,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · C and D Utility (SBE) ($130,000) (pipeline installation) · RAM Pavement Services, Inc. (SBE) ($40,000) (paving) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 28 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 33. Wastewater Treatment Plant Pump Parts (Netzsch) Action: A. Approve the purchase of Netzsch pump parts, as authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Approve a unit price contract with Premier Water, LLC for the purchase of Netzsch pump parts for the term of three years. Staff Resource(s): Jackie Jarrell, Charlotte Water Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because compatibility is the overriding consideration and there is only one source of supply. § The City Council must approve purchases made under the sole source exception. Explanation § Within the last 15 years, through various Community Investment Projects, 39 Netzsch progressive cavity pumps have been installed at Charlotte Water’s wastewater treatment plants. Progressive cavity pumps are used to pump solids that are being treated or removed during the treatment process. § Netzsch pumps require repair parts provided by the original equipment manufacturer (OEM) to be compatible with the pump and ensure proper operation and continued reliability. § Repair costs vary by year depending upon the age of equipment, operational requirements, and characteristics of the material being treated. § Premier Water, LLC is identified by the OEM as the sole authorized distributor of Netzsch pump parts for the municipal market in North Carolina. § Annual expenditures under the contract are estimated to be $100,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 29 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 34. Briar Creek Relief Sewer Phase III Construction and Construction Administration Services Action: A. Award a contract in the amount of $15,998,861 to the lowest responsive bidder Sanders Utility Construction Co., Inc. for the construction of the Briar Creek Relief Sewer Phase III project, and B. Approve a professional services contract for $2,389,950 with CDM Smith Inc. for construction administration services. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Briar Creek Relief Sewer is needed to address both wet weather and anticipated growth wastewater flows in the Briar Creek drainage basin. § The overall project extends from the Sugar Creek Wastewater Treatment Plant to near WT Harris Boulevard, over 10 miles long. The overall project cost is approximately $95 million. § In 2000, the City selected CDM Smith Inc. to provide design and construction administration services for the entire Briar Creek Relief Sewer project. CDM Smith Inc. performed preliminary engineering and routing studies for the entire length. § Given the size, the project was divided into phases to be completed over several years. As the studies were completed and phases were ready to begin, CDM Smith Inc. was awarded contracts for design and construction administration of each phase. § Phase III is the final phase that will extend from Country Club Drive to near WT Harris Boulevard, approximately 18,000 feet and crosses approximately 150 properties. Phases I and II were completed in 2010 and 2014, respectively. § The project is anticipated to be complete by summer 2018. § On June 10, 2015, Charlotte Water staff presented the project to the City Council Environment Committee. Action A - Construction Contract § On January 29, 2016, the City issued an Invitation to Bid; seven bids were received from interested service providers. § Sanders Utility Construction Co., Inc. was selected as the lowest responsive, responsible bidder. Action B - Construction Administration Services Contract § The contract provides engineering services for construction administration, construction surveying, and inspection services. § The City issued a Request for Qualifications (RFQ) in 2000 for the entire Briar Creek Relief Sewer project. Staff determined that CDM Smith Inc. was the best qualified firm to meet the City’s needs in response to the RFQ requirements and was awarded the project. § Contracts for Phases I, II, and design for Phase III are approximately $9 million. Charlotte Business INClusion Action A Established SBE Goal: 3.00% Committed SBE Goal: 6.44% Sanders Utility Construction Co., Inc., a City WBE, exceeded the established subcontracting goal, and has committed 6.44% ($1,030,282) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Jim Bob’s Grading & Paving (SBE) ($475,556) (paving) · B & B Concrete of Charlotte (SBE) ($180,000) (curb & gutter) City of Charlotte Page 30 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 · Sanders Constructors (SBE) ($135,000) (clearing & grubbing) · Martin Landscaping Co., Inc. (SBE, WBE) ($100,525) (landscaping) · All Points Trucking (SBE, WBE) ($90,000) (hauling) · P & TL, Inc. (SBE) ($33,000) (erosion control) · Miriam Davis Cleaning, LLC (SBE, MBE) ($13,000) (office janitorial) · Fast Signs (SBE) ($3,200) (sign making services) Action B The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). CDM Smith has committed 18.73% ($447,635) of the contract amount to the following certified firms: · Barry D. Davis Surveying, PLLC (SBE) ($384,635) (surveying) · Gavel & Dorn Engineering, PLLC (SBE) ($63,000) (materials testing services) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Briar Creek Ph 3 Map City of Charlotte Page 31 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 35. Architectural Services for the Zone 3 Facility Contract Amendment Action: Approve contract amendment #1 for $130,000 to the Unspecified Services Contract with C Design, Inc. for Architectural Services for the Zone 3 Facility Construction project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Architecture firm of C Design, Inc. was hired to provide Architectural Services for the design and construction of Charlotte Water’s permanent Zone 3 facility for the Field Operations Division. Design of the Zone 3 facility (the “Project”) was completed in the spring of 2014. This contract was less than $100,000, and therefore, approved by the City Manager’s Office. § The Project is located in south Charlotte at the McAlpine Creek Wastewater Treatment Plant. Staff at this facility provides maintenance to Charlotte Water’s infrastructure throughout the southern portion of Mecklenburg County. § The City’s contract with C Design, Inc. provides for the continuation of construction administration services and an allowance for additional coordination and dispute resolution as needed. Morlando’s voluntary abandonment of the Project reduces the risk of a dispute or litigation over the termination, but additional funds are requested to extend the Architect’s contract until such time as the Project can be completed. § On May 12, 2014, City Council approved a $5,029,033 contract with Morlando Construction to build the Project. The contract required completion by November 2015. The contractor fell behind schedule and struggled to adequately staff the Project, correct deficient work, and make satisfactory progress. § Several subcontractors filed claims against the Payment Bond with Morlando’s surety, The Guarantee Company of North America USA (the “Surety”). § Numerous construction issues and contractor delays have caused C Design, Inc. to spend considerably more time in construction administration than initially anticipated. § On November 11, 2015, the City began to assess liquidated damages at $400/day, the contract remedy to partially recover these costs. § On March 17, 2016, the City received notice from Morlando that it was financially unable to complete the Project and was voluntarily abandoning and terminating the contract. Morlando turned the Project over to the Surety to determine the best process for completing the Project. § The Surety is currently evaluating the Project under a reservation of rights. It is anticipated that the Surety will hire a replacement contractor and many of the subcontractors who worked for Morlando to complete the Project. Charlotte Water Staff and the City Attorney’s Office are working with the Surety to define the remaining scope of the Project and establish a revised completion date. § Once details are complete, the parties will execute the necessary documents. City Council will not be required to approve the takeover agreement with the Surety since that is one of the remedies set out in the Performance Bond Morlando posted with the contract. It is estimated that 68% of the Project is complete. § Liquidated damages against Morlando stopped on March 17, 2016, when the contract was terminated, but the City will reserve its right to collect the liquidated damages already assessed in the takeover agreement with the Surety. The completion contractor will be subject to a liquidated damages clause also if it does not complete the Project within the revised schedule. § The total revised contract amount with C Design, Inc. will be $205,000; $75,000 for the original contract, and $130,000 for contract amendment #1. City of Charlotte Page 32 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 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). C Design, Inc., a City SBE, has committed 6.54% ($8,500) of the total contract amount to the following certified firm: · Urban Design Partners, PLLC (SBE) ($8,500) (construction administration, site work) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Zone 3 Map for RCA 36. Airport Taxiway A Rehabilitation Design Contract Action: A. Approve a contract in the amount of $490,930 with Talbert, Bright & Ellington Inc. for design services for the pavement rehabilitation of Taxiway A, and B. Adopt a budget ordinance appropriating $490,930 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport’s Pavement Management Program has identified Taxiway A for rehabilitation of the concrete pavement to extend the useful life of these surfaces and maintain operational capacity. § This professional services contract will include surveying, geotechnical investigation and engineering, design engineering, construction administration, and construction materials testing. § On April 14, 2014, the City issued a Request for Qualifications for general architectural and engineering services; 14 firms responded with a proposal. § Aviation staff evaluated the proposals and selected Talbert, Bright & Ellington Inc., as the service provider best meeting the City’s needs because of prior experience on similar airfield projects. § The Aviation Department intends to seek a Federal Aviation Administration grant for reimbursement of eligible project costs, up to 75%. Disadvantaged Business Enterprise The City negotiated subcontracting participation after the proposal selection process. Talbert, Bright & Ellington Inc. has committed 6.82% ($33,500) of the total contract amount to the following certified firm: · Accutech Surveying & Mapping LLP (DBE, SBE) ($33,500) (surveying and mapping) Fiscal Note Funding: Aviation Community Investment Plan Attachment Map Budget Ordinance Map of Project Area Budget Ordinance - Airport Taxiway A Rehabilitation Design Contract City of Charlotte Page 33 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 37. Airport Concourse E Phase VIII Design Contract Amendment Action: A. Approve contract amendment #2 in the amount of $197,770 with LS3P Associates LTD for additional design services of Concourse E Phase VIII, and B. Adopt a budget ordinance appropriating $197,770 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation Department has constructed Concourse E in multiple phases to meet the growing demand of the airline partners. Phase I of construction on Concourse E began in 1999. § On February 9, 2015, the City Council awarded a contract with LS3P Associates LTD in the amount of $372,475 for design services of Concourse E Phase VIII, which included space for six new gates, adequate holdrooms, passenger boarding bridges, concessions, and restrooms. § After design was started by LS3P Associates LTD, American Airlines requested four additional gates with holdrooms and support space, bringing the total number of gates to 10 in this phase. § On July 27, 2015, the City Council approved contract amendment #1 in the amount of $472,730 to accommodate the additional design work needed for the additional space. § Contract amendment #2 in the amount of $197,770 includes additional requests from American Airlines to include electric baggage tug chargers, larger preconditioned air conditioning units, passenger boarding bridge foundations, and communications and security enhancements. § The new total value of the contract including the amendment is $1,042,975. Charlotte Business INClusion All additional work involved in this amendment will be performed by LS3P Associates LTD and their existing subcontractor (Part D: Section 6 of the Charlotte Business INClusion Policy). LS3P Associates LTD has committed 10.29% ($20,346.50) of the total contract amendment amount to the following certified firm: · The Wilson Group of Architects, PA (SBE) ($20,346.50) (architectural design and construction contract management) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD041116 - Airport Concourse E Phase VIII Design Contract Amendment City of Charlotte Page 34 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 38. Aviation Roof Maintenance Services Action: A. Approve unit-price contracts with the following companies for roof repairs for an initial term of three years: - Davco Roofing and Sheet Metal, - Mecklenburg Roofing, and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Jack Christine, Aviation Explanation § The contracts will provide roof repairs to the estimated 4.9 million square feet of all Airport-owned facilities. § Roof maintenance is essential on an ongoing basis to prevent leaking. § On February 12, 2016, the City issued a Request for Proposal (RFP) for Roof Maintenance Services. In response to the RFP, the City received three proposals from interested service providers. § Aviation staff evaluated the proposals and determined that Mecklenburg Roofing and Davco Roofing and Sheet Metal best meets the City’s needs in terms of cost, experience, references, staffing, and responsiveness to RFP requirements. § Awarding contracts to two service providers supports Aviation’s objective of having multiple roof repair sources available to ensure responsive service in a primary and alternate fashion on an as-needed basis. § The companies will be paid the unit prices set forth in the contracts, copies of which are available upon request. § Estimated combined expenditures for all contracts are $300,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 35 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 39. Charlotte Pipe & Foundry Airline Hangar License Action: A. Approve a 10-year license with Charlotte Pipe & Foundry for corporate hangar facilities, and B. Authorize the City Manager to execute two additional, five-year renewal options. Staff Resource(s): Brent Cagle, Aviation Explanation § Charlotte Pipe & Foundry entered into a corporate aviation agreement in 1981. § Charlotte Pipe & Foundry desires to continue occupying 13,200 square feet of hangar and office space at Charlotte Douglas International Airport. § For the first five years of the agreement, the annual rent will be $49,109.28, which includes Facility Rent (based on amortized value), Airport Service Fees, and Ground Rent. § For years 5 through 10 (and additional renewal options), the rent will be based on fair market rent to be determined by an appraisal. Background § The Charlotte Douglas International Airport contracts with Wilson Air Center to provide for private and corporate aviation customers. § The executive terminal includes 23 corporate and private hangars. § The corporate and private hangars are 100% funded by leases and charges. Fiscal Note Revenue from this license will be deposited into the Aviation Operating Fund City of Charlotte Page 36 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 40. Airport Distributed Antenna System Contract Amendment Action: Approve contract amendment #1 for $276,955.37 to DPJJ, LLC d/b/a Wireless Services for additional maintenance and monitoring services for the Distributed Antenna System. Staff Resource(s): Brent Cagle, Aviation Explanation § The City selected Wireless Services to install, operate, and maintain a Distributed Antenna System (DAS) in the Airport terminal building through a Request for Proposals issued in 2010. § The DAS consists of a network of antennas installed throughout the terminal connected to a common source by fiber-optic cabling that provides consistent cellular service throughout the building. § On May 12, 2012, the City Council subsequently awarded license agreements to AT&T, Sprint, and Verizon Wireless for use of the DAS. They also approved the maintenance and monitoring agreement with Wireless Services. § Under the terms of the maintenance and monitoring agreement, the City agreed to pay Wireless Services an annual fee of $10,500 per carrier with 3% annual escalators. The agreement was a five-year term with a five-year renewal option at the City’s election. § In 2015, the Airport improved the DAS as follows: - The DAS was expanded to additional areas in the terminal building and the recently constructed Hourly Parking Deck and Consolidated Rental Car Facility; and - T-Mobile elected to join the system alongside AT&T, Sprint, and Verizon Wireless. § Contract amendment #1 in the amount of $276,955.37 will increase the fee payable to Wireless Services under the maintenance and monitoring agreement to cover the additional scope created by the expansion of the DAS and the addition of T-Mobile. § The City will recover maintenance and monitoring fees paid to Wireless Services from AT&T, Sprint, Verizon Wireless, and T-Mobile under their license agreements. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 37 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 41. Citywide Janitorial Services Action: Approve unit price contracts with the following companies for janitorial services for a term of three years: - The Budd Group, Inc.; - GCA Services Group of North Carolina, Inc.; - Green’s Commercial Cleaning, Inc.; - ISS Facility Services, Inc.; - Mops & Paws; and - Paramount Service Solutions, LLC. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § The City requires janitorial services at over 50 facilities from the following departments: - CATS; - Transportation; - Charlotte Water; - Engineering & Property Management; - Fire; - Management & Financial Services; - Neighborhood & Business Services; - Police; and - Solid Waste Services. § On October 26, 2015, the City issued a Request for Proposals (RFP) for Janitorial Services. In response to the RFP, the City received 28 proposals from interested service providers. § The Project Team, consisting of staff from CATS, Transportation, Charlotte Water, Engineering & Property Management, Fire, Management & Financial Services, Neighborhood & Business Services, Police, and Solid Waste Services evaluated the proposals and determined that the following service providers best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements: - The Budd Group, Inc.; - GCA Services Group of North Carolina, Inc.; - Green’s Commercial Cleaning, Inc. (MBE, SBE); - ISS Facility Services, Inc.; - Mops & Paws (SBE); and - Paramount Service Solutions, LLC § Additional facilities may be added should they require janitorial services in the future. § The contracts include all required equipment, materials, paper products, cleaning agents, labor, and supervision to clean each included facility. § Service providers are required to adhere to the City’s environmental purchasing standards for cleaning and paper products. § The companies will be paid unit prices set forth in their contract, copies of which are available upon request. § Estimated annual combined contract expenditures are $1,500,000. This represents a 0.78% overall annual savings across all participating facilities. Charlotte Business INClusion The City negotiated MWSBE participation for direct and subcontracting utilization with multiple service providers after proposal submission (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). On these contracts, the service providers have collectively committed 70.24% ($989,317) of the total estimated annual contract amounts to the following certified firms: City of Charlotte Page 38 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 The Budd Group, Inc. - 56% ($47,000) to: - Latin Labor Staffing (MBE) ($29,000) (staffing) - JAC Janitorial Services LLC (MBE, SBE) ($18,000) (staffing) GCA Services Group of North Carolina, Inc. - 25% ($36,866) to: - Latin Labor Staffing (MBE) ($29,343) (staffing) - Green’s Commercial Cleaning (MBE, SBE) ($7,523) (supplies and equipment) Green’s Commercial Cleaning, Inc. (MBE, SBE) 100% ($754,413) ISS Facility Services, Inc. has committed 35% ($127,184) to: - Absolute Cleaning & Restoration (SBE) ($31,796) (staffing) - ATL&C (SBE) ($31,796) (staffing) - Bucket Mop & Broom (SBE) ($31,796) (staffing) - Abundant Cleaning (MBE, SBE) ($31,796) (staffing) Mops & Paws (SBE) 100% ($11,636) Paramount Service Solutions, LLC has committed 25% ($12,234) to: - Squeaky Completely Clean (MBE, SBE) ($12,234) (staffing) Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 39 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 42. Donation of Surplus Computers and Related Equipment to Goodwill Industries Action: Adopt a resolution approving the donation of surplus computers and related equipment to Goodwill Industries of the Southern Piedmont. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § On April 11, 2011, the City Council approved a partnership with Goodwill Industries for the management of surplus electronic disposal. § Since initiation of the partnership, City-donated electronics have directly impacted the community by: - Making refurbished electronics, such as computers and laptops available at discount pricing; - Creating opportunities for 1,551 hours of on-the-job training; and - Making available employment opportunities in Goodwill Industries electronic recycling and refurbishing operations. § North Carolina General Statute §160A-280 authorizes the donation of personal property from a City to another governmental unit upon adoption of a resolution by the City Council. A list of surplus computers and related electronic equipment will be created for each donation cycle and brought to the City Council for review and approval. § Throughout the year, donations will be made as surplus equipment accumulates. § All computers with hard drives are securely cleaned of data by the City information technology staff prior to being transported to the City’s Asset & Disposal facility. Attachment Donation List Resolution 20160411 - Exhibit - A - Goodwill donation 20160411 - Goodwill Donation - resolution City of Charlotte Page 40 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 43. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $24,372.92. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on March 28, 2016, totaled $673,963.46. Attachment List of Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 44. Resolution of Intent to Abandon an Alleyway off of Umstead Street Action: A. Adopt a Resolution of Intent to abandon an Alleyway off of Umstead Street, and B. Set a public hearing for May 9, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § The alleyway off of Umstead Street is located in Council District 1. Attachment Map Resolution CityCouncilROWAbandonmentMap2016_01 Resolution of Intent to Close an alleyway off of Umstead Street City of Charlotte Page 41 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 45. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - February 24, 2016, Budget Workshop - February 29, 2016, Zoning Meeting - March 14, 2016, Business Meeting Staff Resource(s): Stephanie C. Kelly, City Clerk’s Office City of Charlotte Page 42 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 PROPERTY TRANSACTIONS 46. In Rem Remedy: 512 W. 28th Street 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 - 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: (512 W 28th Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (528 W 28th Street) (Neighborhood Profile Area 369). Attachment In Rem Packet for 512 W. 28th Street In Rem Remedy 512 W 28th St.pdf City of Charlotte Page 43 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 47. In Rem Remedy: 6232 Kinghurst 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 - 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: (6232 Kinghurst Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (6232 Kinghurst Drive) (Neighborhood Profile Area 211). Attachment In Rem Packet for 6232 Kinghurst Drive In Rem Remedy 6232 Kinghurst Dr.pdf City of Charlotte Page 44 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 48. In Rem Remedy: 100/102 Mattoon Street 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 - 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: (100/102 Mattoon Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (100/102 Mattoon Street) (Neighborhood Profile Area 382). Attachment In Rem Packet for 100/102 Mattoon Street In Rem Remedy 100-102 Mattoon St.pdf City of Charlotte Page 45 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 49. In Rem Remedy: 2316 Sanders 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 - 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: (2316 Sanders Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2316 Sanders Avenue) (Neighborhood Profile Area 85). Attachment In Rem Packet for 2316 Sanders Avenue In Rem Remedy 2316 Sanders Av.pdf City of Charlotte Page 46 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 50. In Rem Remedy: 3754 Glenwood 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 - 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: (3754 Glenwood Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (3754 Glenwood Drive) (Neighborhood Profile Area 5). Attachment In Rem Packet for 3754 Glenwood Drive In Rem Remedy 3754 Glenwood Dr.pdf City of Charlotte Page 47 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 51. In Rem Remedy: 3421 Mable Hubbard 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 - 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: (3421 Mable Hubbard Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (3421 Mable Hubbard Drive) (Neighborhood Profile Area 88). Attachment In Rem Packet for 3421 Mable Hubbard Drive In Rem Remedy 3421 Mable Hubbard Dr.pdf City of Charlotte Page 48 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 52. Property Transactions - North Tryon Business Corridor, Parcel #14 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #14 Project: North Tryon Business Corridor, Parcel #14 Owner(s): 1514 North Tryon Street, LLC Property Address: 1514 North Tryon Street Total Parcel Area: 57,386 sq. ft. (1.317 acres) Property to be acquired by Easements: 2,402 sq. ft. (.055 ac.) in Sidewalk and Utility Easement, plus 2,829 sq. ft. (.065 ac.) in Temporary Construction Easement, plus 412 sq. ft. (.009 ac.) in Bus Stop Easement, plus 870 sq. ft. (.02 ac.) in Utility Easement Structures/Improvements to be impacted: Concrete slab and walkway Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-011-20 Purchase Price: $45,600 Council District: 1 53. Property Transactions - North Tryon Business Corridor, Parcel #20 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #20 Project: North Tryon Business Corridor, Parcel #20 Owner(s): Richard Kevin Massey and Glenda C. Massey Property Address: 1713-1725 North Tryon Street Total Parcel Area: 62,493 sq. ft. (1.435 acres) Property to be acquired by Fee: 591 sq. ft. (.014 ac.) in Fee Simple Property to be acquired by Easements: 1,345 sq. ft. (.031 ac.) in Storm Drainage Easement, plus 2,652 sq. ft. (.061 ac.) in Sidewalk and Utility Easement, plus 2,021 sq. ft. (.046 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 079-106-07 Purchase Price: $82,400 Council District: 1 City of Charlotte Page 49 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 54. Property Transactions - North Tryon Business Corridor, Parcel #33 and #34 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #33 and #34 Project: North Tryon Business Corridor, Parcel #33 and #34 Owner(s): Donald J. Swofford, L.L.C Property Address: 2100 North Church Street and 2112 North Church Street Total Parcel Area: 52,076 sq. ft. (1.195 acres) Property to be acquired by Fee: 13 sq. ft. in Fee Simple Property to be acquired by Easements: 382 sq. ft. (.009 ac.) in Sidewalk and Utility Easement, plus 1,553 sq. ft. (.036 ac.) in Temporary Construction Easement, plus 3,560 sq. ft. (.082 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: I-2 Tax Code: 079-091-08 and 079-091-09 Purchase Price: $37,875 Council District: 1 55. Property Transactions - North Tryon Business Corridor, Parcel #51 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #51 Project: North Tryon Business Corridor, Parcel #51 Owner(s): JKS Management, LLC Property Address: 2601 North Tryon Street Total Parcel Area: 36,415 sq. ft. (.836 ac.) Property to be acquired by Fee: 6,257 sq. ft. (.144 ac.) in Fee Simple Property to be acquired by Easements: 1,896 sq. ft. (.044 ac.) in Storm Drainage Easement, plus 1,445 sq. ft. (.033 ac.) in Sidewalk and Utility Easement, plus 10,428 sq. ft. (.239 ac.) in Temporary Construction Easement, plus 168 sq. ft. (.004 ac.) in Bus Stop Easement Structures/Improvements to be impacted: Parking spaces, sign, and pole- mounted parking area light Landscaping to be impacted: Trees Zoned: I-2 Use: Commercial Tax Code: 079-088-10 Purchase Price: $758,621 Council District: 1 City of Charlotte Page 50 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 56. Property Transactions - North Tryon Business Corridor, Parcel #52 and 53 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #52 and 53 Project: North Tryon Business Corridor, Parcel #52 and 53 Owner(s): JKS Management, LLC Property Address: 2617 North Tryon Street and 2627 North Tryon Street Total Parcel Area: 13,921 sq. ft. (.320 ac.) Property to be acquired by Fee: 21 sq. ft. in Fee Simple Property to be acquired by Easements: 339 sq. ft. (.008 ac.) in Storm Drainage Easement, plus 1,520 sq. ft. (.035 ac.) in Sidewalk and Utility Easement, plus 2,218 sq. ft. (.051 ac.) in Temporary Construction Easement, plus 33 sq. ft. (.001 ac.) in Utility Easement Structures/Improvements to be impacted: Fence, gate, sign, and light poles Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 079-088-11 and 079-088-12 Purchase Price: $41,379 Council District: 1 57. Property Transactions - North Tryon Business Corridor, Parcel #60 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #60 Project: North Tryon Business Corridor, Parcel #60 Owner(s): First Mount Calvary Baptist Church Property Address: 209 West 28th Street Total Parcel Area: 81,494 sq. ft. (1.871 acres) Property to be acquired by Fee: 2,476 sq. ft. (.057 ac.) in Fee Simple Property to be acquired by Easements: 2,663 sq. ft. (.061 ac.) in Sidewalk and Utility Easement, plus 3,221 sq. ft. (.074 ac.) in Waterline Easement, plus 3,795 sq. ft. (.087 ac.) in Temporary Construction Easement, plus 432 sq. ft. (.01 ac.) in Bus Stop Easement, plus 2,250 sq. ft. (.052 ac.) in Utility Easement Structures/Improvements to be impacted: Fence and parking spaces Landscaping to be impacted: Trees Zoned: R-22MF Use: Multi-family Tax Code: 079-085-03 Purchase Price: $50,000 Council District: 1 City of Charlotte Page 51 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 58. Property Transactions - North Tryon Business Corridor, Parcel #61 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #61 Project: North Tryon Business Corridor, Parcel #61 Owner(s): Maine Investment Group, LLC Property Address: 127 West 28th Street Total Parcel Area: 20,308 sq. ft. (.466 ac.) Property to be acquired by Easements: 4,265 sq. ft. (.098 ac.) in Temporary Construction Easement, plus 61 sq. ft. (.001 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Tax Code: 079-087-06 Purchase Price: $225,000 Council District: 1 59. Property Transactions - Orr Road Extension, Parcel #4 Action: Approve the following Acquisition: Orr Road Extension, Parcel #4 Project: Orr Road Extension, Parcel #4 Owner(s): Katherine M. Wisor Property Address: 300 Dawn Circle Total Parcel Area: 13,678 sq. ft. (.314 ac.) Property to be acquired by Fee: 11,918 sq. ft. (.274 ac.) in Fee Simple Property to be acquired by Easements: 1,000 sq. ft. (.023 ac.) in Temporary Construction Easement, plus 230 sq. ft. (.005 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: R-4 Use: Single-family Residential Tax Code: 089-212-21 Purchase Price: $23,400 Council District: 4 City of Charlotte Page 52 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 60. Property Transactions - Alanhurst / Cherrycrest Storm Water Community Improvement Project, Parcel #38 Action: Approve the following Condemnation: Alanhurst / Cherrycrest Storm Water Community Improvement Project, Parcel #38 Project: Alanhurst / Cherrycrest Storm Water Community Improvement Project, Parcel #38 Program: Flood Control Owner(s): Ricky C. Calhoun and Gioia De Ette Calhoun Property Address: 5743 Cherrycrest Lane Total Parcel Area: 20,789 sq. ft. (.477 ac.) Property to be acquired by Easements: 388.1 sq. ft. (.009 ac.) in Storm Drainage Easement, plus 2,021.5 sq. ft. (.046 ac.) in Temporary Construction Easement, plus 939.7 sq. ft. (.022 ac.) in Existing Drainage Easement To Be Accepted Structures/Improvements to be impacted: Driveway and fence Landscaping to be impacted: Trees and shrubs Zoned: R-5 Use: Single-family Residential Tax Code: 169-161-32 Appraised Value: $675 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 3 61. Property Transactions - North Tryon Business Corridor, Parcel #16 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #16 Project: North Tryon Business Corridor, Parcel #16 Owner(s): Stephen Ernest Lee, Sr. and Diane L. Hoffman Property Address: 1601 North Tryon Street Total Parcel Area: 56,957 sq. ft. (1.308 acres) Property to be acquired by Fee: 649 sq. ft. (.015 ac.) in Fee Simple Property to be acquired by Easements: 449 sq. ft. (.01 ac.) in Storm Drainage Easement, plus 304 sq. ft. (.007 ac.) in Sidewalk and Utility Easement, plus 50 sq. ft. (.001 ac.) in Temporary Construction Easement, plus 2,211 sq. ft. (.051 ac.) in Utility Easement Structures/Improvements to be impacted: Awning Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 079-015-06 Appraised Value: $59,725 Property Owner’s Concerns: The property owner was concerned about the removal of the awning during construction and if they will be responsible for paying for the removal. City’s Response to Property Owner’s Concerns: Staff explained to the property owners they would not incur the cost of the awning removal. Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 City of Charlotte Page 53 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 62. Property Transactions - North Tryon Business Corridor, Parcel #17 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #17 Project: North Tryon Business Corridor, Parcel #17 Owner(s): Stephen Ernest Lee and Diane L. Hoffman Property Address: 1621 North Tryon Street Total Parcel Area: 13,923 sq. ft. (.320 ac.) Property to be acquired by Fee: 991 sq. ft. (.023 ac.) in Fee Simple Property to be acquired by Easements: 619 sq. ft. (.014 ac.) in Storm Drainage Easement, plus 454 sq. ft. (.01 ac.) in Sidewalk and Utility Easement, plus 1,179 sq. ft. (.027 ac.) in Temporary Construction Easement, plus 1,610 sq. ft. (.037 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 079-015-01 Appraised Value: $36,400 Property Owner’s Concerns: The property owner is concerned about the capability of backing out of the business from the impacted driveway, due to the proposed median and driveway elevation. City’s Response to Property Owner’s Concerns: Staff explained that the personal property could be reconfigured in order to allow access to the driveway located at the back of the property. This in turn would allow his clientele to drive straight through instead of needing to back out onto North Tryon. Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 City of Charlotte Page 54 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 63. Property Transactions - North Tryon Business Corridor, Parcel #25 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #25 Project: North Tryon Business Corridor, Parcel #25 Owner(s): WSOC Television, Inc. Property Address: 1901 North Tryon Street Total Parcel Area: 542,980 sq. ft. (12.465 acres) Property to be acquired by Fee: 21,379 sq. ft. (.491 ac.) in Fee Simple Property to be acquired by Easements: 4,398 sq. ft. (.101 ac.) in Storm Drainage Easement, plus 6,090 sq. ft. (.14 ac.) in Sidewalk and Utility Easement, plus 27,204 sq. ft. (.625 ac.) in Temporary Construction Easement, plus 1,408 sq. ft. (.032 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Commercial Tax Code: 079-107-15 Appraised Value: $144,775 Property Owner’s Concerns: The property owner is concerned with the compensation amount that is being offered. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain an appraisal to support their counter offer. 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 55 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 64. Property Transactions - North Tryon Business Corridor, Parcel #26 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #26 Project: North Tryon Business Corridor, Parcel #26 Owner(s): King's Properties of NC, Inc. Property Address: 2000 North Tryon Street Total Parcel Area: 45,039 sq. ft. (1.034 acres) Property to be acquired by Easements: 343 sq. ft. (.008 ac.) in Storm Drainage Easement, plus 270 sq. ft. (.006 ac.) in Sidewalk and Utility Easement, plus 1,041 sq. ft. (.024 ac.) in Temporary Construction Easement, plus 51 sq. ft. (.001 ac.) in Bus Stop Easement, plus 3,777 sq. ft. (.087 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-011-15 Appraised Value: $43,525 Property Owner’s Concerns: The property owner is concerned about access to the property and the impacts to the existing fence during construction. City’s Response to Property Owner’s Concerns: Staff addressed the concerns regarding the fence and agreed to maintain access during construction. 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 56 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 65. Property Transactions - North Tryon Business Corridor, Parcels #28 and 29 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcels #28 and 29 Project: North Tryon Business Corridor, Parcels #28 and 29 Owner(s): Heath Land Company LLC Property Address: 2020 NorthTryon Street Total Parcel Area: 75,011 sq. ft. (1.722 acres) Property to be acquired by Easements: 790 sq. ft. (.018 ac.) in Temporary Construction Easement, plus 1,180 sq. ft. (.027 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-011-14, 083-011-13 Appraised Value: $9,950 Property Owner’s Concerns: The property owner is concerned that construction activities will hinder his ability to lease the property and the impact to building setbacks. City’s Response to Property Owner’s Concerns: Staff explained that the building setbacks would not change since fee simple is not being acquired. 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 57 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 66. Property Transactions - North Tryon Business Corridor, Parcel #32 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #32 Project: North Tryon Business Corridor, Parcel #32 Owner(s): Tryon Street Properties, LLC Property Address: 2130 North Tryon Street Total Parcel Area: 159,918 sq. ft. (3.671 acres) Property to be acquired by Easements: 472 sq. ft. (.011 ac.) in Sidewalk and Utility Easement, plus 9,558 sq. ft. (.219 ac.) in Temporary Construction Easement, plus 90 sq. ft. (.002 ac.) in Utility Easement Structures/Improvements to be impacted: Flag Pole Landscaping to be impacted: Trees and various plantings Zoned: I-2 Use: Commercial Tax Code: 083-011-11 Appraised Value: $36,275 Property Owner’s Counteroffer: $80,352 Property Owner’s Concerns: The property owner is concerned about the compensation amount being offered and the impacts to the existing electric fence during construction. City’s Response to Property Owner’s Concerns: Staff addressed the concerns regarding the fence and informed the property owner that they could obtain an appraisal to support their counter offer. 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 67. Property Transactions - North Tryon Business Corridor, Parcel #35 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #35 Project: North Tryon Business Corridor, Parcel #35 Owner(s): Charles F. Helms and Delana R. Helms Property Address: 2220 North Tryon Street Total Parcel Area: 151,173 sq. ft. (3.470 acres) Property to be acquired by Easements: 1,012 sq. ft. (.023 ac.) in Sidewalk and Utility Easement, plus 9,321 sq. ft. (.214 ac.) in Temporary Construction Easement, plus 110 sq. ft. (.003 ac.) in Utility Easement Structures/Improvements to be impacted: Business Sign Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Commercial Tax Code: 083-011-10 Appraised Value: $37,125 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 City of Charlotte Page 58 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 68. Property Transactions - North Tryon Business Corridor, Parcel #39 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #39 Project: North Tryon Business Corridor, Parcel #39 Owner(s): Nu & Minh, Inc. Property Address: 2400 North Tryon Street Total Parcel Area: 17,804 sq. ft. (.409 ac.) Property to be acquired by Easements: 199 sq. ft. (.005 ac.) in Sidewalk and Utility Easement, plus 180 sq. ft. (.004 ac.) in Temporary Construction Easement, plus 1,457 sq. ft. (.033 ac.) in Utility Easement Structures/Improvements to be impacted: Driveway Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-025-04 Appraised Value: $13,000 Property Owner’s Concerns: The property owner has requested additional time to review and respond with a counter offer. City’s Response to Property Owner’s Concerns: Staff explained that due to the project schedule, we are unable to meet their request. 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 59 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 69. Property Transactions - North Tryon Business Corridor, Parcel #42 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #42 Project: North Tryon Business Corridor, Parcel #42 Owner(s): Gilbert Allen Heath, William White Heath, and Harriet Heath Ferguson Property Address: 2408 North Tryon Street Total Parcel Area: 9,000 sq. ft. (.207 ac.) Property to be acquired by Easements: 73 sq. ft. (.002 ac.) in Sidewalk and Utility Easement, plus 121 sq. ft. (.003 ac.) in Temporary Construction Easement, plus 560 sq. ft. (.013 ac.) in Utility Easement Structures/Improvements to be impacted: Asphalt pavement Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-025-03 Appraised Value: $3,025 Property Owner’s Concerns: The property owner is concerned that construction activities will hinder his ability to lease the property and the compensation amount being offered. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain an appraisal to support their counter offer. 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 60 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 70. Property Transactions - North Tryon Business Corridor, Parcel #50 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #50 Project: North Tryon Business Corridor, Parcel #50 Owner(s): Quiktrip Corporation Property Address: 110 Matheson Avenue Total Parcel Area: 153,222 sq. ft. (3.517 acres) Property to be acquired by Easements: 2,377 sq. ft. (.055 ac.) in Sidewalk and Utility Easement, plus 3,583 sq. ft. (.082 ac.) in Temporary Construction Easement, plus 113 sq. ft. (.003 ac.) in Bus Stop Easement, plus 5,695 sq. ft. (.131 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-023-07 Appraised Value: $60,650 Property Owner’s Concerns: The property owner is concerned about the location of the proposed business sign and coordinating their site development with the project's construction. City’s Response to Property Owner’s Concerns: Staff is currently working with the property owners to coordinate construction activities. 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 61 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 71. Property Transactions - North Tryon Business Corridor, Parcel #67 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #67 Project: North Tryon Business Corridor, Parcel #67 Owner(s): Reza Shirzad and Frouzan Shirzad Property Address: 117 West 29th Street Total Parcel Area: 40,511 sq. ft. (.930 ac.) Property to be acquired by Fee: 4,707 sq. ft. (.108 ac.) in Fee Simple Property to be acquired by Easements: 4,083 sq. ft. (.094 ac.) in Storm Drainage Easement, plus 3,537 sq. ft. (.081 ac.) in Sidewalk and Utility Easement, plus 3,953 sq. ft. (.091 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Fence Landscaping to be impacted: Natural vegetation/trees Zoned: I-2 Use: Industrial Tax Code: 079-088-06 Appraised Value: $37,600 Property Owner’s Concerns: The property owner is concerned about maintaining access to the business during and after construction and is concerned with the compensation amount that is being offered. City’s Response to Property Owner’s Concerns: Staff explained that access to the business will be maintained during and after construction and informed the property owner that they could obtain an appraisal to support their counter offer. 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 72. Property Transactions - Upper Little Sugar Creek Sewer Replacement-Phase 1, Parcel #15 Action: Approve the following Condemnation: Upper Little Sugar Creek Sewer Replacement-Phase 1, Parcel #15 Project: Upper Little Sugar Creek Sewer Replacement-Phase 1, Parcel #15 Owner(s): William Edward Miller and Marion Andrae Miller Property Address: 525 Burroughs Street Total Parcel Area: 9,750 sq. ft. (.224 ac.) Property to be acquired by Easements: 1,301.89 sq. ft. (.03 ac.) in Sanitary Sewer Easement, plus 1,301.89 sq. ft. (.03 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Tax Code: 089-102-36 Appraised Value: $1,250 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 City of Charlotte Page 62 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 73. 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 63 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 74. 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 64 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 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 65 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 75. 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 66 Printed on 4/6/2016 City Council Business Meeting Meeting Agenda April 11, 2016 Adjournment City of Charlotte Page 67 Printed on 4/6/2016