City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, May 9, 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 May 9, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, 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. Proposed Policy for Sustainable Facilities Committee Chair: John Autry Staff Resource(s): Rob Phocas, Neighborhood & Business Services Time: 30 minutes Explanation § Staff will provide an overview of the proposed Policy for Sustainable Facilities, including a comparison of the current policy to the proposed policy to highlight the changes. In addition, Emily Scofield, Director, U.S. Green Building Council - North Carolina Chapter, will provide an overview of the impact of green building, with particular attention to the Charlotte region. § In 2009, City Council adopted the City’s first Policy for Sustainable Facilities. § A cross-department team has worked for the past two years to revise the policy to ensure the City is best positioned to achieve City Council’s Environment Focus Area Plan goal of Charlotte being a “global leader in environmental sustainability, preserving our natural resources while balancing growth with sound fiscal policy.” § A key pillar of the Focus Area Plan is leading by example in the facilities the City constructs, renovates, and occupies. § The Council’s Environment Committee unanimously recommended the policy to the full City Council for its consideration. Future Action City Council will be asked to consider approval of the Sustainable Facilities Policy at a future Business Meeting. 3. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 2 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 3 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 5:30 P.M. AWARDS AND RECOGNITION 4. Paradies Lagardère Achievements Proclamation Action: Mayor Roberts will read a proclamation recognizing Paradies Lagardère’s achievements as a Charlotte Douglas International Airport retail concessionaire. 5. HMS Host Achievements Proclamation Action: Mayor Roberts will read a proclamation recognizing HMS Host’s achievements as a Charlotte Douglas International Airport food & beverage concessionaire. 6. Realtors Care Day Presentation Action: The Charlotte Regional REALTOR® Association, 2016 Housing Opportunity Foundation, will present on the community service work completed during Realtors Care Day. 7. Small Business Month Proclamation Action: Mayor Roberts will read a proclamation recognizing May as Small Business Month in Charlotte. City of Charlotte Page 4 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 8. Consent agenda items 27 through 62 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 5 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 PUBLIC HEARING City of Charlotte Page 6 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 9. Public Hearing on Preliminary Fiscal Year 2017 Operating Budget and Fiscal Years 2017-2021 Community Investment Plan Action: Receive public comment on the City Manager’s Fiscal Year 2017 Recommended Budget and Fiscal Years 2017-2021 Community Investment Plan. Staff Resource(s): Kim Eagle, Management & Financial Services Explanation § On May 2, 2016, the City Manager presented the recommended Fiscal Year 2017 Operating Budget and Fiscal Years 2017-2021 Community Investment Plan to the City Council. The May 2 recommendation represents the proposed City operating and capital budgets for the next fiscal year, beginning on July 1, 2016. § State law requires the City to hold a public hearing following presentation of the Manager’s Recommended Budget (May 2, 2016) and prior to the City Council adoption of the budget (June 13, 2016). Fiscal Year 2017 Operating and Capital Recommended Budgets Summary § The City Manager’s recommended Fiscal Year 2017 Operating Budget and Fiscal Years 2017-2021 Community Investment Plan focus on the Mayor and Council’s policy priorities and maintaining current services and commitments. § The recommendation calls for a 0.43¢ property tax rate increase to fund public safety enhancements, bringing the total recommended property tax rate to 48.30¢ per $100 valuation. The recommended budget also includes minimal changes to fees that reflect the cost of services. § The proposed budget for the City next year consists of three major components supported by general tax revenues: - A General Fund budget of $636.2 million for Fiscal Year 2017, representing an increase of 5.9% above Fiscal Year 2016, to address the Mayor and Council’s priorities and accommodate the resource needs of a dynamic, growing City; - A $108.6 million Municipal Debt Service Fund, decreasing 0.6% due to lower bond interest costs and debt issuance expense, supporting long-term capital investments as outlined in a revised General Community Investment Plan; and - A $906.2 million General Community Investment Plan, increasing 21.0% which invests in infrastructure to meet the needs of a growing community. § Enterprise Funds’ combined operating and capital budgets total $1.3 billion in Fiscal Year 2017 (net of transfers), a 3.3% increase above the current year, primarily due to growth in the Aviation capital program. § City-wide total budget is $2.45 billion in Fiscal Year 2017, a 15.7% increase above the prior year, to address the infrastructure and service needs of a dynamic, growing community. General Fund Budget Highlights § $4.4 million to fund 75 positions in Police, including 50 sworn positions, 20 civilian 911 Telecommunicators, 5 civilian crime scene/crime lab positions, which includes $0.8 million in one-time capital expenses. § $2.1 million in Fire to fund Ladder Company 28, including 18 sworn positions, which includes $0.9 million in one-time capital to purchase the ladder truck. § $119,136 in pay adjustments to bring employees to a minimum pay amount equal to 60% of the area median income. Most of this cost will be absorbed by transitioning non-exempt employees from the Broadbanding Pay Plan to the new Non-Exempt/Hourly Pay Plan. § 41 additional General Fund positions that are fully or partially funded by external funding sources, City of Charlotte Page 7 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 such as the Community Investment Plan, user fees, and Enterprise Funds. Enterprise Funds Revenue Recommendations § Charlotte Water: Changes in Residential and Non-Residential Water and Sewer Rates. The total water and sewer bill for a typical residential customer would increase 4.3%, or $2.54 per month. § Storm Water: No changes to the current Storm Water rate and rate structure. The rate structure adjustment from two tiers to four tiers approved in FY2016 continues to support Storm Water Services’ multi-year plan to reduce the backlog of service requests. § Aviation: Only slight changes to select fees (for example, landing fees). Charlotte-Douglas International will remain the lowest cost, large hub airport in the United States. § Charlotte Area Transit System: No increase to base fares. Recovery of Transit Sales Tax revenue is expected to increase 4.9% and ridership growth is projected at 0.4%. Recommended Employee Compensation and Benefits § 1.5% Public Safety market adjustment, § 2.5% or 5.0% Public Safety step adjustment based on rank and current step, § 3.0% Broadband merit budget (for all exempt/salaried general employees), § Conversion of Non-exempt/hourly employees to new pay plan, § 1.5% Non-exempt/hourly market adjustment, and § Increase minimum pay to $28,260 (equivalent to $13.58 per hour). Recommended Position Changes for All Funds § 134 new positions in the General Fund: - 75 new positions in the Police Department: 50 sworn officers, 20 civilian Telecommunicators, and 5 civilian crime scene/crime lab positions to better address the service demands associated with a growing community, - 21 new positions in the Fire Department: 18 sworn positions to create Ladder Company 28, 1 Division Chief position to support Fire operations at the Airport (funded by Aviation), and 2 Construction Services Inspector positions to accommodate increasing economic development (offset by user fees), - Two positions in Transportation to support the Americans with Disabilities Act capital program (funded by the Community Investment Plan), - Two positions in Neighborhood & Business Services to address the current waitlist for critical home repairs (funded by the federal Community Development Block Grant program), - 18 new positions in Engineering & Property Management: 16 positions to provide additional support for capital projects (funded by the Community Investment Plan) and 2 positions to support increased demand for land development permits (offset by user fees), - Three positions in Planning: two Associate Planner positions to support the rezoning and subdivision process (offset by user fees), and one administrative position to support the Charlotte Regional Transportation Planning Organization (funded by federal Unified Planning Work Program grant), - One position in Corporate Communications & Marketing to develop Community Investment Plan communications plans and tools (funded by the Community Investment Plan), - Eight positions in Innovation & Technology: three positions to support Supervisory Control And Data Acquisition systems and dedicated payment card industry compliance testing (partial funding from Aviation, Charlotte Water, and CATS), three contractors converted to full-time employees to work on capital projects funding by the Community Investment Plan), and four positions to support Stanly County and the Town of Mooresville Public Safety Radio Network (funded by the Public Safety Communications Fee Model), and - Four positions in the Finance Office: two Accountant I positions to support Aviation with enhanced accounts payable resources (funded by Aviation) and two accountant positions to support general ledger activities for Aviation (funded by Aviation). § 184 new positions in Enterprise Funds: City of Charlotte Page 8 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 - 50 new positions in Aviation to reflect the needs of a growing, 24/7 hub airport, - 103 new positions in CATS for Fiscal Year 2017 to meet specific operating and regulatory requirements and to support the LYNX Blue Line Extension project, - 24 new positions in Charlotte Water to respond to the improving economy and regulatory changes, and - Seven new positions are added to the Storm Water Services to support capital project planning and inspections. Recommendations for Financial Partners & Outside Agencies § General Fund Financial Partners recommendation includes few funding changes: - All agencies with the exception of Charlotte Regional Partnership are recommended to be funded at their Fiscal Year 2016 funding levels. - Charlotte Regional Partnership has a recommended increase of $10,873. This recommended increase is consistent with a mutually agreed upon per-capita formula and equals Mecklenburg County funding levels. § Neighborhood & Business Services Partners recommendations include no changes to the Housing & Community Development or the Crisis Assistance agencies. § Fiscal Year 2017 represents the second year of a bi-annual process for Out of School Time Partners. The total annual out of School Time Partner funding of $979,934 maximizes the eligible Community Development Block Grant allocation of $815,007, with the remaining $164,924 being funded by the Pay-As-You-Go (PAYGO) program. § $50,000 in PAYGO funding to support the Foundation For the Carolinas’ Economic Opportunity Task Force efforts to identify ways to improve economic opportunities for Charlotte residents. Recommended Fiscal Years 2017-2021 Community Investment Plan § The five-year total recommended Community Investment Plan is $4.1 billion. § The General Community Investment Plan totals $906.2 million (debt-funded projects and Pay-As-You-Go cash-funded projects) within the Fiscal Years 2017-2021 five-year planning period, including: - $505.3 million in Street, Neighborhood, and Housing Bonds over three General Obligation bond referenda in November of 2016, 2018, and 2020 to support three, core quality of life elements of Livability, Getting Around, and Job Growth; - $86.0 million in Certificates of Participation to construct public safety and other City facilities; - $169.7 million in General Pay-As-You-Go funding to support facilities maintenance and renovation, technology infrastructure, and other one-time capital needs; and - $145.2 million in Transit Pay-As-You-Go funding to support CATS Maintenance of Effort and the CityLYNX Gold Line. § Enterprise Capital programs over five years: - CATS totals $568.9 million, a 12.0% decrease. - Aviation totals $1.6 billion, a 42.1% increase. - Storm Water totals $354.7 million, a 6.6% increase. - Water and Sewer totals $655.2 million, a 3.4% increase. Budget Process § On May 11, the City Council will meet to consider possible changes to the Manager’s Recommended Budget. Proposed adjustments by the City Council that received five or more votes will move on to the May 25 Straw Votes meeting for consideration and final direction to the City Manager. § Budget adoption is scheduled for June 13, 2016, at 7:00 p.m., during the City Council Business Meeting. § State law requires local governments to adopt a budget by July 1 of each year. § A complete copy of the recommended budget is available online at: http://charlottenc.gov/FY17Budget City of Charlotte Page 9 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Attachment Manager’s Transmittal Letter Executive Summary for the Preliminary Fiscal Year 2017 Strategic Operation Plan Letter of Transmittal 4-28 Executive Summary 4-28 City of Charlotte Page 10 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 10. Public Hearing for Municipal Service Districts Action: Conduct a public hearing pursuant to North Carolina General Statute Section 160A- 536 to allow residents and property owners in the City’s five Municipal Service Districts to comment on the needs of the service districts. Staff Resource(s): Kim Eagle, Management & Financial Services Explanation § Municipal Service Districts (MSDs) are defined geographic areas in which the City provides services, facilities, or functions in addition to or to a greater extent than provided in other parts of the City. § To extend its capacity to provide the enhanced level of services, facilities, or functions in each MSD, the City contracts with various financial partner agencies. § In 2015 the North Carolina General Assembly adopted revisions to North Carolina General Statute 160A-536 (the general statute pertaining to MSDs). These statutory revisions include a new process for MSD contracts entered after October 1, 2015. § Revised MSD statutory requirements include: - Soliciting input from the residents and property owners of the service district as to the needs of the service district - Holding a separate public hearing prior to entering into a contract with a financial partner agency to provide services in the district - Determining criteria for selection of a financial partner agency with which to contract for providing services to the service district and to use a bid process to select a contract agency to provide services to the service district - Requiring the financial partner agency to present to City Council annually its report of the continuing needs of the service district and the completed and pending projects of the financial partner agency that meet those needs § The City’s prior practice complied with all legal requirements and implemented several additional best practices, such as requiring regular reports and entering into annual contracts with financial partner agencies in conjunction with the annual budget. The new statutory requirements formalize many elements of the City’s prior practice and add to them the new requirements for a solicitation of needs, contract bidding, separate public hearing, and annual presentation before City Council. § The City plans to enter contracts with the selected financial partner agencies and adjust those contracts annually to ensure that the services provided evolve with the needs of the public. Background § Pursuant to the provisions of Article 23, Chapter 160A of the North Carolina General Statutes, the City has defined and established five MSDs within the City of Charlotte to provide downtown and/or urban area revitalization projects enhancing the economic viability and quality of life in select geographies. - Three MSDs are located in the Center City area: § MSD 1 consists of all property within an area, bounded by Brookshire Expressway, Independence Boulevard, Belk Freeway, and Interstate-77; § MSD 2 consists of all property within an area, bounded by Church Street, West Fifth Street, Interstate-77, West Fourth Street connector, and the railroad tracks west of Bank of America Stadium on the west side of Tryon Street and College Street, Interstate-277, East Fifth Street, and Caldwell Street on the east side of Tryon Street; and § MSD3 consists of all property within an area, bounded by Church Street, College Street, and Interstate-277. - The fourth MSD is located in the South End area, which consists of all property within an City of Charlotte Page 11 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 area bounded by the Belk Freeway, Graham Street, Winona Street, Mint Street, Summit Avenue, South Tryon Street, Park Avenue, West Tremont Avenue, Dunavant Street, Foster Street, New Bern Street, and South Boulevard. - The fifth MSD is located in the University City area, which consists of all property within an area bounded by properties between the Highway 29/49 connector off Interstate 85 on the south, the rear property line of parcels on the west side of Mallard Creek Road on the west, Mallard Creek Church Road and some adjacent commercial properties on the north, and the rear property line of parcels on the east side of Highway 49 on the east. Next Steps § During May 2016 a Committee, including staff from various City Departments, will evaluate and assess each proposal submitted in response to the MSD Request for Proposals, which was posted April 1, 2016. § On June 13, 2016, City Council will be asked to award contracts for the five MSDs within the City of Charlotte. Attachment Municipal Service Districts Maps Municipal Service Districts Property Tax Revenue Table Maps_MSDs_1-4_Finance_CD Map_MSD_5_Finance_CD FY16 MSDs_Rates, Assess Values, & Revs_5-9-16 Agenda Attach City of Charlotte Page 12 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 11. Public Hearing on a Resolution to Close an Alleyway off of Umstead Street Action: A. Conduct a public hearing to close an alleyway off of Umstead Street, and B. Adopt a resolution to close a portion of an alleyway off of Umstead Street. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § An alleyway off of Umstead Street is located in Council District 1. Petitioners Mecklenburg County (Park and Recreation) Right-of-Way to be Abandoned The alleyway is located on the east side of Umstead Street, and bisects Progress Park. Reason To incorporate the alleyway into the abutting property that is owned by the County in order to accommodate future Progress Park Improvements. 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) - All abutting property is owned by the petitioner. Neighborhood/Business Association(s) Villa Heights Community Organization - Notified/no comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map Resolution City of Charlotte Page 13 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 City Council Map_Alleyway off of Umstead Resolution to Close an alleyway off of Umstead Street City of Charlotte Page 14 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 12. Public Hearing for the Airport Revenue Bond Anticipation Notes Action: A. Authorize up to $230 million in Airport Revenue Bond Anticipation Notes series 2016A of which up to $100 million will repay 2014C Revenue Bond Anticipation Notes, B. Hold a public hearing as required by Internal Revenue Service regulations regarding up to $230 million of Revenue Bond Anticipation Notes in which interest earnings are subject to the Alternative Minimum Tax, and C. Adopt a resolution and related appendix providing for the issuance of Airport Revenue Bond Anticipation Notes in an aggregate principal amount not to exceed $230 million and approving certain related matters. Staff Resource(s): Robert Campbell, Management and Financial Services Brent Cagle, Aviation Explanation § The Airport continues to grow and is now the fifth busiest in the world in passenger traffic. § In 2014, the City established a $100 million Revenue Bond Anticipation Notes (Note) program (2014C) to provide construction financing for Airport capital improvement projects. § Since then, Airline business partners continue to request additional capital improvements. § As a result, note program needs have increased to $230 million and include both expanded needs for debt funded projects and to provide interim financing for projects that will ultimately be funded by passenger facility charges. § For tax exemption purposes, a public hearing for new debt-funded projects is required by the Internal Revenue Service (IRS). § Staff is seeking City Council approval to authorize the issuance of $230 million in short-term notes to repay existing 2014C notes and provide additional project funding for the construction projects listed below. § The short-term notes are expected to be converted to permanent financing within 12 to 24 months. § The 2016A Note will provide construction funding for the following projects: - The design and construction of a new 3,200-space business valet parking deck; - Improvements to passenger terminal areas of Concourses A, B, C, D and the Atrium; - A three-level addition to the East Terminal at the connector of Concourses D and E; - An extension of Little Rock Road to Wilkinson Boulevard; - Additional electrical duct bank and manholes; - Expansion of the Long-Term 2 parking lot to add approximately 3,000 additional parking spaces; - Expansion of Concourses A and E; - Construction of a new Baggage Transfer Facility; - Design of the Terminal Lobby Expansion; - Acquisition of new Passenger Boarding Bridges; - Expansion of the West Aircraft Parking Ramp; and - Improvements to the passenger terminal, airfield, and support area. § The Notes will be secured by Airport revenue. § The current actions include: - A series resolution and related appendix approving and providing for the issuance of the 2016A Notes; and - Directing staff to obtain Local Government Commission approval for the 2016A Notes. City of Charlotte Page 15 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 § The Local Government Commission is scheduled to review the proposed financing for approval during its May meeting. This is the only City Council action necessary for this financing. Fiscal Note Funding: Airport Debt Service Fund Attachment Series Resolution Appendix A to Series Resolution Series Resolution - Charlotte Airport BAN - 2016 - rev. to v3 Appendix A to Series Resolution - 2016 CharlotteAirport BAN City of Charlotte Page 16 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 POLICY 13. City Manager’s Report City of Charlotte Page 17 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 14. Annual Action Plan for Housing and Community Development (Fiscal Year 2017) Action: Approve the Housing & Neighborhood Development Committee recommendation for 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, and - 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 & 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.) § On April 25, 2016, City Council held a public hearing and received no comments. City of Charlotte Page 18 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Next Steps § The Plan will be submitted to HUD on or before May 15, 2016. Fiscal Note Funding: HUD Attachment Annual Action Plan Executive Summary Action Plan Draft Exec Summary City of Charlotte Page 19 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 BUSINESS 15. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Three appointments for terms beginning July 1, 2016, and ending June 30, 2019, in the following categories: At-large, Education/Non-Profit, and International Business. - Sean Gautam, International Business category, is eligible but not interested in reappointment. - Candace Murray, Education/Non-Profit category, is eligible and interested in reappointment. - Yolanda Perry, At-large category, is eligible and interested in reappointment. Attachment Charlotte International Cabinet Applicants 16. Nominations to the Charlotte Mecklenburg Public Access Corporation Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Three appointments for terms beginning July 1, 2016, and ending June 30, 2019. - Cassandra Blaine has completed two terms; therefore, she is not eligible for reappointment. - George Cochran has completed two terms; therefore, he is not eligible for reappointment. - Eric Rowell is eligible and interested in reappointment. Attachment Charlotte Mecklenburg Public Access Corporation Applicants City of Charlotte Page 20 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 17. Nominations to the Charlotte Regional Visitors Authority Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for terms beginning July 1, 2016, and ending June 30, 2019, in the following categories: At-large and General Travel. - Lawrence Huelsman, Jr., At-large position, has completed two terms; therefore, he is not eligible for reappointment. - Vinay Patel, General Travel category, has completed two terms; therefore, he is not eligible for reappointment. Attachment Charlotte Regional Visitors Authority Applicants 18. Nominations to the Community Relations Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Nine appointments for terms beginning July 1, 2016, and ending June 30, 2019. - Patricia Albritton is eligible and interested in being reappointed. - Passion S. Graham is eligible and interested in being reappointed. - Tin Nguyen is eligible and interested in being reappointed. - Aaron Orr, Sr, is eligible and interested in being reappointed. - Beth Pickering is eligible and interested in being reappointed. - Jacqlin Robinson is eligible and interested in being reappointed. - Lisa Rudisill has completed two terms of service; therefore, she is not eligible for reappointment. - Michael Tanck is eligible and interested in reappointment. - Carrie Taylor is eligible and interested in reappointment. Attachment Community Relations Committee Applicants City of Charlotte Page 21 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 19. Nominations to the Historic District Commission Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Five appointments for terms beginning July 1, 2016, and ending June 30, 2019, in the following categories: At-large, Resident/Owner-Dilworth, Resident/Owner-Fourth Ward, Resident/Owner-Plaza-Midwood, and Resident/Owner-Wesley Heights. - Donald Duffy, At-large category, has completed two terms; therefore, he is not eligible for reappointment. - Thomas Egan III, Resident/Owner-Plaza-Midwood category, has completed two terms; therefore, he is not eligible for reappointment. - James F. Haden, Resident/Owner-Fourth Ward category, is eligible and interested in reappointment. - Rodric Lenhart, Resident/Owner-Wesley Heights category is eligible and interested in reappointment. - Tamara B. Titus, Resident/Owner-Dilworth category is eligible and interested in reappointment. Attachment Historic District Commission Applicants 20. Nominations to the Housing Advisory Board of Charlotte-Mecklenburg Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term in the Hospitals category beginning immediately and ending July 1, 2018. - Denise Howard has resigned. § Two appointments for terms beginning July 1, 2016, and ending June 30, 2019, in the following categories: Real Estate and Donor/Philanthropic. - Joan Mazzaferro, Real Estate Representative, is eligible but not interested in reappointment. - Melanie Sizemore, Donor/Philanthropic category, is eligible and interested in reappointment. Attachment Housing Advisory Board of Charlotte-Mecklenburg Applicants City of Charlotte Page 22 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 21. Nominations to Keep Charlotte Beautiful Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Four appointments for terms beginning July 1, 2016, and ending June 30, 2019. - Camille Cunningham is eligible but not interested in being reappointed. - Russell Ferguson is eligible and interested in being reappointed. - Kelley Hyland is eligible and interested in being reappointed. - Michael Zytkow is eligible and interested in being reappointed. Attachment Keep Charlotte Beautiful Applicants 22. Nominations to the Planning Commission Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for terms in the Zoning Committee category beginning July 1, 2016, and ending June 30, 2019. - Tracy Dodson has completed two terms; therefore, she is not eligible for reappointment. - Dionne Nelson is eligible and interested in being reappointed. Attachment Planning Commission Applicants City of Charlotte Page 23 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 23. Nominations to the Privatization / Competition Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment to a partial term beginning immediately and ending March 1, 2017. - Torrey Feimster has resigned. § One appointments to terms beginning immediately and ending March 1, 2018. - Katherine Payerle has resigned. Attachment Privatization/Competition Advisory Committee Applicants 24. Nomination to the Storm Water Advisory Committee Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016, and ending June 30, 2019, in the following category: Construction Contractor. - David Hamrick is eligible and interested in being reappointed. Attachment Storm Water Advisory Committee Applicants 25. Nomination to the Tree Advisory Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment to a term beginning March 1, 2016, and ending February 28, 2019. - Joshua Arnold did not meet attendance requirements for 2015; Rebecca Herron, appointed April 25, 2016, has declined the appointment. Attachment Tree Advisory Commission Applicants City of Charlotte Page 24 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 26. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 25 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 CONSENT 27. Voluntary Annexation Public Hearing Date Action: Adopt a resolution setting a public hearing for May 23, 2016, for a voluntary annexation petition. Staff Resource(s): Jonathan Wells, Planning Explanation § The City has received a petition for voluntary annexation of private property. The property is located adjacent to City Council District 7. § The 25.01-acre “Providence Farm” site consists of two separate segments located east of the 11300 block of Providence Road south of Interstate-485 in south Mecklenburg County. - The property is currently vacant. - The intended buyer of the property has plans to develop property with a mixed-use development consisting of 26,000 square feet of retail/office use, a 180-room hotel, and 115 dwellings (mix of single-family and for-sale townhomes). - The property is zoned MUDD-O (mixed-use optional) and MX-2 (INNOV) (mixed-use innovative). § A public hearing is required prior to the City Council action on an annexation request. § The property is located within Charlotte’s extraterritorial jurisdiction. § The area proposed for annexation shares boundaries with current City limits. § Annexation of this area at this time will allow for more orderly land development review, extension of City services, capital investments, and future annexation processes. § More specifically, annexation of this area will bring the remainder of future Ardrey Kell Road between Providence and Tilley Morris Roads into the Charlotte City limits, thereby ensuring that the future roadway design (to be constructed by the developers) will be reviewed entirely according to City design standards. § The “Providence Farm” annexation is generally consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; and - Will not have undue negative impact on City finances or services. § The “Providence Farm” annexation is not consistent with one City voluntary annexation policy. If approved, it will result in a situation where an unincorporated area will be encompassed by new City limits. § This unincorporated area - slightly above 100 acres - is developable vacant land in an area that has seen a significant number of voluntary annexation petitions submitted during the past several years. § The potential for future voluntary annexation of this unincorporated area is highly likely. Attachment Map Resolution Map for RCA Resolution setting hearing City of Charlotte Page 26 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 28. Data Collection and Analytic Services for the Charlotte Regional Transportation Planning Organization Action: Approve a contract on behalf of the Charlotte Regional Transportation Planning Organization with Baseline Mobility Group, Inc. for gathering and analyzing data for transportation planning purposes in the Charlotte region in the amount not-to exceed $250,000. Staff Resource(s): Anna Gallup, Transportation Robert Cook, Planning Explanation § The City of Charlotte is the lead planning agency for the Charlotte Regional Transportation Planning Organization (CRTPO) and 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, such as gathering and analysis of: - Data to determine the origins and destinations of population traveling into or out of a specified area or a segment of a corridor. - Freight movement and historical travel time data. § Collection and analysis of data will allow staff to: - Study high growth areas, transit stations, and transportation corridors; - Provide better truck data inputs to the region’s travel demand model, the tool used for transportation planning and air quality conformity; and - Aid CRTPO in the development of performance measures as federally mandated by the enactment of Fixing America’s Surface Transportation Act, which requires MPOs to develop performance measures and targets intended to evaluate and report transportation system performance. § On March 10, 2016, the City issued a Request for Proposal (RFP) for Data Collection and Analytic Services. In response to the RFP, the City received 11 proposals from interested firms. § The Project Team, consisting of staff from CRTPO, Charlotte Department of Transportation, and the North Carolina Department of Transportation evaluated the proposals and determined that Baseline Mobility Group, Inc. meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Funding is as follows: - Federal Highway Administration and Federal Transportation Administration funds 80% ($200,000), and - CRTPO: 20% ($50,000) of which Charlotte’s share will be $30,000. Small Professional Services Firm (SPSF) Opportunity For certain federally-funded projects, NCDOT does not mandate a goal; however, they encourage the use of SPSFs on projects. Baseline Mobility Group, Inc. is a SPSF. Fiscal Note Funding: Federal Grants and CRTPO City of Charlotte Page 27 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 29. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to approve a Developer Agreement with Morgan Bond Charlotte, LLC, Halvorsen Development Corporation, Crescent Providence Farm, LLC, and Horizon Development Properties, Inc., and B. Adopt a budget ordinance appropriating $257,149 in private developer funds for traffic signal improvements. Staff Resource(s): Scott Putnam, Transportation Explanation § The $257,149 in private developer funding is for traffic signals/upgrades and related work associated with the developer projects. The funding is restricted to the projects noted below. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development project: - Morgan Bond Charlotte, LLC contributed $180,149 for a new steel pole/mast arm signal installation at the intersection of Sharon Road and Sharon Township Lane. - Halvorsen Development Corporation contributed $29,000 for signal modifications at the intersection of Prosperity Church Road and Ridge Road. - Crescent Providence Farm, LLC contributed $26,000 for signal modifications at the Interstate-485/Providence Road interchange ramp intersections. - Horizon Development Properties, Inc. contributed $22,000 for signal modification at the intersection of Park Road and Marsh Road. § Payments made by the developers are in response to an estimate of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § Any funding contributed by the developer for a signal project that is unused by the City will be refunded after project completion. § CDOT will be installing and operating these signals as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance TrafficSignalImprovements_5.9.2016 Agenda CDOT Budget Ordinance for Developer Contributions_5.9.16 City of Charlotte Page 28 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 30. Charlotte-Mecklenburg Government Center Office Floor Renovations (2nd and 3rd Floors) Action: Award a contract in the amount of $149,559.30 to the lowest responsive bidder D.E. Brown Construction, Inc. for renovations to the 2nd and 3rd floors of the Charlotte-Mecklenburg Government Center to provide space for Innovation & Technology’s Enterprise Resource Planning staff and City Storm Water Services staff. Staff Resource(s): William Haas, Engineering & Property Management Explanation § The project will provide renovations to the 2nd and 3rd floors of the Charlotte-Mecklenburg Government Center (CMGC) for Innovation & Technology’s Enterprise Resource Planning (ERP) staff and City Storm Water Services staff. § In 2015, City Council authorized the City’s Storm Water Services to hire up to 16 additional staff. Staff evaluated the needs and determined that renovating the 3rd floor was the best option to accommodate the additional Storm Water Services staff. Innovation & Technology staff currently housed on the 3rd floor will be moved to the 2nd floor. § The CMGC has very limited space for additional staff as it is currently configured. § As departments identify additional space needs for employees, Engineering & Property Management (E&PM) considers several options, such as double occupancy in enclosed offices, demolishing walls and installing more cubicle furniture on a floor. § E&PM prefers modifications to the CMGC or other City-owned buildings instead of renting office space to control the impact on the City’s annual operating budget. § The contract will modify portions of the 2nd floor, which will allow ERP staff currently on the 3rd floor to relocate to the 2nd floor with the remainder of that workgroup. § Once I&T staff are moved to the 2nd floor, portions of the 3rd floor will be renovated. § Storm Water Services already occupies a large portion of the 3rd floor; this solution will allow Storm Water to take nearly all of the available space on that floor. § Since the majority of the renovations will occur on the 3rd floor, Storm Water Services will fund the construction costs for the 3rd floor, as well as the furniture costs. § The construction of the 2nd floor will be funded from Pay-As-You-Go reserves in the General Facilities Community Investment Plan. § On April 1, 2016, the City solicited quotes from three contractors currently under Council- approved unspecified service contracts. On April 14, 2016, the City received bids from two interested service providers. § D.E. Brown Construction, Inc. was selected as the lowest responsive, responsible bidder. § This work is expected to be complete in July 2016. Charlotte Business INClusion The City solicited bids only from City certified SBEs, therefore 100% of the project participation is being committed to the following certified firm: D.E. Brown Construction (SBE) (Part A: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Approximately 80% will come from Storm Water Services Operating Budget. The remaining 20% will come from Pay-As-You-Go reserves in the General Facilities Community Investment Plan City of Charlotte Page 29 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 31. West Trade - Rozzelles Ferry Connectivity Enhancement Project Action: Approve a contract in the amount of $700,000 with Stantec Consulting Services Inc. for planning and design services for the West Trade Street-Rozzelles Ferry Connectivity Enhancement project. Staff Resource(s): Carl Jarrett, Engineering & Property Management Lamar Davis, Engineering & Property Management Explanation § The contract with Stantec Consulting Services Inc. will provide final planning and design services for five infrastructure projects identified and prioritized during the advance planning phase for the Connectivity Enhancement Project under the West Trade Street-Rozzelles Ferry Comprehensive Neighborhood Improvement Program. This work will allow staff to refine construction project needs and future costs. § Planning and design services totaling $700,000 will include, but is not limited to: - Traffic analysis, - Public information, - Conceptual plans, - Field surveys and mapping, and - Final design plans for construction. § On February 17, 2014, a Request for Qualifications was advertised for advance preliminary planning to begin work on the 2014 General Community Investment Plan. § Stantec Consulting Services, Inc. was selected using the Council-approved, qualifications-based selection process and as the provider best meeting the City’s needs in terms of qualifications and experience of the firm and team members. § On April 28, 2014, City Council approved a contract in the amount of $200,000 with Stantec Consulting Services, Inc. for pre-planning services on West Trade Street. As part of the contract, the City included an option to continue services with the selected consultant as an incentive for good performance for the consultant to provide design services. § Stantec Consulting Services, Inc. has completed the advance planning phase, which included identification and prioritization, market analysis, and community engagement. § On October 5, 2015, City Council received a Community Investment Plan update and status that included West Trade/Rozzelles Ferry Comprehensive Neighborhood Improvement Program. Background § In November 2014, voters approved $20.0 million bond referendum for the Comprehensive Neighborhood Improvement Programs. § The West Trade Street-Rozzelles Ferry Connectivity Enhancement project was selected to move forward under the West Trade Street-Rozzelles Ferry Comprehensive Neighborhood Improvement Program. § The Enhancement Project includes five infrastructure projects: - Turner Avenue Streetscape (Rozzelles Ferry Road to State Street): The project will connect Eleanor Heights, Smallwood, Wesley Heights, Biddleville, and Seversville communities to a major mix-use activity center proposed by the redevelopment of the Old Savona Mills and surrounding properties. - State Street Pedestrian Improvements (Turner Avenue to Five Points): The project will transform State Street into a pedestrian-friendly street. It will be a connection between major trip generators at each end of the corridor, Johnson C. Smith University, and the private development of the Old Savona Mills. This project is intended to encourage future City of Charlotte Page 30 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 development within the Eleanor Heights community and provide access to the City Lynx Gold Line station and neighborhood serving businesses. - Street Connectivity (Stewart Avenue to Chamberlain Avenue): The project is intended to improve access and visibility for the Martin Luther King Park and the County’s future Stewart Creek Greenway, and to enhance the adjacent private development proposed by Argos Realty. Because of the project’s proximity to the Stewart Creek floodway, initial work will evaluate the project’s feasibility in light of the floodway-related construction requirements. If the project proves to be feasible, final planning and design will proceed. - Street Connectivity (Yellowstone Drive to Zebulon Drive): The project is intended to improve access and visibility for Martin Luther King Park and the County’s future Stewart Creek Greenway, and to encourage private development along Rozzelles Ferry Road and the business park on Zebulon Drive. Because this project would involve a crossing of the Stewart Creek floodway, initial work will evaluate the project’s feasibility in light of floodway-related construction requirements. If the project proves to be feasible, final planning and design will proceed. - State Street Pedestrian and Bicycle Crossing Improvements: The project will connect the current greenway within the Wesley Heights neighborhood and the proposed Stewart Creek greenway managed by County Park and Recreation. Private development of the Old Savona Mills site also drives the implementation of this project. § All of these projects support the proposed Stewart Creek Greenway, the future development of the Old Savona Mills on Turner Avenue and the City Lynx Gold Line project and streetcar locations on West Trade Street. 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). Stantec Consulting Services, Inc. has Committed 10.00% ($70,000) of the total contract amount to the following certified firms: · Hinde Engineering (SBE) ($29,000) (engineering/utility design services) · The Dodd Studio (SBE) ($24,000) (planning/engineering services) · Carolina Wetland Services (SBE, WBE) ($10,000) (wetland/stream permitting services) · Amicus Engineering (SBE) ($7,000) (geotechnical services) Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - West Trade - Rozzelles Ferry Connectivity Enhancement Project City of Charlotte Page 31 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 32. Beatties Ford Road Widening Relocation Cost Agreement Action: Authorize the City Manager to negotiate and execute an agreement with AT&T in an amount up to $300,000 to relocate AT&T utility infrastructure for the Beatties Ford Road Widening project. Staff Resource(s): Theresa Watley, Engineering & Property Management Explanation § The Beatties Ford Road Widening project will widen the road from its existing two-lane cross-section to a four-lane, median-divided cross-section between Capps Hill Mine Road and Pauline Lane. The work will include: - Bicycle lanes, - Turning lanes, - Curbs, - Gutters, and - Sidewalks. § Before the project continues, AT&T will need to relocate its existing facilities, including poles, overhead/underground cables, and other associated hardware. § Based on industry safety standards, utility relocations are required from existing utility provider facilities in order to prevent conflicts during construction. At this time, Duke Energy and Time Warner Cable have completed relocation of its lines. § City Council approval will allow AT&T to proceed with its utility relocations without further delays to the project. § Funding for this work was included in the original project budget and cost is consistent with project estimates. § Payment of these utility relocation expenses is consistent with the City’s practices for relocating utility infrastructure. § Roadway construction is expected to begin first quarter 2017 pending completion of all utility relocations. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Beatties Ford Road ATT Utility Relocation Costs City of Charlotte Page 32 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 33. Baucom Road Connector Action: Award a contract in the amount of $394,680 to the lowest responsive bidder Trull Contracting, LLC for the Baucom Road Connector project. Staff Resource(s): Becky Chambers, Engineering & Property Management Felix Obregon, Transportation Explanation § The Baucom Road Connector project will install a new roadway between Baucom Road and Keaton Avenue and connect to the existing shopping center parking lot to the east. § The work will include: - Grading, - Drainage, - Asphalt pavement, - Curb and gutter, and - Sidewalks. § As a result of the North Carolina Department of Transportation’s project on Graham Street/Mallard Creek Road Extension, the existing signal at Mallard Creek Road and Old Mallard Creek Road will be removed and replaced with a median. This will limit egress from Keaton Avenue (access to a large apartment complex) and Old Mallard Creek Road (access to the shopping center) allowing vehicles to only turn right upon exiting. § The Baucom Road Connector project will restore full access to Mallard Creek Road via Baucom Road (a signalized intersection) for these developments. § On March 3, 2016, the City issued an Invitation to Bid for Baucom Road Connector; six bids were received from interested service providers. § City staff found B&N Grading, Inc.’s bid non-responsive due to non-compliance with the Charlotte Business INClusion Program. - B&N Grading, Inc. failed to meet the established SBE and MBE goals and the Good Faith Efforts. - B&N Grading, INC.’s bid was $387,397.05 § Trull Contracting, LLC was selected as the lowest responsive, responsible bidder. § Funding for this project was included in the 2010 Transportation Bonds. § The project is anticipated to be complete by fourth quarter 2016. Charlotte Business INClusion Established SBE Goal: 12% Committed SBE Goal: 18.52% SBE Participation to Date: 18.85% Trull Contracting exceeded the established SBE subcontracting goal, and has committed 18.85% ($74,386) of the total contract amount to the following certified firms: (Part B: Section 3 of the Charlotte Business INClusion Policy): · McCloud Construction (SBE) ($49,086) (concrete) · Express Logistics (SBE, MBE) ($24,000) (hauling) · Ground Effects (SBE, WBE) ($1,300) (striping) Established MBE Goal: 6% Committed MBE Goal: 6.08% Trull Contracting exceeded the established MBE subcontracting goal, and has committed 6.08% ($24,000) of the total contract amount to the following certified firms: (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics (MBE, SBE) ($24,000) (hauling) City of Charlotte Page 33 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Baucom Road Connector City of Charlotte Page 34 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 34. Meadowridge Storm Drainage Improvement Project Action: Award a contract in the amount of $1,524,024.70 to the lowest responsive bidder Hall Contracting Corporation for the Meadowridge Storm Drainage Improvement project. Staff Resource(s): Jennifer Smith, Engineering & Property Management Explanation § The Meadowridge Storm Drainage Improvement project will reduce flooding of streets, properties, and structures. § The project area is located in the McMullen Creek watershed with boundaries of Meadowridge Drive to the north, Ivygate Lane to the south, Carmel Road to the east, and McMullen Creek to the west. § The work will include: - Storm drainage, - Sidewalk, - Curb and gutter, - Driveways, - Asphalt pavement replacement, - Traffic control, and - Water and sanitary sewer installation. § On February 29, 2016, the City issued an Invitation to Bid; six bids were received from interested service providers. § Hall Contracting Corporation was selected as the lowest responsive, responsible bidder. § Construction is expected to be completed third quarter of 2017. Charlotte Business INClusion Established SBE Goal: 15% Committed SBE Goal: 26.50% Hall Contracting Corporation exceeded the established SBE subcontracting goal, and has committed 26.50% ($403,821) of the total contract amount to the following certified SBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Trull Contracting, LLC (SBE, WBE) ($125,058) (asphalt, concrete) · On Time Construction, Inc. (SBE, MBE) ($65,734) (masonry, endwalls) · Whitesell Trucking, Inc. (SBE) ($59,925) (clearing & grubbing) · D’s Trucking Service Inc. (SBE, WBE) ($58,278) (hauling) · Axiom Foundations, LLC (SBE) ($46,950) (foundation protection) · Carolina Wetland Services, Inc. (SBE, WBE) ($25,455) (erosion control) · Maybury Fencing Inc. (SBE, WBE) ($22,421) (fencing) Established MBE Goal: 6% Committed MBE Goal at time of Bid: 4.31% MBE Participation to Date: 4.83% Hall Contracting Corporation failed to meet the established subcontracting goal, but has earned the Minimum Good Faith Efforts (Part B: Section 5 of the Charlotte Business INClusion Policy). Hall Contracting has committed 4.83% ($73,734) of the total contract amount to the following certified firm: · On Time Construction (SBE, MBE) ($73,734) (masonry, endwalls) A further detailed write-up of Hall Contracting’s Good Faith Efforts is attached. Fiscal Note Funding: Storm Water Community Investment Plan City of Charlotte Page 35 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Attachment Map Good Faith Efforts Summary Location Map - Meadowridge Storm Drainage Improvement Project GFE Attachment - Meadowridge SDIP City of Charlotte Page 36 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 35. Airport Access Control and Security Enhancements Action: A. Approve the purchase of Access Control and Security Equipment, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a unit price contract with Johnson Controls, Inc. for the purchase and installation of Access Control and Security Equipment for a term of six months, C. Approve the purchase of network switches from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), and D. Approve a unit price contract with UNICOM Government, Inc. for the purchase of Avaya network switches for a term of six months under US Communities Cooperative Purchasing Contract, (contract 440000645), effective May 1, 2016. Staff Resource(s): Brent Cagle, 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 due to standardization and compatibility with existing access control and camera systems. § The City Council must approve purchases made under the sole source exception. Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § The Airport’s access control and security system network is a part of a program that ensures the safety and security of the traveling public at the Airport. § The Airport needs to purchase and install additional card access readers, security cameras, and necessary networking equipment to continue to comply with Transportation Security Administration regulations. § Both companies will be paid based upon unit prices as stated in the contracts and are available upon request. § Johnson Controls, Inc. expenditures under the contract are estimated to be $1,400,000. § UNICOM Government, Inc. expenditures under the contract are estimated to be $400,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Johnson Controls has committed 13.34% ($186,961) of the total contract amount to the following certified firm: · Besco Electric (MBE) ($186,961) (electrical) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 37 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 36. Airport Concourse A Expansion Phase I - Construction Manager at Risk Action: A. Approve a contract in amount of $695,000 with Turner - Rodgers, A Joint Venture for preconstruction management at risk services for the Concourse A Expansion, and B. Adopt a budget ordinance appropriating $695,000 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § On September 28, 2015, the City Council approved a contract with Perkins+Will North Carolina, Inc. in the amount of $7,835,982 to provide design services for the Concourse A Expansion Phase I. This is the first of three phases of expansion. § The first phase will encompass 211,000 square feet and include nine additional gates, a connector to the terminal, concession space, and office space. § On November 6, 2015, the Aviation Department issued a Request for Qualifications for general contracting firms for Construction Manager at Risk for the Concourse A Expansion Phase I; four firms responded with a proposal. § The Joint Venture of Turner Construction and Rodgers Builders (Turner-Rodgers) was selected based on their related project approach and similar airport construction experience. § Under this contract Turner-Rodgers is responsible for: - Organizing the work into bid packages, conducting a public bidding process for each subcontracting opportunity, and awarding each package to the lowest, responsive bidder; - Pre-qualifying first tier sub-contractors as required by North Carolina state statute; - Scheduling and managing all phases of construction and the performance of all its subcontractors in the construction of the project; and - Monitoring the design process for adherence to the project budget. § The Aviation Department intends to return to City Council in the summer of 2016 for a guaranteed maximum price contract for Construction Manager at Risk for the full construction cost of the Concourse A Expansion. 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). Turner-Rodgers has committed 6.00% ($41,700) of the total contract amount to the following certified firm: · All-Pro Builders and Restorations LLC (SBE, MBE) ($41,700) (pre-construction services) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD050916 - Airport Concourse A Expansion Phase I Construction Manager at Risk City of Charlotte Page 38 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 37. Airport Concourse A Ramp Expansion, Phase I Action: A. Award a contract in the amount of $39,799,138 to the lowest responsive bidder Flatiron Constructors Inc. - Blythe Development Company, A Joint Venture for the construction of Concourse A Aircraft Ramp Expansion, Phase I, B. Approve a contract in the amount of $1,632,726.72 with S&ME, Inc. for construction and materials testing, C. Approve contract amendment #2 in the amount of $192,740 with Talbert, Bright and Ellington, Inc. for fuel design services, and D. Adopt a budget ordinance appropriating $41,624,604.72 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Concourse A Aircraft Ramp Expansion project scope includes underground utility installation, jet fuel lines, grading, and the addition of concrete ramp pavement. Action A § The contract with Flatiron Constructors Inc. - Blythe Development Company, A Joint Venture will add concrete ramp pavement to support the new Concourse A Expansion project. § On March 23, 2016, Aviation issued an Invitation to Bid for construction; three bids were submitted by interested service providers. § Flatiron Constructors Inc. - Blythe Development Company, A Joint Venture was selected as the lowest responsive, responsible bidder. Action B § On February 3, 2016, Aviation issued a Request for Qualifications for construction and materials testing for the subject project; 11 firms submitted a proposal. § Aviation staff evaluated the proposals and determined S&ME, Inc. as the firm that best meets the City’s needs on the basis of knowledge of airfield operations experience and previous project work both at the Airport and other airports. § The contract will provide quality assurance services through the testing of subgrade, cement-treated base, and various concrete materials placed on the project. Action C § On September 22, 2014, the City Council approved a contract in the amount of $2,783,581 with Talbert Bright & Ellington, Inc. to provide design services for the Concourse A Expansion Phase 1 Ramp project. § On July 27, 2015, the City Council approved contract amendment #1 in the amount of $411,806 for to provide design services for the demolition and environmental remediation for the project. § Contract amendment #2 in the amount of $192,740 will provide design services for protection of existing jet fuel pipes, soil sampling, additional surveying, relocation of a fueling island, and sanitary sewer design. § The amendment will also provide for monitoring the remediation process during the removal and demolition phase of an existing building on the site. § The new total value of the contract with Talbert Bright & Ellington is $3,388,127. City of Charlotte Page 39 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Disadvantaged Business Enterprise Action A Established DBE Goal: 11% Committee DBE Goal: 11.03% Flatiron-Blythe Development, AJV, exceeded the established subcontracting goal, and has committed 11.03% ($4,390,000) of the bid amount to the following certified firms: · Driggers Electrical and Control Company (DBE, SBE) ($3,037,000) (electrical) · Haibach Trucking (DBE) ($450,000) (hauling) · A-1 Fence Company, Inc. (DBE) ($411,000) (fencing) · Express Logistics Services, Inc. (DBE, SBE, MBE) ($325,000) (hauling) · Jones Grading and Fence, Inc. (DBE, SBE, MBE) ($167,000) (clearing/demolition) Action B The City negotiated subcontracting participation after the proposal selection process. For this contract, S&ME, Inc. has committed 7.41% ($120,942.72) of the total contract amount to the following certified firm: · Capstone Civil Group, PA (DBE, SBE, MBE) ($120,942.72) (field and lab construction materials testing) Action C All additional work involved in this amendment will be performed by Talbert, Bright and Ellington, Inc. and their existing subcontractor. Talbert Bright and Ellington, Inc. has committed 24.59% ($47,400) of the total contract amendment amount to the following certified firm: · Accutech Surveying & Mapping, LLP (DBE, SBE) ($47,400) (surveying) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD050916 - Airport Concourse A Expansion Phase I Ramp Expansion City of Charlotte Page 40 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 38. Airport Interior Compacting Trash Can and Recycling Units Action: A. Approve the purchase of Big Belly compacting trash can and recycling units, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a unit price contract with Big Belly Solar, Inc., for the purchase of compacting trash can and recycling units for the term of five years, and C. Adopt a budget ordinance appropriating $800,000 from the Airport Discretionary Fund to the Airport Community Investment Fund in the amount of $800,000. 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 § Current trash cans are inadequate in size/volume to meet growing demands of Airport waste. The Airport will upgrade the waste capacity in the current footprint by using compacting trash cans beyond the security checkpoint. § The units consist of a waste receptacle and recycling receptacle. Each waste receptacle is estimated to hold five times more volume than the current trash cans; which reduces the number of labor hours needed to service them. The units are also Wi-Fi capable and can inform janitorial staff which cans are full and require emptying. Big Belly Solar, Inc. is the only company able to provide Aviation with a receptacle with this Wi-Fi technology. § The City currently has 32 of these units in several locations in Uptown Charlotte. During the solicitation for these cans, Aviation staff consulted with Solid Waste Services staff to learn more about their experience using the product. § Aviation staff anticipates adding units as needed due to terminal expansions. § These items are on the approved Fiscal Year 2016 Capital Equipment Replacement List. § Total expenditure under the contract is estimated at $800,000. 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 Community Investment Plan Attachment Budget Ordinance Airport ORD050916 - Airport Interior Compacting Trash Can Recycling Units City of Charlotte Page 41 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 39. Airport Passenger Assistance Services Contract Amendment #1 Action: Approve contract amendment #1 for $1,743,154.21 to Prospect Airport Services, Inc. for the addition of staff to assist in the ticketing lobby of the Airport and assist with the Airport’s new common use gate system. Staff Resource(s): Jack Christine, Aviation Explanation § On June 22, 2015, the City Council approved a three-year contract in an amount not to exceed $2.5 million with Prospect Airport Services, Inc. for passenger assistance services in the international arrivals area of the Airport. § Over the last year, the Airport has experienced a 4% increase in local (non-connecting) passengers. In addition, customers have been experiencing lengthy wait times at the security checkpoints and passenger congestion during peak travel periods. § In response to the current situation, the Airport has determined a need for additional passenger assistance services in the ticketing lobby and security checkpoint areas of the terminal. The additional frontline staff will ensure passengers’ expectations and needs continue to be met. § The Airport is also in the process of implementing common use technology, which allows airlines to share gates and ticket counters using the same equipment. § Contract amendment #1 in the amount of $1,743,154.21 will provide additional staff to assist at the Airport’s new common use gates and ensure the systems are equipped with needed supplies, and that the common use gate areas are clean and neat in appearance. § The new estimated total value of this contract would be $4,243,154.21. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 42 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 40. Airport Plumbing Parts and Equipment Action: A. Award a unit price contract to the lowest responsive bidder Murray Supply Company for the purchase of plumbing parts for a three-year term, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation will use this contract for the maintenance of plumbing systems contained in 4.8 million square feet of City-owned property at the Airport. § On March 16, 2016, Aviation issued an Invitation to Bid; three bids were received from interested service providers. § Murray Supply Company was selected as the lowest responsive, responsible bidder. Plumbing parts will be purchased on an as needed basis under the contract terms. The unit prices are set forth in the proposed contracts and are available upon request. § Aviation anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual expenditures are $150,000. 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 41. United States Post Office Lease Amendment Action: A. Approve a five-year ground lease amendment with the United States Post Office, and B. Authorize the City Manager to execute two additional, five-year renewal options. Staff Resource(s): Brent Cagle, Aviation Explanation § On August 1, 1986, the Airport entered into a ground lease with the United States Postal Service (USPS) on which they constructed a regional postal facility. § USPS desires to continue occupying and operating in the 3.75 acres of Airport property. § For the first five years of the lease, the total value of the rent will equal $410,460. § The rent for the additional renewal options will be based on the fair market value at that time. Fiscal Note Funding: Revenue received from this lease will be deposited into the Aviation Operating Fund. City of Charlotte Page 43 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 42. LYNX Blue Line Extension Old Concord Park and Ride Lot Contract Amendment Action: Approve contract amendment #1 for $900,000 to the Old Concord Road Park and Ride Lot contract with Blythe Development Company. Staff Resource(s): John Lewis, CATS Jill Brim, CATS Explanation § On August 24, 2015, the City Council awarded a contract in the amount of $4,927,900 to Blythe Development Company for construction of the LYNX Blue Line Extension (BLE) Old Concord Road Park and Ride Lot located adjacent to the Old Concord Road Light Rail Station. § Contract amendment #1 in the amount of $900,000 will fund additional earthwork needed to remove an increased amount of unsuitable materials (organic) from the site and replace it with suitable fill material. § The contractor will be paid based on the unit prices in the original contract, which are available upon request. § The costs associated with this amendment are within the current LYNX BLE project budget from existing project contingency. CATS will transfer the $900,000 from the overall LYNX BLE project contingency to the Old Concord Road contract with Blythe Development. § Work is approximately 25% complete and is expected to finish in September 2016. § The new total value of the contract with Blythe Development is $5,827,900. Disadvantage Business Enterprise (DBE) The work performed pursuant to this contract amendment will be held to the original contract DBE goal of 11.8%. The Contractor is in the process of determining what portions of the work will be subcontracted and which DBE subcontractors will be used to complete the work. Further information is available upon request and will be supplied once the Contractor makes those determinations. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 44 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 43. Goodwill Opportunity Campus - Transit Access Project Action: Award a contract in the amount of $192,752.19 to the lowest responsive bidder DOT Construction for the Wilkinson Boulevard and Boyer Street project. Staff Resource(s): Pamela White, CATS Becky Chambers, Engineering & Property Management Explanation § Goodwill Industries (Goodwill) is constructing a Goodwill Opportunity Campus (GOC) at the intersection of Wilkinson Boulevard and Boyer Street. § The new site will combine three current Goodwill facilities into one primary campus including: - A Goodwill Outlet, - The Goodwill Career Development Center, and - The Goodwill Southern Piedmont Headquarters. § Goodwill has expressed an interest to partner with CATS to build transit amenities and provide the new facility with safe access to transit service. § CATS currently provides service for all three existing locations serving over 500 passengers each weekday and nearly 250 passengers on weekends. § The project will provide infrastructure for westbound bus service to the GOC and a signalized crosswalk across Wilkinson Boulevard. Improvements will include: - A CATS Sprinter shelter, - Sidewalk, - Accessible ramps, - Pedestrian signals, - Curb and gutter, - Resurfacing, and - Crosswalks. § On February 4, 2016, the City issued an Invitation to Bid for Wilkinson Boulevard and Boyer Street; four bids were received from interested service providers. § DOT Construction was selected as the lowest responsive bidder. § Project funding is as follows: - 80% from a federal grant, - 20% from Goodwill Industries (the local match). § City funds are not required for this project. § The project is anticipated to be complete by 4th quarter of 2016. Disadvantaged Business Enterprise Established DBE Goal: 12.2% Committed DBE Goal: 74.66% DOT Construction exceeded the established DBE contracting goal, and has committed 74.66% ($143,912.19) of the total contract amount to the following certified firms: · DOT Construction (DBE, SBE) ($117,952.19) (various construction services) · Pavers, Walls, & Stamped Concrete (DBE, SBE, MBE) ($16,500) (concrete work) · Ground Effects (DBE, SBE, WBE) ($6,960) (pavement marking) · D’s Trucking Service (DBE, SBE, WBE) ($2,500) (hauling) As allowed under federal regulations, a bidder may count their direct participation toward the overall DBE contracting goal. Fiscal Note Funding: Federal grant and Private Developer Contributions City of Charlotte Page 45 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Attachment Map Location Map - Wilkinson Boulevard and Boyer Street Phase 1 44. Mallard Creek and Back Creek Basins Sanitary Sewer Study Action: Approve a contract in the amount of $535,941 with Brown and Caldwell to provide professional engineering services for the Mallard Creek and Back Creek Basins Sanitary Sewer Study. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Sanitary sewer system modeling and evaluation are vital components of regulatory compliance that ensures adequate sanitary sewer system capacity is maintained. § The Mallard and Back Creek Basins Sanitary Sewer Study covers the northeast Charlotte and Mecklenburg County geography, including the University City Area, portions of the LYNX Blue Line Extension, as well as the recently completed section of Interstate-485 outer loop. § The purpose of this study is to develop a plan that identifies the location and timing of future sanitary sewer system and wastewater treatment improvements within the Mallard and Back Creek Basins. § The scope of the study is to: - Develop population and flow projections; - Perform hydraulic modeling and sanitary sewer system analysis; - Identify necessary sanitary sewer pipeline and treatment facility improvement options to address regulatory and capacity needs within the study area; and - Evaluate the advantages and disadvantages of transferring sanitary sewage to The Water and Sewer Authority of Cabarrus County for treatment, versus expanding the treatment capacity of Mallard Creek Wastewater Treatment Plant (WWTP). § On December 4, 2015, the City issued a Request for Qualifications for Professional Engineering Services for the Mallard Creek and Back Creek Basins Sanitary Sewer Systems Study, and a facility evaluation of the Mallard Creek WWTP. In response to the RFQ, the City received six responses from interested professional service providers. § Charlotte Water evaluated the proposals and determined that Brown and Caldwell is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. 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). Brown and Caldwell has committed 8.21% ($44,000) of the total contract amount to the following certified firm: · Gavel and Dorn Engineering, PLLC (SBE) ($44,000) (sanitary sewer flow monitoring) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Map - Mallard Creek and Back Creek Basins City of Charlotte Page 46 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 45. Maintenance, Repair and Operating Supplies Action: A. Approve the purchase of maintenance, repair and operating supplies from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), B. Approve a unit price contract with Fastenal Company for the purchase of maintenance, repair, and operating supplies for a term of three years under The Cooperative Purchasing Network (contract #R4952, effective March 9, 2015), and C. Authorize the City Manager to extend the contract for an additional one-year terms as long as the cooperative contract is in effect, at prices and terms that are the same or more favorable than those offered under the cooperative contact. Staff Resource(s): Robert Campbell, Management & Financial Services Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § City departments require hundreds of various maintenance, repair, and operating supplies for daily operations, including but not limited to fasteners, hardware, lighting, material handling, and tools and equipment. § The contract will provide an alternate source to the Grainger contract approved by City Council on March 24, 2014, to accommodate the City’s diverse need for a large volume of maintenance and repair products on a 24/7/365 basis. § Fastenal Company has a contract awarded through The Cooperative Purchasing Network that offers competitively obtained contracts to government agencies nationwide. § Management & Financial Services has identified and researched the availability of these products through various state contacts and national cooperative purchasing agreements. § The competitive procurement processes have been performed comparing product offerings and pricing, and ensures that the resulting contract both meets City specifications and contains appropriate terms and conditions for use. § Annual expenditures are estimated to be $100,000. 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: Various Departments’ Operating Budget City of Charlotte Page 47 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 46. Refund of Business Privilege License Taxes Action: Adopt a resolution authorizing the refund of business privilege license payments in the amount of $172.50. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Attachment List of Business Privilege License Refunds Requested Resolution BPLT Refund Requests Resolution Business Privilege License Refund 47. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - March 28, 2016, Business Meeting and Citizens’ Forum - April 04, 2016, Council Workshop and Citizens’ Forum - April 06, 2016, Budget Workshop Staff Resource(s): Stephanie C. Kelly, City Clerk’s Office City of Charlotte Page 48 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 PROPERTY TRANSACTIONS 48. Sale of Property: 6746 Glenmoor Drive Action: A. Adopt a resolution proposing to accept the offer from Jose Edgar Lazo to purchase City-owned real property (parcel tax identification# 055-155-47) located at 6746 Glenmoor Drive for $72,000, and B. Authorize the advertisement of the proposed sale for upset bids in accordance with the resolution and authorize City Manager to execute all documents necessary to complete the sale of the property in accordance with the resolution. Staff Resource(s): Tony Korolos, Engineering & Property Management Kristie Kennedy, Engineering & Property Management Explanation § The property is a single-family home located in northwest Charlotte, and is zoned R-4. § The City acquired the property as part of the Pawtuckett Neighborhood Improvement project for $74,141. § The construction of a storm water culvert (80’ feet x 16’ feet) impacted the character of the property, such that it was better to purchase the property and perform the construction work before the property could be relisted for sale. The property now has a fair market value of $60,000. § The City’s Neighborhood & Business Services Department contacted several nonprofit organizations to determine if this property met their criteria for affordable housing, but none of the organizations were interested. § City staff retained a broker to show the property. All prospective buyers are made aware of the storm water improvement. § On March 24, 2016, Jose Edgar Lazo presented the highest initial offer, and if approved, it will be advertised for upset bid based on the following terms: - Purchase price of $72,000 ($12,000 over the listed price), - Earnest money deposit of $3,600, - Due diligence period 15 days, and - Closing within 15 days after expiration of the due diligence period. Fiscal Note Funding: Revenues will be deposited into the Pawtuckett Neighborhood Improvement Project Attachment Map Resolution Map for Glenmoor Drive Jose Edgar Lazo Glenmoor Drive Resolution 05 09 16 City of Charlotte Page 49 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 49. Airport Property Exchange Action: Adopt a resolution authorizing a land exchange between the City of Charlotte and Latour Properties, LLC. Staff Resource(s): Jack Christine, Aviation Explanation § On March 14, 2016, City Council approved this action; however, a second approval is required because the 10-day public notice period was not met prior to the March 14 Business Meeting. At this time, the 10-day public notice period has been met. § Latour Properties, LLC owns a 1.79 acre parcel of land on Harlee Avenue. The Airport needs this parcel of land to build the new maintenance facility. Latour Properties, LLC desires to keep the business in the area. § Aviation proposed swapping four parcels of City-owned vacant land on Boyer Street in addition to paying the difference in value for the Latour parcel, which is $790,000. § The four parcels total 2.15 acres and is valued at $417,000. Latour owns one parcel of land totaling 1.79 acres that is valued at $1,207,000. § An independent MAI appraiser has appraised the proposed exchange. The City will exchange 2.15 acres plus $790,000 for 1.79 acres valued at $1,207,000. § The benefits of this swap for the City are: - Aviation will acquire the last parcel needed to begin construction of the new maintenance facility. - The business run by Latour Properties, LLC will relocate and continue operating, which keeps people employed and also brings four tax exempt parcels back onto the tax rolls. Fiscal Note Funding: Aviation Community Investment Plan Attachment Map Resolution Property Swap Map Resolution Property Swap City of Charlotte Page 50 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 50. In Rem Remedy: 124 Morningside Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 124 Morningside Road Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 124 Morningside Road (Council District #2 / Neighborhood Profile Area 330). Attachment In Rem Packet for 124 Morningside Road In Rem Remedy 124 Morningside Rd.pdf City of Charlotte Page 51 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 51. In Rem Remedy: 232 Lander Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 232 Lander Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 232 Lander Street (Council District #2 / Neighborhood Profile Area 88). Attachment In Rem Packet for 232 Lander Street In Rem Remedy 232 Lander St.pdf City of Charlotte Page 52 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 52. In Rem Remedy: 2657 Southwest Boulevard For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 2657 Southwest Boulevard Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 2657 Southwest Boulevard (Council District #2 / Neighborhood Profile Area 70). Attachment In Rem Packet for 2657 Southwest Boulevard In Rem Remedy 2657 Southwest Bv.pdf City of Charlotte Page 53 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 53. In Rem Remedy: 3809/3811 Rosehaven Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 3809/3811 Rosehaven Drive Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 3809/3811 Rosehaven Drive (Council District #5 / Neighborhood Profile Area 164). Attachment In Rem Packet for 3809/3811 Rosehaven Drive In Rem Remedy 3809-3811 Rosehaven Dr.pdf City of Charlotte Page 54 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 54. In Rem Remedy: 3813/3815 Rosehaven Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 3813/3815 Rosehaven Drive Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 3813/3815 Rosehaven Drive (Council District #5 / Neighborhood Profile Area 164). Attachment In Rem Packet for 3813/3815 Rosehaven Drive In Rem Remedy 3813-3815 Rosehaven Dr.pdf City of Charlotte Page 55 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 55. In Rem Remedy: 9430 East W T Harris Boulevard For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 9430 East W T Harris Boulevard Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 9430 East W T Harris Boulevard (Council District #5/Neighborhood Profile Area 58). Attachment In Rem Packet for 9430 East W T Harris Boulevard In Rem Remedy 9430 E WT Harris Bv.pdf City of Charlotte Page 56 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 56. Aviation Property Transaction - 8205 Robbie Circle Action: Approve the following Transaction. This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement. Project: EIS Mitigation Land Owner(s): Judith Smith Property Address: 8205 Robbie Circle Total Parcel Area: .47 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and Shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-111-17 Purchase Price: $160,000 Council District: N/A 57. Aviation Property Transaction - 10025 Dillard Valley Road Action: Approve the following transaction. This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement. Project: Master Plan Land Owner(s): Sarah Chapman - Executor, Dillard Heirs Property Address: 10025 Dillard Valley Road Total Parcel Area: 4.07 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 113-161-26 Purchase Price: $84,000 Council District: N/A City of Charlotte Page 57 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 58. Property Transactions - North Tryon Business Corridor, Parcel #32 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #32 Project: North Tryon Business Corridor, Parcel #32 Owner(s): Tryon Street Properties, LLC Property Address: 2130 North Tryon Street Total Parcel Area: 159,918 sq. ft. (3.671 acres) Property to be acquired by Easements: 472 sq. ft. (.011 ac.) in Sidewalk and Utility Easement, plus 9,558 sq. ft. (.219 ac.) in Temporary Construction Easement, plus 90 sq. ft. (.002 ac.) in Utility Easement Structures/Improvements to be impacted: Flag Pole Landscaping to be impacted: Trees and various plantings Zoned: I-2 Use: Commercial Tax Code: 083-011-11 Purchase Price: $47,500 Council District: 1 59. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #125 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, Parcel #125 Project: Lyon Court Storm Drainage Improvement Project, Parcel #125 Program: Flood Control Owner(s): Ralph R. McMillan and Sally H. McMillan Property Address: 2108 Randall Street Total Parcel Area: 10,675 sq. ft. (.245 ac.) Property to be acquired by Easements: 3,634 sq. ft. (.083 ac.) in Storm Drainage Easement, plus 1,443 sq. ft. (.033 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Fence Landscaping to be impacted: Trees and various plantings Zoned: R-22MF Use: Single-family Residential Tax Code: 095-072-01 Purchase Price: $47,000 Council District: 1 City of Charlotte Page 58 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 60. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #126 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, Parcel #126 Project: Lyon Court Storm Drainage Improvement Project, Parcel #126 Program: Flood Control Owner(s): Carl B. Leonard Property Address: 1526 Landis Avenue Total Parcel Area: 11,326 sq. ft. (.260 ac.) Property to be acquired by Fee: 547 sq. ft. (.013 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 3,555 sq. ft. (.082 ac.) in Storm Drainage Easement, plus 2,433 sq. ft. (.056 ac.) in Temporary Construction Easement, plus 16 sq. ft. in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-22MF Use: Single-family Residential Tax Code: 095-072-02 Purchase Price: $47,000 Council District: 1 61. Property Transactions - North Tryon Business Corridor, Parcels #28 and #29 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcels #28 and #29 Project: North Tryon Business Corridor, Parcels #28 and #29 Owner(s): Heath Land Company LLC Property Address: 2020 North Tryon Street Total Parcel Area: 75,011 sq. ft. (1.722 acres) Property to be acquired by Easements: 790 sq. ft. (.018 ac.) in Temporary Construction Easement, plus 1,180 sq. ft. (.027 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-011-14 and 083-011-13 Purchase Price: $12,900 Council District: 1 City of Charlotte Page 59 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 62. Property Transactions - Mary Alexander Road Drainage Improvements, Parcel #4 Action: Approve the following Condemnation: Mary Alexander Road Drainage Improvements, Parcel #4 Project: Mary Alexander Road Drainage Improvements, Parcel #4 Program: Flood Control Owner(s): Alexander Towne Homeowners' Association, Inc. Property Address: Lex Drive Total Parcel Area: 337,970 sq. ft. (7.759 acres) Property to be acquired by Easements: 26,694 sq. ft. (.613 ac.) in Storm Drainage Easement, plus 1,486 sq. ft. (.034 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Vegetation and trees may be lost within the scope of the construction Use: Town House Common Area Tax Code: 049-383-98 Appraised Value: $11,900 Property Owner’s Concerns: The homeowners’ association (HOA) was unable to obtain the required 2/3 majority written approval of property owners per HOA's Covenants and Restrictions to sign agreement. City’s Response to Property Owner’s Concerns: City staff and HOA agreed to a "friendly condemnation" due to the inability to get agreement signed by the HOA. HOA was in agreement with amount of appraisal obtained by the City. Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 4 City of Charlotte Page 60 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 REFERENCES 63. 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 61 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 64. 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 62 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 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 63 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 65. 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 64 Printed on 5/4/2016 City Council Business Meeting Meeting Agenda May 9, 2016 Adjournment City of Charlotte Page 65 Printed on 5/4/2016