City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, April 25, 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 25, 2016 CITY COUNCIL MEETING Monday, April 25, 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 35 Enterprise Human Resources Management System Software Upgrade 40 Property Transactions - North Tryon Business Corridor, Parcel #26 41 Property Transactions - North Tryon Business Corridor, Parcel #13 42 Property Transactions - North Tryon Business Corridor, Parcel #16 43 Property Transactions - North Tryon Business Corridor, Parcel #17 44 Property Transactions - North Tryon Business Corridor, Parcel #67 City of Charlotte Page 2 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER 1. Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. Train Horn Noise Mitigation Staff Resource(s): Debbie Smith, Transportation Time: 30 minutes Explanation § The Charlotte Department of Transportation will provide a briefing on community concerns related to train horn noise, including alternatives for consideration. § There are three freight rail companies that operate in Charlotte: 1) Aberdeen Carolina and Western Railway, 2) CSX, and 3) Norfolk-Southern. - These companies are regulated by the Federal Rail Administration. - Charlotte has more than 160 public rail crossings. These are the places where a street and railroad intersect and conflicts between the train, vehicles, pedestrians or bicyclists may occur. § The Federal Rail Administration requires that trains must sound a horn prior to crossing a roadway. Future Action The presentation is for information only. 3. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 3 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 4. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(3) to go into closed session to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to an attorney concerning the handling or settlement of claims or administrative procedures. City of Charlotte Page 4 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance 6:30 P.M. CITIZENS’ FORUM City of Charlotte Page 5 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 5. Consent agenda items 20 through 44 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 6 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 PUBLIC HEARING City of Charlotte Page 7 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 6. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: Continue a public hearing to close a portion of Greenwood Cliff to May 23, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § City Council voted to continue this public hearing at its Council Business Meeting on November 23, 2015. § There are three primary actions necessary for the Pearl Park Project to move forward: - Approval of a proposed Text Amendment, accomplished on February 15, 2016; - Decision on the Pearl Park Way Extension Tax Increment Grant (May 23, 2016); and - Closing of a portion of Greenwood Cliff (May 23, 2016). § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Alan Mayfield - Notified/no response Mr. James Keenan - Has concerns that the proposed project design not adversely impact remaining City of Charlotte Page 8 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working to resolve. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/ no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 9 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 7. Public Hearing on the Annual Action Plan for Housing and Community Development (Fiscal Year 2017) Action: Hold a public hearing on the proposed Fiscal Year 2017 Annual Action Plan for Housing and Community Development. Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Warren Wooten, Neighborhood & Business Services Policy § The U.S. Department of Housing and Urban Development (HUD) mandates the development of an Annual Action Plan (Plan) to receive federal funding for housing and community development activities. § The Fiscal Year 2017 Plan for Housing and Community Development is the City’s strategy for the use of federal funds in providing housing and community development activities. § The Plan supports the City’s housing policy to preserve existing housing, expand the supply of low and moderate-income housing and support family self-sufficiency. Specific examples of this support include: - Creating housing diversity through the provision of down payment assistance and new rental unit construction; - Supporting aging in place through the rehabilitation of existing housing; and - Funding homelessness reduction and prevention efforts in accordance to the City’s Ten-Year Plan to End and Prevent Homelessness. Explanation § The Plan includes housing and community development needs and resources for the City and Regional Housing Consortium. § The Regional Housing Consortium is a partnership among the City, Mecklenburg County, and the towns of Cornelius, Pineville, Matthews, Mint Hill, Huntersville, and Davidson. § In Fiscal Year 2017 the City expects to receive a total of $10,283,239 in federal funding allocation for the following: - Community Development Block Grant (CDBG), $5,351,235 - HOME Investment and Partnerships (HOME), $2,299,536 - Emergency Solution Grants, $466,608 - Housing Opportunity for Persons with AIDS (HOPWA), $2,165,860 § The final budget is expected to be determined in the next 60-90 days. If any of the anticipated funding amounts change, City Council would not be required to hold another public hearing or amend the approved Plan. The changes would be handled through an administrative update by Housing Services staff. Community Input § On February 10 and February 16, 2016, Neighborhood & Business Services staff convened public forums to receive input for the development of the Plan. § A copy of the draft Plan was placed in several libraries throughout the City, as well as at the Charlotte Housing Authority Office and Old City Hall. City Council Input § On March 2, 2016, the Housing and Neighborhood Development Committee was briefed on the Plan and voted unanimously to proceed to a public hearing. (Mayfield, Autry, Austin, Driggs; Kinsey was not present.) City of Charlotte Page 10 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 Next Steps § City Council will be asked to approve the Plan at their meeting on May 9, 2016. § The Plan will be submitted to HUD on or before May 15, 2016. Fiscal Note Funding: HUD City of Charlotte Page 11 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 8. Bank of America Stadium Agreement Amendment and Convention Center Refundings Action: A. Approve an amendment to the agreement between the City and Panthers Stadium, LLC (September 9, 2013) extending the rent-free use period for City events at Bank of America Stadium from June 30 to September 7 each year through 2022, and moving up the payment date of the final installment of the City’s contribution for stadium improvements from December 1, 2017, to December 1, 2016, B. Hold a public hearing on the financing of the final installment of the City’s contribution for improvements to Bank of America Stadium, C. Adopt a resolution approving the financing of $23,500,000 in Certificates of Participation to pay the final installment of the City’s contribution for stadium improvements and renovations, and D. Adopt a resolution approving refunding of $19,490,000 of 2003B Convention Center variable rate COPS and $19,160,000 of 2005C Convention Center fixed rate COPS. Staff Resource(s): Ron Kimble, City Manager’s Office Randy Harrington, Management & Financial Services Robert Campbell, Management & Financial Services Explanation Actions A, B and C § Staff seeks City Council approval for an amendment to the 2013 agreement with the Panthers Stadium, LLC (Panthers), which advances the Phase III project funding date and extends the rent-free use day period. § On April 22, 2013, the City Council authorized a contract with the Panthers to fund $75 million in improvements to Bank of America Stadium as part of a 10-year partnership. The contract agreement was signed on September 9, 2013. - The agreement provided for the City’s contribution to be made in three installments: December 1, 2013, December 1, 2015, and December 1, 2017. - Under the agreement the City has the right to have four rent-free events at the Stadium each year during the period from January 15 to June 30, plus the Belk Bowl. - The Panthers have been completing more Stadium improvements than the $37.5 million required in the original agreement. Upon completion of the project in 2017, the Panthers will have invested $102 million in the Stadium, almost triple the original agreement amount. § Under the existing partnership, the City has the right to have four rent-free events at the Stadium each year during the period from January 15 to June 30, plus the Belk Bowl. The City desires to extend (by agreement as opposed to current practice) the rent-free use time period each year to allow greater flexibility in bringing international soccer games, college football games, and other revenue generating events to Charlotte. § As a result, Panthers have offered to extend the end date of the City’s rent-free period from June 30 to September 7 each year through 2022, in exchange for the City moving up the December 1, 2017, installment payment to December 1, 2016. All other parts of the original agreement, including the tether provisions, remain unchanged. § The amended agreement offers several benefits for the City, including: City of Charlotte Page 12 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 - Moving up the final installment locks in an interest rate that is likely to be lower in 2016 than in 2017. - Moving up the final installment will save issuance costs to the City because the financing that will fund it can be issued in connection with refunding of the Convention Center financing. - Moving up the last installment of $23.5 million will allow early completion of the remaining City-funded improvements, which includes renovation of the Level 100 concourse for a better fan experience. § The public hearing is required for financing the final installment payment on the City’s contribution for the Stadium improvements. Action D § The City Council is also asked to authorize refunding the 2003B COPS and 2005C COPS originally issued to fund Convention Center projects. This action will provide the following benefits: - Save the City approximately $5.3 million, and - Allow the City to take advantage of current low interest rates, while reducing the risk of interest rate increases associated with variable rates. § Debt service will be paid from existing tourism related revenues. § Adoption of a resolution is required making certain required findings and directing staff to obtain Local Government Commission approval for the financing and refundings. § The Local Government Commission is scheduled to review the proposed financing for approval at its meeting on May 3, 2016. Fiscal Note Funding: Convention Center Debt Service Fund Attachment Contract Amendment Exhibit 2.1: Improvements Resolution First Amendement to City Agreement 040516 Exhibit 2 1 - Improvements revised 040516 Approving Resolution - Charlotte 2016 COPs (Refunding_Stadium) City of Charlotte Page 13 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 POLICY 9. City Manager’s Report City of Charlotte Page 14 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 10. Housing Trust Fund Development Recommendations (Fiscal Year 2016) Action: Approve the Housing & Neighborhood Development Committee recommendation of Housing Trust Fund allocations for the following Multi-family Tax Credit developments for a total of $10,297,000 to: A. Baxter Street, $1,450,000, B. Catawba II, $585,000, C. Cedarwood, $1,320,000, D. Magnolia Garden, $1,400,000, E. Tuckaseegee Senior, $2,392,000, and F. Weddington Road Apartments, $3,150,000. Committee Chair: LaWana Mayfield Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Zelleka Biermann, Neighborhood & Business Services Explanation § On November 26, 2001, City Council established a Housing Trust Fund (HTF) to provide financing for affordable housing in the Charlotte community. § On April 27, 2015, the City Council adopted the U. S. Department of Housing and Urban Development’s Annual Action Plan (Plan). The Plan: - Identifies the need for affordable, safe, and decent housing for low and moderate-income families; and - Reaffirms three basic goals of the City’s Housing Policy: § Preserve the existing housing stock, § Expand the supply of affordable housing, and § Support family self-sufficiency initiatives. § For Fiscal Year 2016, developers requested HTF dollars for six developments to support their North Carolina Housing Tax Credit Applications for proposed rental multi-family housing developments. § All six developments meet the City’s submission requirements and are recommended for funding based on the preliminary site scores issued by the North Carolina Housing Finance Agency (NCHFA), compliance with the Housing Locational Policy, and zoning and planning guidelines. § Award of HTF allocations demonstrates local alignment with state supported developments and allows for local leveraging of tax credit awards. § The NCHFA is scheduled to announce tax credit awards in August 2016. § Due to the competitiveness and limited amount of available tax credits, and the NCHFA’s desire to disperse awards throughout the entire state, NCHFA will not award tax credits to all of the recommended developments. Approved HTF funding for those developments that do not receive a tax credit award will be returned to the HTF for future allocations. Housing & Neighborhood Development Committee Discussion § On April 6, 2016, Neighborhood & Business Services staff presented the proposed 2016 Housing Trust Fund recommendations to the Housing & Neighborhood Development Committee. The Committee, with the exception of Council member Kinsey who was absent, voted as follows: - Unanimously to approve Housing Trust Fund allocations for the Baxter, Catawba II, Magnolia, and Tuckaseegee developments. (Austin, Autry, Driggs and Mayfield voted yes). - Three to one to approve a Housing Trust Fund allocation for the Weddington Road development (Austin, Autry and Mayfield voted yes; Driggs voted no). City of Charlotte Page 15 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 - Unanimously to deny a Housing Trust Fund allocation for the Cedarwood development (Austin, Autry, Driggs and Mayfield voted no). City Council Discussion § On April 11, 2016, Neighborhood & Business Services staff provided a briefing of the Fiscal Year 2016 Housing Trust Fund recommendations to the Mayor and Council during their dinner meeting. Charlotte Business INClusion All borrowers of Housing Trust Fund are subject to an MWSBE goal determined by the amount of the Housing Trust Fund financing awarded. Proposed developments will include MWSBE goals. Fiscal Note Funding: Housing Diversity Community Investment Plan Attachment April 11 Dinner Briefing Presentation to the City Council 2016 HTF Recommendations Dinner Briefing Presentation from April 11, 2016 11. Amend the 2016 City Council and Budget Meeting Schedule Action: Approve amendments to the 2016 City Council and Budget Meeting Schedule. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § North Carolina General Statute 143-318.12 requires that the City Clerk maintain on file a schedule of the City Council’s regular meetings and that the approved schedule shall be posted to the City’s Web site. If a schedule is duly adopted and filed, no further notice of regular meetings is necessary. § The following meeting is added to the 2016 Meeting Schedule: - May 5, 2016, 9:00 a.m. to 11:00 a.m.: Tour of the North End Smart District with Congresswoman Adams. Mayor and Council will meet in the lobby of Charlotte-Mecklenburg Government Center to the board bus. Attachment Amended 2016 City Council Meeting Schedule 2016 Council and Budget Mtg Calendar_v13(4).pdf City of Charlotte Page 16 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 BUSINESS City of Charlotte Page 17 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 12. Sale of 11.4 Acres of the Former Eastland Mall Site to The Charlotte-Mecklenburg Board of Education Action: A. Approve the sale of 11.4 acres of the former Eastland Mall site to The Charlotte-Mecklenburg Board of Education for $650,000, B. Authorize the City Manager to negotiate and execute all documents necessary to complete the sale of the property, and C. Adopt a budget ordinance appropriating $650,000 in sale proceeds for the City’s portion of the Hollyfield Drive extension and removal of retaining walls. Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Todd DeLong, Neighborhood & Business Services Tony Korolos, Engineering & Property Management Explanation § A new K-8 school was approved as part of the November 2013 school bond referendum. The new school, which could accommodate approximately 1,000 students, will alleviate crowding at Albemarle Road Elementary and Middle Schools, which are currently at 151% and 125% capacity respectively. § The proposed school provides an opportunity to expand capacity for the Spanish language immersion magnet program. This magnet program will be similar to the dual-language program at Collinswood Language Academy, which was recognized as a School of Excellence in 2016 by the Magnet Schools of America. § The Charlotte-Mecklenburg Board of Education (CMBE) has submitted an offer to purchase 11.4 acres of City-owned land at the former Eastland Mall site (portion of parcel identification number: 103-041-99). The offer includes the following terms: - Purchase price of $650,000. - CMBE will contribute $400,000 for the planning, design, and construction of the Hollyfield Drive extension. The City will reimburse CMBE for the remaining costs of the road improvements. - CMBE will pay to construct a temporary storm water detention area on the City-owned parcel adjacent to the CMBE parcel. The City will provide an easement for use of a designated portion of the former Eastland Mall site until the permanent storm water detention area is completed by the City as site redevelopment continues. CMBE will contribute $80,000 for access to the permanent storm water detention area once completed. This access fee is based on the site’s pro rata share of impervious acreage served by the permanent storm water detention pond. - CMBE will contribute up to $488,300 for demolition and associated work related to removing the retaining walls running along the property boundary. If the scope of the work is greater than originally anticipated, the City will reimburse CMBE for additional costs above the original amount. - CMBE will oversee demolition and associated work related to a separate retaining wall located on City-owned property. The City will reimburse CMBE for the demolition and associated activities, which is estimated to be $51,500. - CMBE will serve as construction manager for the road improvements and retaining wall demolition and grading. - The City and CMBE have agreed upon a site plan complementary to future redevelopment of the surrounding property and consistent with the conceptual redevelopment plan. The City and CMBE will incorporate additional design guidelines and other related documents as part of the sales agreement. City of Charlotte Page 18 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 § In 2015, The Hopkins-McElhannon Group appraised the property on behalf of the City for $1,420,000 and T.B. Harris, Jr. & Associates appraised the property on behalf of CMBE for $638,400. The primary difference between the two reports is due to varying opinions of highest and best use (mixed-use versus institutional). The agreed upon purchase price is closer to the CMBE appraisal due to CMBE’s negotiated contributions to other site improvements. § Through the Mandatory Referral process, the Charlotte-Mecklenburg Planning Committee reviewed the proposed sale of land to CMBE. On October 20, 2015, the Planning Committee voted not to recommend the sale and outlined several concerns in the attached letter dated October 21, 2015. § A rezoning petition (2016-007) was filed to rezone a portion of the property from O-15(CD) and B- 1SCD to R-4 in order to allow for the use of the site for a school. A public hearing on this petition was held on March 21, 2016. City Council will vote on the rezoning petition, item number 13 on tonight’s Business Agenda. Background § The City purchased the approximately 80.4 acre property in August 2012 as an opportunity to aid economic development and neighborhood stabilization in the area. Eastland Mall was demolished in 2013. § Staff continues to use the redevelopment principles created by the Eastland Area Strategies Team (EAST) as a guide for redeveloping the site. One of the five EAST principles calls for civic development on the site, including a school, park, and access to public transportation. § The Eastland Area Plan, adopted by City Council in June 2003, outlines citizens’ concerns about the stability and quality of existing schools in the study area, as well as the need for continued expansion of nearby parks and greenways. § The concept plan for the former Eastland Mall site calls for a pedestrian-oriented mixed-use development pattern consisting of residential and commercial uses, park space with a storm water detention pond, and a K-8 school. § Staff presented the concept plan to City Council during a dinner briefing on October 26, 2015. City Council authorized staff to continue moving forward with the conceptual plan as presented and finalize an agreement with CMBE. Fiscal Note Funding: The attached chart outlines the division of project expenses between CMBE and the City. Attachment Site Plan Map Letter from the Planning Committee Project Expenses Budget Ordinance Eastland K8 Conceptual Site Plan Eastland Mall Map Planning Committee Letter Project Expenses Budget Ordinance for Sale of Eastland City of Charlotte Page 19 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 13. Rezoning Petition 2016-007 Action: Render a decision on petition 2016-007 by City of Charlotte: - From B-1SCD (business shopping center, conditional), O-15(CD)(office, conditional), and MUDD-O(mixed-use development, optional), and - To R4 (single-family residential). Staff Resource(s): Ed McKinney, Planning Explanation § The public hearing on this rezoning petition was held on March 21, 2016. § The property is approximately 12.5 acres located on the east side of Wilora Lake Road between Justin Forest Drive and Hollyfield Drive (City Council District 5 - Autry). § This conventional petition seeks to allow all uses permitted in the R-4 (single-family residential) district. The site is a portion of the former Eastland Mall property. § The City Council deferred the decision on this petition to April 25, as requested by the petitioner, on April 18, 2016. § The Zoning Committee found the proposed land use to be consistent with the Eastland Area Plan. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 6-0 to recommend APPROVAL of this conventional petition. § Staff agrees with the recommendation of the Zoning Committee. Attachment Zoning Committee Recommendation Zoning Committee Statement of Consistency Vicinity Map Locator Map Zoning Committee Recommendation Consistency Statement Vicinity map 2016-007 rezoning map revised3 City of Charlotte Page 20 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 14. Appointment to the Bicycle Advisory Committee Action: Vote on blue paper ballots and return to Clerk at Dinner Briefing. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending December 31, 2017. - Leigh Altman, nominated by Council member Fallon. - Joel Bonasera, nominated by Council members Kinsey and Phipps. - Charles Castle, nominated by Council members Driggs, Eiselt, Mayfield and Smith. - Elizabeth Frere, nominated by Council member Kinsey. - Kevin Kennedy, nominated by Council member Mitchell. - Katherine Lloyd, nominated by Council members Austin, Autry, Lyles and Phipps. - Catherine McLaurin, nominated by Council member Mayfield - Peter Noris, nominated by Council member Fallon. Attachment Bicycle Advisory Committee Applicants 15. Appointment to the Charlotte International Cabinet Action: Vote on blue paper ballots and return to Clerk at Dinner Briefing. 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. - Larken Egleston, nominated by Council member Falllon. - Nalan Karakaya Mulder, nominated by Council members Driggs, Kinsey, Mitchell and Phipps. - Omar Kazzaz, nominated by Council member Eiselt. - Ryan McGill, nominated by Council member Austin. - Regina Owens, nominated by Council members Autry and Mayfield. Attachment Charlotte International Cabinet Applicants City of Charlotte Page 21 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 16. Appointment to the Housing Appeals Board Action: Vote on blue paper ballots and return to Clerk at Dinner Briefing. 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. - Michael McLean, nominated by Council member Mitchell. - Regina Tisdale, nominated by Council members Austin, Fallon and Kinsey. Attachment Housing Appeals Board Applicants 17. Appointments to the Neighborhood Matching Grants Fund Action: Vote on blue paper ballots and return to Clerk at Dinner Briefing. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the Business Representative category for a term beginning April 16, 2016 and ending April 15, 2018. - Laura McClettie, nominated by Council member Mitchell. § One appointment in the Neighborhood Representative category for terms beginning April 16, 2016 and ending April 15, 2018. - Christopher Corcoran, nominated by Council members Driggs, Fallon, Kinsey and Lyles. - James White III, nominated by Council members Mitchell and Phipps. - Syretta Willis, nominated by Council members Austin and Autry. Attachment Neighborhood Matching Grants Applicants City of Charlotte Page 22 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 18. Appointment to the Tree Advisory Commission Action: Vote on blue paper ballots and return to Clerk at Dinner Briefing. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment to a term beginning March 1, 2016, and ending February 28, 2019. - Chris Breedlove, nominated by Council members Fallon and Kinsey. - Rebecca Herron, nominated by Council members Austin, Driggs, Mayfield, Mitchell and Smith. - Michael Hughes, nominated by Council member Autry. Attachment Tree Advisory Commission Applicants 19. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 23 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 CONSENT 20. Small Business Website Services Action: A. Approve a contract for $132,000 with CGR Creative for Small Business Website Services for an initial term of three years, 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 based on the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Holly Eskridge, Neighborhood & Business Services § In May 2011, the City launched CharlotteBusinessResources.com, a web portal that connects businesses with tools, information, and resources needed to start and grow. § The website is a collaborative effort among the City and 21 non-profit and government agencies, including Central Piedmont Community College’s Small Business Center, the Charlotte Chamber, the Charlotte Latin American Chamber, the U.S. Small Business Administration, the Charlotte-Mecklenburg Library, CharlotteWorks, and Ventureprise. § The site provides the following information and tools, including but not limited to: - Contracting opportunities; - A smart search feature and calendar of community business-related events and networking opportunities; - A resource navigator to assist users with finding the ideal business resource; and - An interactive blog and social media presence, including Facebook, Twitter, Instagram, YouTube, and LinkedIn. § Since the launch of the website portal, site visitors have increased steadily, showing a 74% increase in first time visits from calendar years 2014 and 2015. § The contract with CGR Creative will provide ongoing website technical support services, search engine optimization, marketing strategy development and implementation, and social media marketing and implementation. § On February 15, 2016, the City issued a Request for Proposal (RFP) for Small Business Website Services. In response to the RFP, the City received two proposals from interested service providers. § The project team, consisting of staff from Neighborhood & Business Services, CharlotteWorks, and the Business Advisory Committee, evaluated the proposals and determined that CGR Creative best met the City’s needs in terms of qualifications, experience, cost and responsiveness to RFP requirements. § Estimated contract expenditures are $44,000 per year. § While this project is not directly related to recommendations from the Gartner Study, such as the Open Counter project that Land Development is managing, Neighborhood & Business Services staff is serving as a resource for the software development. Additionally, a link from charlottebusinessresources.com to Open Counter will be posted once the project is completed. 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). CGR Creative is a City SBE. Fiscal Note Funding: Neighborhood & Business Services Operating Budget City of Charlotte Page 24 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 21. Charlotte Regional Transportation Planning Organization - Congestion Management Process and Performance Measure Development Action: Approve a contract on behalf of the Charlotte Regional Transportation Planning Organization in the amount of $383,571 with RS&H Architects, Planners and Engineers to update the congestion management process and for the development of performance measures. Staff Resource(s): Robert Cook, Planning Explanation § The City of Charlotte is the lead planning agency for the Charlotte Regional Transportation Planning Organization (CRTPO), the Metropolitan Planning Organization (MPO) for the Charlotte urbanized area. § City staff supports the regional transportation planning process by providing complex, multi-dimensional activities covering a range of transportation planning and engineering needs. § The CRTPO engages in a variety of activities in order to implement federal and state transportation planning requirements. § Federal regulations require MPOs to implement and maintain a congestion management process (CMP).The purpose of the CMP is to identify and apply strategies that will improve transportation system performance and reliability by reducing congestion. Congestion reduction is one of the seven national performance goals outlined in the federal transportation authorization, Moving Ahead for Progress in the 21st Century. § Performance management is also a key component of the recently approved Fixing America’s Surface Transportation Act, requiring MPOs to develop performance measures and targets intended to evaluate and report transportation system performance. § Given the interrelationship of these two important performance-tracking tools used by the MPO, it is critical that there be consistency and coordination among these two efforts, thus the reason we are selecting only one vendor to do both. § Funding is as follows: - Federal Highway Administration (FHWA) grant funds: 80% ($306,856.80), and - CRTPO: 20% ($76,714.20) of which Charlotte’s share will be $46,028.52. Small Professional Services Firm (SPSF) Opportunity For FHWA funded projects, the North Carolina Department of Transportation does not mandate a goal; however, they encourage the use of SPSFs on projects. RS&H has committed 5.00% ($19,178.55) of the total contract amount to the following certified firm: · City Explained (SPSF)($19,178.55)(product development) Fiscal Note Funding: FHWA and CRTPO City of Charlotte Page 25 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 22. Sandy Porter Road/Brown-Grier Road Neighborhood Improvement Projects Action: Approve a contract in an amount not to exceed $415,000 with CALYX Engineers and Consultants, Inc. to provide engineering services for the Sandy Porter Road and Brown-Grier Road projects, part of the Whitehall/Ayrsley Comprehensive Neighborhood Improvement Area. Staff Resource(s): Keith Carpenter, Engineering & Property Management Explanation § These projects were identified in the 2012 Steele Creek Area Plan to improve vehicular capacity and pedestrian safety. § The highest priority issue, based on public involvement in the Whitehall/Ayrsley area, is traffic congestion. Both the Sandy Porter and Brown-Grier projects are targeted at improving and enhancing public safety, transportation choices/mobility for pedestrians, bicycles, and motor vehicles. Currently both roads are two lanes with no bicycle lanes or sidewalks. § The contract with CALYX Engineers and Consultants, Inc. (formerly Mulkey Engineers & Consultants) will include planning phase services for upgrades to two separate roadways in the Whitehall/Ayrsley Comprehensive Neighborhood Improvement Program (CNIP) Area - Sandy Porter Road and Brown-Grier Road. § Planning services totaling $415,000 will include, but are not limited to: - Traffic analysis, - Public information, - Conceptual plans, - Field surveys and mapping. § Both projects were also identified and endorsed in the 2016 Whitehall/Ayrsley CNIP study by focus groups, stakeholders, and area residents as the second and third most important projects in the Whitehall/Ayrsley CNIP Area. § The Whitehall/Ayrsley area is among the largest employment centers in the state, as well as a growing residential area. The road network has not kept up with growth. This project will add lanes to address congestion issues and improve intersection flow, sidewalks for pedestrian safety and connectivity, and bike lanes. § On March 18, 2014, the City issued a Request for Qualifications for Advance Planning for five CNIP areas. In response to the RFQ, the City received six proposals from interested professional service providers. § The Project Team, consisting of City staff from Transportation, Engineering & Property Management, Planning, and Neighborhood & Business Services evaluated the proposals and determined that CALYX Engineers and Consultants, Inc. was the best qualified firm to meet the City’s needs in terms of competence and qualification of professional services. § Upon completion of the planning phase, separate contracts for design phase services for the projects will be presented to the City Council for approval. Background § In November 2014, voters approved a Transportation Bond Referendum for $20 million to begin work on five CNIP areas. § After bond approval and also in November 2014, CALYX Engineers and Consultants, Inc. was given Notice to Proceed on a contract for planning and public involvement in the Whitehall/Ayrsley Area to select improvements to fit within the allocated $30 million CNIP budget. § Based on the results of the advanced planning work, five projects in the Whitehall/Ayrsley CNIP Area were selected for funding for detailed planning, design and construction. City of Charlotte Page 26 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 - CALYX Engineers and Consultants, Inc. will be performing planning/design on the two projects referenced in the Action above. - Two projects are being designed by the City’s Engineering Design Section. - The City is currently selecting a consultant to perform planning and design on one project. The planning contract will be brought to Council later this year. 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). CALYX Engineers and Consultants, Inc. has committed 10.00% ($41,500) of the total contract amount to the following certified firms: · Hinde Engineering Inc. ($15,770) (SBE) (utilities) · AmeriDrill Corporation ($10,126) (SBE) (drilling) · Carolina Wetland Services ($7,096) (SBE, WBE) (environmental) · Capstone Civil Group ($3,154) (SBE, MBE) (drilling) · Brand Equity ($3,030) (SBE) (community engagement) · Youngblood Services ($2,324) (SBE) (traffic control) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Sandy Porter Road _ Brown Grier Road Neighborhood Improvement Projects City of Charlotte Page 27 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 23. Reimbursement and Developer Agreement with Solis Ballantyne Owner, LLC Action: A. Approve a Reimbursement and Developer Agreement between the City of Charlotte and Solis Ballantyne Owner, LLC, and B. Adopt a budget ordinance appropriating a contribution of $107,333 from Solis Ballantyne Owner, LLC to Community House Road Widening - Phase 2 project. Staff Resource(s): Derrel Poole, Engineering & Property Management Explanation § Solis Ballantyne Owner, LLC (Developer) is constructing apartments on property that has frontage on Community House Road and Bryant Farms Road. § The apartment complex frontage falls within the project limits of the Community House Road Widening - Phase 2 project. § Rezoning Petition No. 2014-074 requires the Developer (formerly Terwilliger Pappas Multifamily Partners, LLC) to make improvements to the roads that include turn lanes, curb and gutter, planting strips, sidewalks and street trees. § The City’s project includes widening of the roadways adjacent to the Developer project. The Developer roadway improvements need to conform to the project improvements the City will construct. § To keep disruption, inconvenience and additional construction costs to a minimum, and to reduce traffic impacts to local communities, the Developer has agreed to contribute funding and dedicate needed right-of-way and easement in total value commensurate with their development obligation. This Reimbursement and Developer Agreement will allow the City to construct the developer improvements as part of the overall City project. § On October 26, 2015, City Council awarded a contract in the amount of $2,830,886.11 to Red Clay Industries for the construction of Community House Road Widening - Phase 2 project. § The contract was advertised with the provision of incentive payments because on-time completion of this project is critical to the opening of Solis Ballantyne’s adjoining 194-unit apartment complex and 15,000 square feet of retail. Another priority is completing the project in advance of the 2016- 17 Charlotte-Mecklenburg School calendar year, with Hawk Ridge Elementary, Community House Middle, and Ardrey Kell High School in proximity. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Budget Ordinance Location Map - Reimbursement and Development Agreement with Solis Ballantyne Owner LLC Budget Ordinance for Developer Agreement with Solis Ballantyne City of Charlotte Page 28 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 24. Airport Baggage Tag and Boarding Pass Supplies Action: A. Award a unit price contract to the lowest responsive bidder RR Donnelly and Sons Company for the purchase of baggage tag and boarding pass supplies for the term of one year, and B. Authorize the City Manager to renew the contract up to four additional, one-year terms with possible price adjustments, and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Brent Cagle, Aviation Explanation § On January 12, 2015, the City Council approved an agreement with Air-Transport IT Services, Inc. (AirIT) to implement and provide a common use gate management system at Charlotte Douglas International Airport. § The system allows airlines to share gates and ticket counters using the same equipment. This equipment requires the purchase of specialized paper supplies for baggage tags and boarding passes. § On February 18, 2016, the City issued an Invitation to Bid for baggage tag and boarding pass supplies; five bids were received from interested service providers. § The RR Donnelly and Sons Company was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Staff anticipates renewing the contract for up to four additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual expenditures are $350,000. § These expenses will be reimbursed by the users of the common use gate system. 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: Aviation Operating Budget City of Charlotte Page 29 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 25. Airport Checked Baggage Inline System Spare Parts Action: A. Approve the purchase of Checked Baggage Inline System spare parts as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a unit price contract with Interroll Engineering West, Inc. for the purchase of spare parts used in the Checked Baggage Inline conveyor system for the term of three years, and C. Authorize the City Manager to renew the contract for one additional, three-year term with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source where performance or price competitions are not available. § The City Council must approve purchases made under the sole source exception. Explanation § The Aviation Department maintains the Airport’s Checked Baggage Inline System (CBIS). Interroll Engineering West, Inc. is the manufacturer of the specialized power turns and the merge belts for the system. § The original equipment manufacturer parts are required to maintain performance standards, standardization, and compatibility with existing equipment. § During the CBIS construction project additional specialized belts were installed, which increased the need for spare parts from Interroll Engineering West Inc. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures under the contract are estimated to be $80,000. 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: Aviation Operating Budget City of Charlotte Page 30 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 26. Airport Pavement Management Plan Update Design Services Contract Action: Approve a contract in the amount of $229,769 with W.K. Dickson & Co. Inc. for airfield design services to update the Airport’s Pavement Management Plan. Staff Resource(s): Jack Christine, Aviation Explanation § Aircraft asphalt and concrete pavement have a useful life based on age and the size and number aircraft using the runways, taxiways, and ramp area. Airports analyze the condition of pavement to ensure the safe and efficient operation of the aircraft that use them. § W.K. Dickson & Co. Inc. prepared the initial Pavement Management Plan (PMP) in 2010. At this time, the plan needs to be updated with current data and observations. § The goal is to have a current PMP that includes an updated pavement rehabilitation plan and pavement classification numbers, both of which are now required by the Federal Aviation Administration (FAA). § The FAA has agreed to amend an existing Airport Improvement Program grant to reimburse 75% of the project costs. Disadvantaged Business Enterprise The City negotiated subcontracting participation after the proposal selection process. W.K. Dickson & Co. Inc. has committed 8.01% ($18,400) of the total contract amount to the following certified firm: · On-Spec Engineering, PC (DBE, SBE) ($18,400) (pavement thickness verification) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 31 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 27. Airport Snow Removal Equipment Action: Approve the purchase of snow removal equipment from a cooperative purchasing contract as authorized by G.S. 143-129(e) (3) under the National Joint Powers Alliance (contract # 080114-MBC). Staff Resource(s): Jack Christine, Aviation Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § As the largest airport within a 250 mile radius with Federal Aviation Administration technology to handle aircraft operations in inclement weather, it is critical for the Airport to keep its runways and taxiways operational during winter weather. The Aviation Department maintains snow removal equipment for this purpose. § In order to augment existing snow removal equipment and increase the efficiency of runway and taxiway clearing, the Airport is purchasing a MB North Star single-engine snow blower. This snow blower operates at speeds up to 28 miles per hour and can clear 4,000 tons of snow an hour. The snow blower is on the approved Fiscal Year 2016 Capital Equipment Replacement List. § MB Companies, Inc. has a contract awarded through the National Joint Powers Alliance that offers competitively obtained contracts to public agencies nationwide. § The company will be paid $525,060.25 for the unit. Charlotte Business INClusion This is a cooperative purchasing contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan Fund Attachment Picture of the Snow Blower Northstar2 City of Charlotte Page 32 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 28. Portable Aviation Noise Monitor Lease and Subscription Services Action: Award a contract with Bruel and Kjaer for the lease of portable noise monitors with subscription services for the term of three years. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport’s Noise Compatibility Plan, a part of the Federal Aviation Administration’s approved Part 150 Program, allows the Airport to use portable noise monitors to provide verification of noise levels at various locations around the Airport, including areas outside Airport property. § The portable noise monitors are specialized equipment to capture the decibel readings over a period of time for a specific location. Deploying these monitors and recording the readings is required for the Airport to remain compliant with the Part 150 Noise Compatibility Plan. § The current noise monitors used by the Airport are more than 20 years old, making it more challenging to provide maintenance and support. § The contract with Bruel and Kjaer will provide three portable noise monitors, online data reporting, annual calibration of the equipment, and maintenance and support. § By leasing monitors, Aviation can periodically upgrade and change equipment as technology evolves. § Annual expenditures under the contract are estimated to be $41,250 per year with possible price escalations based on Consumer Price Index and service contract changes. 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 33 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 29. Supplemental Municipal Agreement for Water and Sewer Line Relocations/Adjustments Action: Adopt a resolution authorizing the City Manager to execute a supplemental municipal agreement with the North Carolina Department of Transportation for design and construction of water and sewer line relocations and adjustments in the amount of $227,095.26. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The North Carolina Department of Transportation (NCDOT) requires that the City enter into a municipal agreement (Agreement) for relocation of utility lines within NCDOT roadway projects prior to construction. § The Agreement in the amount of $227,095.26 is for relocation of municipally-owned water and sewer lines, ranging in size from 2-inch through 8-inch, within the NCDOT roadway improvements project along West Catawba Avenue and Interstate-77 (NCDOT Project I4733). § NCDOT encroachment agreements require the City to be financially responsible for costs to relocate City-owned water and sewer lines that reside within NCDOT controlled rights-of-way. § On June 6, 2013, the City Manager’s Office approved the original Agreement in the amount of $91,084. This supplemental Agreement will replace it. § The amount of the original agreement was based on an NCDOT engineer’s estimate in the preliminary phase of the project. § The final costs exceeded the original estimate due to: - Project required additional rehabilitation of existing sewer infrastructure, as a portion of the system was no longer usable. - Site conditions required the installation of temporary valves on the water distribution system to minimize interruptions to local businesses and customers. - There were significant price differences from NCDOT estimates and the actual bid results. § The new total cost is $227,095.26. Charlotte Business INClusion This is an Interlocal Agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Resolution CLTWater_042516_Municipal Agreement for Relocation and Adjustment of Utility Lines _Resolution City of Charlotte Page 34 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 30. Idlewild Road Booster Pumping Station Piping Improvements Construction Contract Change Order #2 Action: Approve change order #2 for $250,000 to Sanders Utility Construction Company, Inc. for additional site improvements at the Idlewild Road Booster Pumping Station Piping Improvements project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Idlewild Booster Pump Station is a potable water booster pump station that is located at the intersection of Idlewild Road and Monroe Road. This pump station increases the water pressure going into the water system pressure zone serving the eastside of Charlotte, Matthews, Mint Hill, and eastern Mecklenburg County. § The property immediately adjacent to the booster pump station is being re-developed by private developers. As a result, there is an opportunity for Charlotte Water to install a new gated-access driveway entrance from Monroe Road for the booster pump station site. - Historically access to this site has been difficult due to road widening projects and increasing traffic. - Change order #2 for $250,000 will provide grading, demolition, and construction of the new driveway, as well as adding retaining walls on the pump station site to allow access from both Monroe Road and Idlewild Road. § On April 13, 2015, the City Council approved the construction contract for piping improvements at the Idlewild Road Booster Pumping Station in the amount of $2,475,430.18 with Sanders Utility Construction Company, Inc. Change order #1, approved in March 2016, extended the timeframe of the project. § The new total contract amount including contract amendments will be $2,725,430.18. § The project has been coordinated with the closing of Idlewild Road for the Independence Boulevard Road widening improvements. § On tonight’s Business Agenda, Consent item number 39 provides for the easements necessary to construct the driveway entrance off of Monroe Road. Charlotte Business INClusion The additional work involved in this change order will be performed by Sanders Utility Construction Company, Inc., a City WBE, and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map CMUD_152903_Idlewild Road Booster Pumping Station Piping Improvements Change Order Number 2(Attachment) City of Charlotte Page 35 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 31. McDowell Creek Wastewater Treatment Plant Monorail Crane and Small Diameter Piping Replacement Action: Award a contract in the amount of $106,000 to the lowest responsive bidder BW Solutions, LLC for the McDowell Creek Wastewater Treatment Plant Dewatering Building Monorail Crane and Small Diameter Piping Replacement project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § McDowell Creek Wastewater Treatment Plant (WWTP) is located in northern Mecklenburg County and has been in operation since 1979. § The monorail crane was installed as an original component of the Dewatering Building constructed in 2003. § The monorail crane is used to perform maintenance and replacement operations on belt filter press machines. Belt filter press machines aid in the separation of liquids from solids in the treatment of wastewater. The process releases concentrated and corrosive hydrogen sulfide gas in the area of the belt filter press machines. § Black & Veatch performed a structural analysis of the monorail crane steel and as a result of that evaluation recommended ceasing monorail crane use and immediately replacing it. § The project provides for replacement of the monorail crane system with a new system constructed of more suitable materials for the working atmosphere. § The project also provides for the replacement of small diameter piping in the Dewatering Building. Piping will be manufactured of materials more suitable to the working atmosphere in the Dewatering Building. § Small diameter piping, from ½-inch to 1½-inch in size, also located in the Dewatering Building, transport chemicals used in the treatment of wastewater. These pipes are experiencing corrosion due to the hydrogen sulfide gas and have reached the end of their useful life. § On March 17, 2016, the City issued an Invitation to Bid for McDowell Creek WWTP - Monorail Crane Replacement; two bids were received from interested service providers. - The North Carolina General Statutes do not require a minimum number of bids for construction contracts under the limits prescribed in General Statute 143-129. § BW Solutions, LLC was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the second quarter of 2016. Background § Charlotte Water hired Black and Veatch in 2014 to perform a study of the McDowell Creek WWTP Dewatering Building. § The Black and Veatch study concluded that the structural steel thickness of the monorail crane and its supports had been reduced by corrosion, such that repairing the steel would not be sufficient to guarantee the safe use of the monorail crane. The company recommended replacement rather than repair. Further, the study concluded that small diameter piping in the Dewatering Building is also corroding and is in jeopardy of leaking. § Black and Veatch’s findings recommended that by increasing the volume of air flow exchanges in the building and minor adjustments to chemical additives injected into the wastewater flow during dewatering would reduce future corrosion caused by hydrogen sulfide. Both the volume of air exchanges in the building and chemical additive adjustments have been completed in the Dewatering Building. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). BW Solutions, LLC is a City SBE. City of Charlotte Page 36 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McDowell_WWTP_ MAP Monorail Replace City of Charlotte Page 37 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 32. Small Diameter Water and Sewer Service Installations (Fiscal Year 2016) Action: A. Award a contract in the amount of $1,999,233.50 to the lowest responsive bidder B.R.S., Inc. for the installation of small diameter water and sewer services, and B. Authorize the City Manager to renew the contract for up to one additional term with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses a third-party contractor for the majority of new residential and commercial water and sewer service installations. Customers pay connection fees for new services, which are based on costs incurred by Charlotte Water in these contracts. - Water service installations extend from the Charlotte Water line to the meter, including a meter box/vault and applicable valves/fittings. - Sewer service installations extend from the Charlotte Water sewer line to just outside the road right-of-way. § Contracts in place prior to receiving service requests provide a shorter response time for service fulfillment. § The majority of the work covered by the contract with B.R.S., Inc. will be for residential water and sewer service installations. Charlotte Water anticipates completing approximately 875 service connections under this contract. § Construction of commercial-sized services is performed under a separate contract. § On February 19, 2016, the City issued an Invitation to Bid for small diameter water and sewer service installations; one bid was received from an interested service provider. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, 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 March 16, 2016, the project was re-advertised; two bids were received from interested service providers. § B.R.S., Inc. was selected as the lowest responsive, responsible bidder. § The contract may be renewed for one term at unit prices based on the Engineering News Record Construction Cost Index. 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: Charlotte Water Community Investment Plan City of Charlotte Page 38 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 33. CATS Bridge Inspection Services Action: A. Approve a unit price contract with WSP/Parsons Brinckerhoff for bridge inspection services for a term of two years, and B. Authorize the City Manager to renew the contract for up to one additional, two-year term and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Allen Smith, CATS Explanation § The Federal Transit Administration requires all LYNX Blue Line bridges to be inspected every two years. § The contract with WSP/Parsons Brinckerhoff will provide services for all required engineering inspections and/or analyses to determine the structural condition of the bridge infrastructure, including: - Bridge structures, - Mechanically Stabilized Earth walls, - Retaining walls, - Floating slabs, and - Preparation of the necessary structural inventory and appraisal forms for submission to CATS. § The firm will also make recommendations for repairs, if needed, and assist in the preparation of bid documents and construction administration. § On February 16, 2016, CATS advertised a Request for Qualifications (RFQ); six proposals were received from interested service providers. § CATS evaluated the proposals and selected WSP/Parson Brinckerhoff as the best qualified service provider. § The estimated cost of this service is $500,000 during the original two-year term. Disadvantage Business Enterprise Established DBE Goal: 7% Committed DBE Goal: 12% Parsons Brinkerhoff Inc. exceeded the established DBE subcontracting goal, and has committed 12% of the estimated total contract amount to the following certified firm: · Simpson Engineers & Associates (DBE)($37,949.19)(civil engineering design services) Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 39 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 34. CATS Bus Engine Parts Action: A. Approve the purchase of Original Equipment Manufacturer bus engine parts as authorized by the sole source purchasing exception of G.S. 143-129 (e)(6), B. Approve unit price contracts for the purchase of Original Equipment Manufacturer bus engine parts with the following vendors: - Rush International Truck Center, - Clarke Power Services, and - North American Bus Industries, and C. Authorize the City Manager to approve up to two additional, one-year renewal terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS 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 standardization or compatibility is the overriding consideration. § The City Council must approve purchases made under the sole source exception. Explanation § CATS Bus Operation Division uses proprietary Original Equipment Manufacturer (OEM) for bus engine parts in the daily maintenance and repair of the CATS’ bus fleet. § The OEM bus engine parts meet the required specification standards to keep the buses in the proper operating condition and to maintain the bus engine warranties. The only source of supply for these bus engine parts is the bus engine manufacturers. § Bus engine parts will be ordered on an as-needed basis. The contract amount is based on prior usage and required inventory stock levels. § These contracts include discount pricing based on the fleet list price, which is available upon request. Prices will hold for the first year of the contract. After the first year, price adjustments will be addressed on a case-by-case basis requiring manufacturer supporting documentation. § By establishing approved contracts with these vendors, CATS anticipates increasing operation efficiencies and decreasing administrative costs. § The Rush Internal Truck Center contract has an estimated annual expenditure in the amount of $85,000. § The Clarke Power Services contract has an estimated annual expenditure in the amount of $650,000. § The North American Bus Industries contract has an estimated annual expenditure in the amount of $35,000. Charlotte Business INClusion These are sole source contracts and are exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). City of Charlotte Page 40 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 41 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 35. Enterprise Human Resources Management System Software Upgrade Action: A. Authorize the City Manager to negotiate and approve a contract with SkyBridge Global in an estimated amount of $2.1 million to provide upgrade services related to the PeopleSoft 9.2 Upgrade, B. Approve the purchase of Oracle Upgrade Lab services from a federal contract as authorized by G.S. 143-129(9a); C. Approve a contract with DLT Solutions, Inc. in an estimated amount of $310,000 for the purchase of Oracle Upgrade Lab services for a term of one year under GSA Schedule GS-35F-4543G, effective November 18, 2012, D. Authorize the City Manager to purchase additional software licenses, services, hosting and hardware as needed to optimize the City’s use of the system, E. Authorize the City Manager to approve price adjustments and amend the contracts consistent with the City’s funding availability, business needs, and the purpose for which the contracts were awarded, and F. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system. .Body Staff Resource(s): Cheryl Brown, Human Resources Jeffrey Stovall, Innovation & Technology Federal Contract Exemption G.S. 143-129(9a) allows local governments to purchase from contracts established by the United States government, including any federal agency, if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the federal contract. Explanation § On June 22, 1998, City Council approved the purchase of PeopleSoft as the Human Resources Management System (HRMS) for the City, which included licenses, implementation, and ongoing maintenance/support for as long as the City continues use of the system. - At implementation, the system provided primary functionality in the areas of payroll and benefits management. - Subsequent functionality, such as job-posting capability was added in 2008. § Support for the current PeopleSoft version ended in September 2014, with the City’s extended support due to expire September 2017. § In addition, the server maintenance has reached end of life. § This project is included in the PAYGO portion of the adopted Fiscal Year 2016 Community Investment Plan. § The contract with SkyBridge Global will provide upgrade services, to include documentation of system requirements, including customizations; retro fit of any City customizations, and training for City personnel on functionality and best business practices of the PeopleSoft 9.2 software. § The contract with DLT Solutions, Inc. will provide services that allow the software upgrade to occur off-site within a beta environment. This allows City staff to focus on hardware configuration and customization activities. § Without a fully-supported version of the HRMS system, the City may encounter the following risks: City of Charlotte Page 42 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 - The potential for a missed payroll production, impacting approximately 7,300 employees (average weekly payroll $8.2 million); - Imposition of fines and penalties for non-conformance with federal and state regulations; and - The inability to process City job postings and the resulting employment applications, in excess of 80,000 annually. § On December 1, 2015, the City issued a Request for Qualifications to vendors with previous upgrade and custom eRecruit experience. In response to the qualification, four proposals were received by interested service providers. § The Project Team, consisting of staff from Human Resources and Innovation & Technology, evaluated the proposals and determined that SkyBridge Global and DLT Solutions best meet the City’s needs in terms of qualifications, experience, cost and responsiveness. § Expenditures for upgrade services provided by SkyBridge Global are estimated to be $2,131,440. Expenditures for the Oracle Lab services provided by DLT Solutions, Inc. are estimated to be $310,000. § Expenditures for additional software licenses, services, hosting, and hardware during the first two years are estimated to be $193,462. 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: General Technology Community Investment Plan City of Charlotte Page 43 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 36. Actuarial Services Action: A. Authorize the City Manager to negotiate and execute a unit price contract with Aon Risk Services South for actuarial services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms. Staff Resource(s): Daniel Pliszka, Management & Financial Services Explanation § Management & Financial Services provides risk management services to the City, County, Board of Education, Charlotte Regional Visitors Authority, and MEDIC. § In order to project costs and to record liabilities in accordance with government accounting standards, Risk Management requires the services of a casualty actuary on an annual basis as internal personnel do not have the skills, background, or training to perform this work. § The service provider will conduct the City’s annual actuarial study examining automobile, general liability, and workers’ compensation loss portfolios for all its customer agencies as well as separate studies for CATS and Medic. § On January 14, 2016, the City issued a Request for Proposals (RFP) for Actuarial Services. In response to the RFP, the City received thirteen proposals from interested service providers. § Management & Financial Services staff evaluated the proposals and determined that Aon Risk Services South best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms with no price increase. § The selection results in an annual savings of approximately $17,000 over the previous actuarial services provider. § Estimated annual contract expenditures are $25,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Risk Management Operating Budget City of Charlotte Page 44 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 37. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $8,143.92 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 April 11, 2016, totaled $9,816.23. Attachment List of Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 38. Meeting Minutes Staff Resource(s): Stephanie Kelly, City Clerk’s Office Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - March 16, 2016, Budget Workshop - March 21, 2016, Zoning Meeting City of Charlotte Page 45 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 PROPERTY TRANSACTIONS 39. Land Transfer to the North Carolina Department of Transportation Action: Approve the transfer of 1,939 square feet (0.04 acre) of right-of-way (parcel tax identification 191-011-01) to the North Carolina Department of Transportation to construct a right turn lane on Monroe Road at the southeast intersection of Monroe Road and Idlewild Road. Staff Resource(s): Tim O’Brien, Engineering & Property Management Rick Grochoske, Transportation Carl Wilson, Charlotte Water Explanation § Commercial development is planned for the property abutting parcel 191-011-01 (The Parcel), located at the intersection of Monroe and Idlewild roads. - The Charlotte Department of Transportation (CDOT) is requiring a right turn lane heading northbound on Monroe Road to reduce traffic congestion at this intersection once the development is complete, which requires the use of The Parcel. § The developer will construct the right turn lane in accordance with the 2011 approved site plan. § Monroe Road is a North Carolina Department of Transportation roadway, and The Parcel would need to be transferred from the City’s ownership to NCDOT’s to incorporate The Parcel into their right of way to allow room for the right turn lane on Monroe Road. - North Carolina General Statute 160A-274 allows for the exchange of government owned property between governmental units if the exchange is deemed sensible. § The Parcel is currently controlled by Charlotte Water as part of the Idlewild Booster Pump Station § In exchange for the right-of-way donation, the developer of the property abutting The Parcel has agreed to: - Donate a similarly-sized parcel (1,132 square feet (0.03 acre) of permanent driveway easement and 3,232 square feet (0.07 acre) of temporary construction easement) to Charlotte Water to allow better driveway access to the pump station from Idlewild Road. Once construction is complete for the right turn lane, there will also be access to the pump station from Monroe Road. § On tonight’s Business Agenda, Consent item number 30 references a change order for the water improvements related to the Idlewild Booster Pump Station project at the intersection of Idlewild and Monroe roads. Attachment Map Land to Transfer to NCDOT City of Charlotte Page 46 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 40. Property Transactions - North Tryon Business Corridor, Parcel #26 Action: Approve the following Acquisition: 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 Purchase Price: $56,500 Council District: 1 41. Property Transactions - North Tryon Business Corridor, Parcel #13 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #13 Project: North Tryon Business Corridor, Parcel #13 Owner(s): James Wier Family, LLC Property Address: 1501 North Tryon Street Total Parcel Area: 47,538 sq. ft. (1.091 acres) Property to be acquired by Easements: 439 sq. ft. (.01 ac.) in Sidewalk and Utility Easement, plus 2,002 sq. ft. (.046 ac.) in Temporary Construction Easement, plus 102 sq. ft. (.002 ac.) in Bus Stop Easement, plus 779 sq. ft. (.018 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: I-2 Use: Industrial Tax Code: 078-115-09 Appraised Value: $37,125 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 47 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 42. 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 48 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 43. 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 49 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 44. 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, Utility and Retaining Wall 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 City of Charlotte Page 50 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 45. 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 51 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 46. 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 52 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 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 53 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 47. 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 54 Printed on 4/25/2016 City Council Business Meeting Meeting Agenda April 25, 2016 Adjournment City of Charlotte Page 55 Printed on 4/25/2016