City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, October 10, 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 October 10, 2016 CITY COUNCIL MEETING Monday, October 10, 2016 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 23 National Sexual Assault Kit Initiative Grant City of Charlotte Page 2 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Randy Harrington, Management & Financial Services Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. Charlotte Chamber of Commerce 2016 Bonds Campaign Staff Resource(s): Ron Kimble, Interim City Manager Time: 10 minutes Explanation § Natalie English with the Charlotte Chamber of Commerce will provide an update on the Chamber’s 2016 Vote Yes for Bonds Campaign. § On June 13, 2016, the City Council adopted the Fiscal Year 2017 Operating Budget and Fiscal Years 2017-2021 Community Investment Plan, which included a bond referendum on November 8, 2016. § The Bond Referendum includes $218.4 million in Community Investment Plan projects to be issued in three categories on November 8, 2016: transportation, housing, and neighborhood improvement. Future Action The presentation is for information purposes only. City of Charlotte Page 3 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 3. Airport/West Corridor - Dixie Berryhill Area Roads Update Staff Resource(s): Ed McKinney, Planning Department Bill Parks, Management & Financial Services Time: 15 minutes Explanation § The purpose of the presentation is to provide City Council an update on the progress of preliminary planning for transportation infrastructure in the Dixie Berryhill Area in the area west of the Airport. § Airport/West Corridor transportation infrastructure investments were originally included in the 2016 and 2018 Bond Referenda as part of the five-year General Community Investment Plan adopted by City Council in Fiscal Year 2015. § These investments are designed to facilitate economic development as recommended in the Dixie-Berryhill Area Plan leverage proposed private investments and support development around the Airport and intermodal facility. § Funding in the amount of $44.7 million is programmed in the Community Investment Plan, with the first allocation of $16.2 million included in the November 2016 Bond Referendum § During Fiscal Year 2015, an Advance Preliminary Planning Study was conducted and completed in August 2015. § Staff will present a summary of findings from an Advanced Preliminary Planning Study and describe refinements to the scope of the road projects recommended for the Dixie Berryhill Area. Future Action The presentation is for information purposes only. City of Charlotte Page 4 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 4. Equitable Economic Development Pilot Opportunity Committee Chair: Council member James Mitchell Staff Resource(s): Kevin Dick, Neighborhood and Business Services Carlos Delgado, Rose Center, National League of Cities Time: 5 minutes Explanation § The City of Charlotte has been selected to participate in the National League of Cities (NLC), PolicyLink, and Urban Land Institute’s first-ever Equitable Economic Development Fellowship. - The Equitable Economic Development Fellowship is a two-year, $1 million effort to help equity, transparency, sustainability, and community engagement become driving forces in local economic development efforts. - Boston, Houston, Memphis, Milwaukee, and Minneapolis were also selected to participate in the inaugural year of fellowship. § The City of Charlotte’s project will focus on the community priority of ensuring economic mobility for all citizens through diversified economic development practices. On October 10 and 11, 2016 NLC members will be visiting Charlotte to meet with elected officials, City staff, and community partners to engage in discussions around: - Small business and entrepreneur capacity building, - Workforce development, - Business investment incentives, and - Business corridor revitalization. § The Equitable Economic Development Fellowship was discussed at the Economic Development and Global Competitiveness Committee meeting on September 19, 2016. Future Action The presentation is for information purposes only. 5. Midtown/Pearl Park Redevelopment Project Committee Chair: Council member James Mitchell Staff Resource(s): Randy Harrington, Management & Financial Services Pat Mumford, Neighborhood & Business Services Time: 20 Minutes Explanation § Staff has been in discussion with Pappas Properties and Terwilliger Pappas on their request for the City’s financial participation in public infrastructure improvements through a Tax Increment Grant agreement for the redevelopment of portions of Midtown and Pearl Park. § The presentation is an update on the project’s status and City elements that are part of the redevelopment. Future Action The presentation is for information purposes only. City of Charlotte Page 5 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 6. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Randy Harrington, Management & Financial Services Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 7. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(4) to go into closed session to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. City of Charlotte Page 6 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 7 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 6:30 P.M. CITIZENS' FORUM (SEPTEMBER 26 & OCTOBER 10) AND AWARDS AND RECOGNITIONS 8. National Disability Employment Awareness Month Proclamation Mayor Roberts will read a proclamation recognizing the month of October 2016 as National Disability Employment Awareness Month. 9. Red Ribbon Week Proclamation Mayor Roberts will read a proclamation recognizing the week of October 23 - 31, 2016, as Red Ribbon Week in Charlotte. 10. Driven Brands Car Care Month Proclamation Mayor Roberts will read a proclamation recognizing the month of October 2016 as Driven Brands Car Care Month. City of Charlotte Page 8 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 11. Consent agenda items 22 through 57 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 9 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 PUBLIC HEARING City of Charlotte Page 10 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 12. Public Hearing on a Resolution to Close a Portion of Abeline Road and Whitehurst Road Action: A. Conduct a public hearing to close a portion of Abeline Road and Whitehurst Road, and B. Adopt a resolution to close a portion of Abeline Road and Whitehurst Road. 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. § A portion of Abeline Road and Whitehurst Road is located in Council District 3. Petitioners Mecklenburg County - Leslie Johnson, Assistant County Manager Right-of-Way to be Abandoned The portion of Abeline Road and Whitehurst Road is located in southwest Charlotte adjacent to Irwin Creek. Reason The property abutting the right-of-way was purchased by Mecklenburg County with Federal Emergency Management Agency grant funds as part of a floodplain mitigation project. The scope of this project includes demolishing and removing both the homes and the street in order to restore the floodplain to its natural condition; thereby reducing impervious area(s) and improving water quality. 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) Clanton Park Neighborhood Association - 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 their property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 11 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Attachment Map Resolution City Council Map Whitehurst and Abeline Resolution to Close a portion of Abeline Road and Whitehurst Road City of Charlotte Page 12 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 13. Public Hearing on a Resolution to Close a Portion of China Grove Church Road and Westinghouse Boulevard Action: A. Conduct a public hearing to close a portion of China Grove Church Road and Westinghouse Road, and B. Adopt a resolution to close a portion of China Grove Church Road and Westinghouse Boulevard. 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. § A portion of China Grove Church Road and Westinghouse Boulevard is located in Council District 3. Petitioners H&C Associates, LLC - Steven G. Harris Right-of-Way to be Abandoned A residual portion of the southeast corner of the China Grove Church Road and Westinghouse Boulevard intersection. Reason The petitioner is vested in all of the abutting property and intends to reassemble this land to include a portion of China Grove Church Road and Westinghouse Boulevard. The assembly of this land will enable the petitioner to create a more viable parcel for future development. 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) - None 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 their property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 13 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Attachment Map Resolution City Council Map China Grove Church and Westinghouse Resolution to Close a portion of China Grove Church Road and Westinghouse Boulevard City of Charlotte Page 14 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 POLICY City of Charlotte Page 15 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 14. Action Items in Response to City Council Letter to the Community Action: Approve the following actions in the areas of Safety, Trust & Accountability, Housing, and Jobs: A. Support recommendations from the Charlotte-Mecklenburg Police Department (CMPD) that include: - Engaging the Police Foundation of Washington, D.C., to review CMPD policies and procedures, as well as its relationship with the community it serves, - Initiatives announced by Chief Kerr Putney on October 5, 2016 related to body worn cameras, the Citizen’s Review Board, and officer training, and - Review and implement recommendations from the President’s Taskforce on 21st Century Policing. B. Amend the City Council Strategic Policy Objectives to create 5,000 workforce and affordable housing units from five years to three years, and endorse hiring a consultant to develop a Strategic Housing Plan, C. Authorize the City Manager to negotiate and execute contracts totaling up to $1,000,000 with workforce development service providers, D. Acknowledge staff’s efforts to develop and implement new programs and program expansions in the following areas: - Charlotte-Mecklenburg Police Department’s Youth Diversion Program, - Expedited permitting and review process for affordable housing units, - Mayor’s Youth Employment Program, - Engage in Community Forums, and - Review City policies, procedures and services to help promote economic opportunity throughout the community. E. Adopt a budget ordinance appropriating $1,000,000 from Community Development Block Grant funding ($250,000) and the Fiscal Year 2015 Capital Reserve Fund ($750,000) for the workforce development pilot program. Committee Chair(s): Council member Julie Eiselt, Community Safety Council member James Mitchell, Economic Development & Global Competitiveness Council member LaWana Mayfield, Housing & Neighborhood Development Staff Resource(s): Kerr Putney, Charlotte-Mecklenburg Police Department Kevin Dick, Neighborhood & Business Services Pamela Wideman, Neighborhood & Business Services Debra Campbell, City Manager’s Office Kim Eagle, Management & Financial Services Background § On Monday, October 3, 2016, the Charlotte City Council released a Letter to the Community acknowledging the anger, frustration and need the community expressed during the recent City of Charlotte Page 16 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 protests as well as at the City Council meeting on Monday, September 26, 2016. In the Letter, Council pledged to focus its energy on the following areas: - Safety, Trust & Accountability - Access to safe, quality and affordable housing - Good paying jobs § This Council Agenda item represents the first steps Council plans to discuss and act upon related to the Letter. Explanation Action A: Safety, Trust & Accountability § The Police Foundation is an independent, non-governmental research organization based in Washington D.C. The Foundation will review Charlotte-Mecklenburg Police Department’s (CMPD) work in connection with the tragic events surrounding the September 20th officer involved shooting incident, as well as its relationship with the community prior to last month. The assessment will include input from a diverse group of community members, and will result in recommendations for moving forward. The Police Foundation’s work will be influenced by and shared with all members of the community. § In addition to the work of the Police Foundation, CMPD is also committed to several short-term initiatives including: - Solidify and making public CMPD’s procedures for releasing body worn camera footage, - Continue making preparations to equip tactical officers with body worn cameras, - Continue discussing the possibility of subpoena powers for the Citizens Review Board with its External Advisory Committee, and - Review policies, procedures and training related to de-escalation techniques. § Staff will continue to review and implement the recommendations from the President’s Taskforce on 21st Century Policing. Committee Discussion § On September 15, 2016, Police Chief Kerr Putney provided an overview of the President’s Taskforce on 21st Century Policing and the efforts of CMPD to consider and implement the recommendations to the Community Safety Committee. (Eiselt, Austin, Kinsey, Phipps and Smith). Action B: Housing § At the Council Retreat held in January 2016, there was considerable conversation around the need for an additional 34,000 affordable housing units for low and moderate income households who desire to live in Charlotte. During Council’s discussion of their Strategic Policy Objectives, a goal was established to create 5,000 workforce and affordable housing units in five years. Approval of this action would accelerate and change the timeframe for delivering the 5,000 units from 5 to 3 years. § Staff is also recommending that a Strategic Housing Plan be developed. The Plan would serve as the comprehensive affordable housing strategy for the City of Charlotte. § The Plan will include: - An assessment of the current and projected affordable and workforce housing needs, - Recommendations on strategic policies and programs to help meet the needs and disperse the units throughout Charlotte, and - Projected timelines and schedules as to numbers of units that could be delivered based on implementation of various strategies. Committee Discussion § On September 7, and October 5, 2016, Neighborhood & Business Services staff presented the Strategic Housing Plan approach to the Housing & Neighborhood Development Committee. It was supported by the members present at both the September 7, 2016 (Mayfield, Austin, and Autry. Driggs and Kinsey were absent) and the October 5, meeting (Mayfield, Austin, Autry and Driggs. Kinsey was absent). City of Charlotte Page 17 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Actions C and E: Jobs § A workforce development program provides skills and training as well as supportive services to help people obtain and keep a job. § The program proposes to address identified labor market shortages and to increase employment among individuals with multiple barriers to employment. Program objectives are for participants to complete training, be placed into training-related career paths and to provide opportunities for more positive outcomes such as job retention, promotions, pre-apprenticeships, and apprenticeships. § Participants will be provided with mentoring and coaching and will have other supportive services to address needs which may impact job performance. The program will initially serve 180 participants and target individuals who have experienced difficulty in finding and sustaining employment. § Request is for the use of up to $1,000,000, consisting of up to $250,000 in Community Development Block Grant funds and up to $750,000 in City General Capital Reserves, to operate a workforce development program in the building construction, highway construction, and fiber optic industries with workforce development service providers, including Goodwill Industries of the Southern Piedmont and the Urban League of Central Carolinas. § Staff will continue to identify program enhancement opportunities and work to secure additional service providers, program funders, and other community partners with a goal of involving over 500 participants. Committee Discussion § On September 19, 2016, Neighborhood & Business Services staff made a presentation on the workforce development pilot program to the Economic Development & Global Competitiveness Committee. Committee members, (Mitchell, Lyles, Driggs, Eiselt, and Mayfield) voted unanimously to approve the funding, which at the time was originally proposed to be $250,000 based on a less aggressive program. Since the meeting and in response to community feedback, the program has been expanded to include additional participants and up to $750,000 in additional funding. Action D § The CMPD Youth Diversion Program serves youth that are at risk or involved in criminal activity. It is designed to reduce the number of youth referred to the criminal justice system. CMPD will explore the opportunity to expand the program and also link youth served in the program with existing youth job programs in the City. § An expedited permitting and review process for current and future affordable housing developments will enable both for profit and not for profit developers to deliver these housing units to the market faster. § Staff is assessing an expansion of the Mayor’s Youth Employment Program to serve more youth, increase the number of employers participating, expand the types of employment opportunities, and integrate the Mayor’s Youth Employment Program with other youth initiatives. § Staff from the Charlotte-Mecklenburg Community Relations Committee, in partnership with the Community Building Initiative, are working to develop community forums to gather initial feedback on the actions City Council outlined in the Letter to the Community, identify future actions and potential partnerships. These forums will be held throughout the City. § Staff will identify ways that the City can remove barriers and promote economic opportunity by evaluating existing City services, programs and policies. Staff’s work will be coordinated with findings and recommendations from the Economic Opportunity Task Force. § Council will hear more about these efforts at upcoming Council Committee meetings, Council Workshops and Council Business Meetings. Fiscal Note Funding: Community Development Block Grant, General Capital Reserves, and Various General Fund Operating Budgets City of Charlotte Page 18 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Attachment Charlotte City Council Letter to the Community October 3, 2016 September 19, 2016 presentation to Economic Development & Global Competitiveness Committee September 19, 2016 Workforce Development Program Summary Budget Ordinance Letter to the Community - 10.3.16 - Charlotte City Council Workforce Development Pilot Proposal WFD Training Pilot 9816 Budget Ordinance for Workforce Development Pilot 15. City Manager’s Report City of Charlotte Page 19 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 BUSINESS 16. Appointment to the Charlotte International Cabinet Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the Cultural/Ethnic category for an unexpired term beginning immediately and ending June 30, 2018. - Allison Braden, nominated by Council members Fallon and Kinsey - Momina Fairdi, nominated by Council members Eiselt and Phipps - Padma Nunna, nominated by Council member Driggs - Regina Owens, nominated by Council member Mitchell - Deepti Panjabi, nominated by Council members Austin and Autry Attachment Charlotte International Cabinet Applicants 17. Appointment to the Charlotte Regional Visitors Authority Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the At-large category for an unexpired term beginning immediately and ending June 30, 2019. - Peter Grills, nominated by Council members Driggs, Fallon, Phipps, and Smith - Matthew Hirschy, nominated by Council members Autry and Kinsey - Felicia Hall Allen, nominated by Council members Austin, Eiselt, Lyles, and Mitchell (NOMINATION DECLINED BY CANDIDATE) Attachment Charlotte Regional Visitors Authority Applicants City of Charlotte Page 20 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 18. Appointment to the Community Relations Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2019. - Alicia Benjamin, nominated by Council member Autry - Alyssa Brown, nominated by Council member Kinsey - Beverly Corpening, nominated by Council member Fallon - Jared Fawley, nominated by Council member Driggs - Daniel Freeman, nominated by Council member Driggs - Gary Young II, nominated by Council members Austin, Eiselt, Fallon, Mitchel, and Phipps Attachment Community Relations Committee Applicants 19. Appointment to the Housing Appeals Board Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the City Within a City Tenant category for an unexpired term beginning immediately and ending December 31, 2016, and then continuing for a full three-year term beginning January 1, 2017, and ending December 31, 2019. § THE FOLLOWING APPLICANTS DO NOT FALL UNDER THE REQUIRED CATEGORY: - Momina Faridi, nominated by Council member Fallon - Regina Tisdale, nominated by Council member Autry Attachment Housing Appeals Board Applicants City of Charlotte Page 21 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 20. Appointments to the Tree Advisory Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning September 17, 2016, and ending September 16, 2019. § One appointment for an unexpired term beginning immediately and ending December 13, 2018. - Tarik Hameed, nominated by Council members Autry, Fallon, and Kinsey - Mitchell Hughes, nominated by Council members Austin, Driggs, Phipps, and Smith - Robbie Kirk, nominated by Council members Kinsey and Phipps - J. Mark Smith, nominated by Council members Austin, Driggs, and Smith Attachment Tree Advisory Commission Applicants 21. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 22 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 CONSENT 22. Voluntary Annexation Public Hearing Date Action: Adopt a resolution setting a public hearing for November 14, 2016 for a voluntary annexation petition. Staff Resource(s): Jonathan Wells, Planning Explanation § The City has received a petition for voluntary annexation of private property. § The 258.96-acre “Cresswind Charlotte I” site is located on the north side of Albemarle Road in the 12400 block of Albemarle Road in eastern Mecklenburg County. - The property is currently vacant with exception of segments of boundary roads (Interstate 485, Albemarle Road, Rocky River Church Road). - The petitioner has plans to develop the property with an age-restricted residential community containing 502 dwelling units. - The property is zoned MX-1(Innov) - mixed use innovative, and NS - neighborhood services. § The property is located immediately adjacent to City Council District 5. § Public hearings are required prior to City Council action on annexation requests. § The property is located within Charlotte’s extraterritorial jurisdiction. § Area proposed for annexation shares boundaries with current city limits. § Annexation of this area at this time will allow for more orderly land development review, extension of City services, capital investments, and future annexation processes. Consistency with City Council Policies § The “Cresswind Charlotte I” annexation is consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; - Will not have undue negative impact on City finances or services; and - Will not result in a situation where unincorporated areas will be encompassed by new City limits. Public Hearing Date The resolution sets Monday, November 14, 2016, for the public hearing. Attachment Map Resolution Map for RCA Resolution setting hearing City of Charlotte Page 23 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 23. National Sexual Assault Kit Initiative Grant Action: A. Authorize the City Manager to accept a grant in the amount of $1,125,606 from the U.S. Department of Justice over a three year period to test backlogged sexual assault kits and hire personnel for the Charlotte-Mecklenburg Police Department’s Crime Laboratory Division and Sexual Assault Unit, and B. Adopt a budget ordinance appropriating $1,125,606 in grant funds from the U.S. Department of Justice. Staff Resource(s): Melanie Peacock, Police Matthew Mathis, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) has been awarded a grant from the U.S. Department of Justice for the National Sexual Assault Kit Initiative. § On September 28, 2015, City Council authorized the City Manager to accept a grant from the New York County District Attorney’s Office to address unprocessed sexual assault kits. - With the grant, CMPD processed 885 backlogged sexual assault kits. § CMPD will use its most recent sexual assault kit grant to fund the following: - $886,653 for staffing costs to hire a full-time DNA Criminalist Analyst, Sexual Assault Advocate, and Site Coordinator; in addition to hiring two part-time retired police officers to work on follow-up investigations cases, - $202,500 to test all remaining backlogged sexual assault kits (totaling approximately 300 kits), - $21,340 to purchase hospital evidence and DNA supplies, - $10,000 for Property & Laboratory Information Management System application add-on to more readily link offenders that generate a profile in the Combined DNA Index System, and - $5,113 to provide travel and training expenses for staff. § The total amount of the grant award is $1,125,606. This grant does not require the City to match funds. § The grant period is October 1, 2016, through September 30, 2019. § The City must accept this award by November 10, 2016. § At the conclusion of the grant, CMPD will evaluate the need for the grant-funded positions. Fiscal Note Funding: U.S. Department of Justice, Bureau of Justice Assistance, National Sexual Assault Kit Initiative Grant Attachment Budget Ordinance CMPD_DOJ_SexualAssault KitsGrant_Ord_10-10-16 City of Charlotte Page 24 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 24. 2016 National Crime Statistic Exchange Implementation Assistance Program Action: A. Authorize the City Manager to accept a grant from the U.S. Department of Justice, in the amount of $318,624, from the Office of Justice Programs, Bureau of Justice Statistics a 2016 National Crime Statistics Exchange Implementation Assistance Program: Phase III-Support for Large Local Agencies, B. Approve contract amendment #2 in the amount of $198,624 with Saama Technologies for services to modify, implement, and maintain processes to extract crime statistic data and submit to the North Carolina Data Exchange, C. Authorize the City Manager to amend a contract with Saama Technologies for a term that coincides with the end date of the grant with possible price adjustments or changes to services consistent with the City’s business needs and the purpose for which the contract was approved, and D. Adopt a budget ordinance appropriating $318,624 in grant funds from the U.S. Department of Justice. Staff Resource(s): Katrina Graue, Police Crystal Cody, Police Explanation § The Bureau of Justice Statistics (BJS) is spearheading the National Crime Statistics Exchange (NCS-X), a program designed to generate nationally-representative incident-based data on crimes reported to law enforcement agencies. § A grant opportunity was made available for agencies with more than 750 sworn officers, providing funds to enable those departments to participate in the NCS-X program. § The Charlotte-Mecklenburg Police Department (CMPD) applied for and has been awarded the grant. § CMPD will use grant funds for contract services to change from its current North Carolina Incident-Based Reporting System (NCIBRS) reporting platform to the North Carolina Data Exchange (NCDEx) reporting platform which will feed the National Crime Statistics Exchange (NCS-X) at the federal level. § In June 2014, the City Manager approved a services contract with Sypherlink in the amount of $97,130 to create extracts from the Knowledge-Based Community Oriented Policing System (KBCOPS) in support of the Law Enforcement Information Exchange (LiNX) program. - Sypherlink was purchased by Saama Technologies in 2016. - Contract amendment #1 was executed on July 22, 2016 to recognize the change in company ownership. § Under contract amendment #2 in the amount of $318,624, services from Saama Technologies will include modifying existing data extracts created from KBCOPS based on specifications provided by the NCDEx program and completing validation of data processing. § The balance of grant funds in the amount of $120,000 will be used to fund contractual testing resources to validate data extracts and complete testing with the State Bureau of Investigation. - Testing resources will be selected through existing City contracts. § The initial maintenance costs associated with this grant is $6,480 (with an increase each year not to exceed 5%), which will be funded through the Police Operating Budget. § The grant does not require the City to match funds. § The grant period runs from October 1, 2016, to September 30, 2018. Background City of Charlotte Page 25 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 § CMPD developed and uses the KBCOPS, a custom records management system containing all crime reports for CMPD. § The City uses KBCOPS to submit crime statistics monthly to the NC State Bureau of Investigations using the North Carolina Incident based Reporting System. § CMPD must modify the existing reporting based on specifications provided for the new crime statistic reporting platform being implemented by the NC State Bureau of Investigations, and the North Carolina Data Exchange. Fiscal Note Funding: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2016 National Crime Statistics Exchange Implementation Assistance Program Attachment Budget Ordinance CMPD_DOJ_2016 National Crime Stat Exchange Implementation_Ord_10-10-16 City of Charlotte Page 26 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 25. Public Safety Computer-Aided Dispatch Maintenance Contract Amendment Action: A. Approve contract amendment #5 for a term of three years with Intergraph Corporation to provide software maintenance and on-site system support for the Charlotte-Mecklenburg Police Department Computer-Aided Dispatch System, B. Authorize the City Manager to approve price adjustments and amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded, C. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, and D. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system. Staff Resource(s): Katrina Graue, Police Crystal Cody, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) uses the Computer Aided Dispatch system to document 911 calls for service and dispatch police officers to events across the jurisdiction. The system was implemented in September, 2001. § In September, 2001, the City Council approved a maintenance agreement with Intergraph Corporation for an initial term of six years with options to renew subsequent one year terms. - In October, 2008, the City Council approved contract amendment #1 that modified the renewal term to a three-year term. - In November, 2011, the City Council approved contract amendment #2 that modified the payment terms, software services, add part-time, on-site maintenance services, and extended the renewal term to five years. - In June, 2012, the City Manager approved contract amendment #3 that authorized a full-time, on-site support engineer for a period of one year. - In September, 2013, the City Manager approved contract amendment #4 that authorized an additional term of four years for full-time, on-site support engineer services. § Contract amendment #5 is required to further extend the maintenance and support services for an additional three years. § Due to the proprietary nature of the system, the City is contractually obligated to Intergraph Corporation for maintenance services. § CMPD seeks to continue the maintenance and support contract for as long as CMPD is licensed to use the system. § Contract expenditures are estimated to be $410,038 for the first year. § The contract includes an estimated annual increase not to exceed 5% per year for maintenance and support each year. § The contract is fully funded by the Public Safety 911 Services Fund. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). City of Charlotte Page 27 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Fiscal Note Funding: Public Safety 911 Services Fund 26. 2015 Assistance to Firefighters Grant Acceptance Action: A. Authorize the City Manager to accept a grant in the amount of $1,401,750 from the U. S. Department of Homeland Security, Federal Emergency Management Agency, and B. Adopt a budget ordinance appropriating $1,401,750 in Department of Homeland Security grant funds. Staff Resource(s): Kevin Gordon, Fire Explanation § The Assistance to Firefighters Grant is a competitive federal grant program that the Charlotte Fire Department (CFD) applies for annually. § CFD will use the grant funds to purchase additional personal protective equipment, such as turnout gear, helmets, boots, hoods, and gloves. § CFD has 1,044 fire operations staff that each require a set of turnout gear. § The National Fire Protection Association recommends replacing all protective clothing every 10 years, or when the garments are damaged to the point of noncompliance. § To date, nearly 700 sets of turnout gear are approximately 10 years old. - CFD purchases approximately 50 new sets of turnout gear each fiscal year. § Specifically, the grant will allow CFD to purchase 700 sets of turnout coats, 700 sets of turnout pants, and 250 pairs of gloves, hoods, helmets, and boots. Essentially, allowing CFD to replace the 700 sets of coats and pants nearing 10 years old. Hoods, gloves, helmets, and boots usually have a longer lifespan and are replaced as needed. § The additional turnout gear will be used to ensure old and worn turnout gear is replaced and help CFD move towards its ultimate goal of providing two sets of turnout gear for each operations staff. Two sets will help with the regular laundering, maintenance, and extend the average useful life of turnout gear. - Turnout gear absorbs toxins; therefore, it is essential to have additional gear to use while the primary gear is being repaired and or laundered. - Proper maintenance and exchange of turnout gear is essential for the health and safety of firefighters. § The total amount of the grant award is $1,401,750. The City is required to provide a local match of $127,431, which is funded from CFD’s operating budget. Fiscal Note: Funding: Assistance to Firefighters Grant and Charlotte Fire Department Operating Budget Attachment Budget Ordinance Budget Ordinance 10.10.2016 City of Charlotte Page 28 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 27. Planning Services for Comprehensive Neighborhood Improvement Projects Action: A. Approve a contract with AECOM Technical Services of North Carolina for planning services of the following: - Five Points Plaza project in the amount of $180,000, and - I-77/West Trade Street Underpass Improvements in the amount of $215,000, and B. Approve a contract with STV Engineers, Inc. for planning services of the following: - Matheson/The Plaza/Shamrock Intersection Study in the amount of $120,592, and - Shamrock Drive Street Improvements in the amount of $375,000. Staff Resource(s): Lamar Davis, Engineering & Property Management Mark Grimshaw, Engineering & Property Management Explanation § The contracts will provide engineering planning services for Five Points Plaza, I-77/West Trade Street Underpass Improvements, Matheson/The Plaza/Shamrock Intersection Study, and Shamrock Drive Street Improvements including but not limited to: - Public involvement, - Alternative analysis, - Conceptual plans, - Cost estimates, - Storm drainage analysis, and - Traffic analysis. § The City Council approved the projects as part of the City’s Fiscal Years 2014-2018 General Community Investment Plan. § On February 26, 2016, a Request for Qualifications (RFQ) was advertised for advanced preliminary planning to begin work on the 2014 Comprehensive Neighborhood Improvement Program (CNIP). In response to the RFQ, the City received 20 proposals from interested professional service providers. § The project team, consisting of staff from Engineering & Property Management and Neighborhood & Business Services, evaluated the proposals and determined that AECOM Technical Services of North Carolina, Inc. and STV/Ralph Whitehead and Associates, Inc. are the best qualified firms to meet the City’s needs in terms of competence and professional services qualifications for two of the five CNIP areas. A total of eight consultants were selected out of the 20 submittals. Additional awards for CNIP projects are forthcoming in the next few months with the remaining selected consultants. - AECOM was awarded the Five Points Plaza and I-77/West Trade Underpass Enhancement projects. - STV Engineers, Inc. was awarded the Matheson/the Plaza/Shamrock Intersection Study and the Shamrock Drive Street Improvements projects. § As part of the contracts, the City included an option to continue services with the selected consultants as an incentive for good performance for the consultants to provide planning services. § Design and construction administrative services may be awarded as an incentive for good performance, including meeting the project schedules, fulfilling planning deliverables, and remaining within the project budget. Action A § The contracts with AECOM Technical Services of North Carolina, Inc. (AECOM) will provide planning City of Charlotte Page 29 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 services for the following projects identified in the West Trade/Rozzelles Ferry Comprehensive Neighborhood Improvement Program: - Five Points Plaza: This project will provide landscaping, pedestrian lighting, sidewalks, crosswalks, way finding signage, and other aesthetic features at the intersection of West Trade Street, State Street, Beatties Ford Road, and Rozzelles Ferry Road. The project goals are to create connections between Johnson C. Smith University green spaces and surrounding neighborhoods for citizens using the CityLYNX Gold Line. - I-77/ West Trade Street Underpass Improvements: This project will include landscaping, aesthetic improvements, way finding signage, pedestrian lighting, and wider sidewalks. The project goals include improving safety for pedestrians, bicyclists, and motorists traveling east and west of the Underpass Bridge. § Both the Five Points Plaza and I-77/West Trade Street Underpass Enhancement projects will complement the improvements proposed for the CityLYNX Gold Line and AECOM is also the consultant for the CityLYNX Gold Line Phase 2 project. § These projects are funded through the approved 2014 Bond Referendum for the West Trade Street/Rozzelles Ferry Road CNIP projects. Action B § The contracts with STV Engineers, Inc. will provide planning services for the following projects identified in the Central/Albemarle/Shamrock CNIP: - Matheson/The Plaza/Shamrock Intersection Study: This study will analyze intersection re-design options to better connect the neighborhoods on either side of The Plaza, creating easier access to shopping along the corridor and into the North Davidson (NoDa) area and the Blue Line Extension (BLE). This study will refine the alignment options that would help make a more seamless multimodal corridor. - Shamrock Drive Street Improvement Projects: This project will widen Shamrock Drive between The Plaza and Eastway Drive to create a “complete street” to better serve bicyclists, pedestrians, motorists, and adjacent neighborhoods. The project will include turn lanes, sidewalks, bike lanes, and crossings to help create a better bicycle/pedestrian connection between Eastway and The Plaza and, eventually, to NoDa and the BLE. § These projects are funded through the 2014 Bond Referendum for the Central Avenue /Albemarle Road/Shamrock Drive CNIP projects. Charlotte Business INClusion Five Points Plaza The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). AECOM Technical Services has committed 17.20% ($30,974) of the total contract amount to the following certified firms: · Neighboring Concepts (SBE) ($28,604) (streetscape) · Joel E. Woods (SBE) ($2,370) (geotechnical) I-77/ West Trade Underpass Improvements The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). AECOM Technical Services has committed 16.10% ($34,148) of the total contract amount to the following certified firms: · Neighboring Concepts (SBE) ($30,908) (streetscape) · Joel E. Woods (SBE) ($3,240) (geotechnical) Matheson/The Plaza/Shamrock Intersection Study The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). STV has committed 10% ($12,000) of the total contract amount to the following certified firms: · Progressive Design Group (SBE) ($12,000) (traffic analysis and alternative analysis) City of Charlotte Page 30 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Shamrock Drive Street Improvements The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). STV has committed 10.24% ($38,385) of the total contract amount to the following certified firms: · The Dodd Studio (SBE) ($9,000) (planning services) · Progressive Design Group (SBE) ($20,385) (engineering services) · TOMEFOG (SBE) ($9,000) (engineering services) Fiscal Note Funding: General Community Investment Plan Attachment Maps Location Map - Comprehensive Neighborhood Improvement Projects City of Charlotte Page 31 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 28. Oak Park and Stonehaven East Apartments Bond Issuance Approval Action: A. Adopt a resolution granting the Charlotte Housing Authority’s request to issue multi-family housing revenue bonds in an amount not to exceed $15,500,000 to finance acquisition and rehabilitation of Oak Park at Nations Ford Apartments by Oak Park NC, LP, and B. Adopt a resolution granting the Charlotte Housing Authority’s request to issue multi-family housing revenue bonds in an amount not to exceed $17,500,000 to finance the acquisition and rehabilitation of Stonehaven East Apartments by Stonehaven NC, LP. Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Zelleka Biermann, Neighborhood & Business Services Explanation § The Charlotte Housing Authority (CHA) is requesting the City adopt a resolution authorizing the issuance of multi-family housing revenue bonds for Oak Park at Nations Ford Apartments, a 202 - unit affordable housing development community. The community was constructed in 1972 and is located at 103 Dinadan Drive. § The CHA bonds, not to exceed $15,500,000 for Oak Park, will be used to finance the acquisition and rehabilitation of the development by Charlotte Oak Park NC, LP. § CHA is also requesting the City adopt a resolution authorizing the issuance of multi-family housing revenue bonds for Stonehaven East Apartments, a 240 - unit affordable housing development community. The community was constructed in 1980 and is located at 7000 Fernwood Drive. § The CHA bonds, not to exceed $17,500,000 for Stonehaven, will be used to finance the acquisition and rehabilitation of the development by Stonehaven NC, LP. § These multi-family developments will continue to serve households earning 60% or below the area median income ($40,200). Rehabilitation will include the following improvements: new kitchens, landscaping, sidewalk repairs, stairway repairs, recreation area improvements, new bathrooms, replacement of doors and windows, as well as new high-efficiency heating and air conditioning units. § Approval of this request is required by the governmental unit having jurisdiction over the area where the development is located to satisfy Section 147(f) of the Internal Revenue Service Code of 1986 and will not obligate the City financially or impact the proposed Community Investment Plan. Attachment Resolutions Active_80797227_1_CHA - Oak Park - Approval in Principle Resolution Active_80797249_1_CHA - Stonehaven - Approval in Principle Resolution City of Charlotte Page 32 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 29. South Tryon Street - Street Lighting Agreement with Duke Energy Action: Authorize the City Manager to negotiate and execute a service agreement in an amount up to $150,000 with Duke Energy for the installation of street lighting along South Tryon Street from Arrowood Road to Carowinds Boulevard. Staff Resource(s): Angela Berry, Charlotte Department of Transportation Tom Sorrentino, Charlotte Department of Transportation Explanation § Charlotte Department of Transportation (CDOT) will make a one-time, upfront payment to Duke Energy for street lighting installation along South Tryon Street from Arrowood Road to Carowinds Boulevard. § The street lighting project is being implemented in response to safety concerns communicated from the Charlotte-Mecklenburg Police Department. § Street lighting along this section of South Tryon Street was also requested and is supported by residents and businesses of the adjacent communities of the Town of Ayrsley and Whitehall Business Park. § The monthly energy and maintenance bill will be paid by the CDOT as part of the public lighting agreement between the City of Charlotte and Duke Energy. The standard monthly costs-per-light will apply for these lights. § The payment estimate is based upon the installation of 165 street lights and a 10% contingency. § If approved, the additional lighting will have an on-going operating cost to the City’s General Fund of approximately $4,125 per month. Disadvantaged Business Enterprise (DBE) Opportunity Pursuant to Department of Transportation DBE Program, subpart C, no DBE utilization goal was set for this solicitation and resultant due to no subcontracting opportunities. Fiscal Note Funding: General Community Investment Plan Attachment Map Street Lighting Agreement - S Tryon St City of Charlotte Page 33 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 30. Professional Engineering Services for Small Water and Sewer Related Projects Action: Approve a professional engineering services contract in the amount of $300,000 with Willis Engineers, Inc. for design and construction inspection services of small water and sewer related projects. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The contract with Willis Engineers, Inc. is for the design and construction inspection services of small diameter water and sanitary sewer mains as well as locating and overseeing installation of water quality sampling stations and automatic flushing devices to analyze and improve water quality for Charlotte Water customers. § Engineering consultants are used to supplement City staff resources. This contract will provide preliminary and final design, drafting services, and inspection services as needed. § On March 22, 2016, the City issued a Request for Qualifications (RFQ) for Professional Engineering Services for Small Water and Sewer Related Projects. In response to the RFQ, the City received seven proposals from interested professional service providers. § Charlotte Water staff evaluated the proposals and determined that Willis Engineers, Inc. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). However, Willis Engineers, Inc. is a City SBE. Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 34 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 31. Vest Water Treatment Plant Improvements Design, Construction Administration, and Inspection Services Action: Approve a contract in the amount of $2,750,733 with Black and Veatch International Company for design, construction administration, and inspection services for the Vest Water Treatment Plant Improvements. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § On April 13, 2015, the City Council approved a contract with Black and Veatch International Company to complete a Preliminary Engineering Report on the Vest Water Treatment Plan (WTP) Upgrades. - The report recommended a three-phase approach to completing the upgrades over the next six years. - The estimated cost of all three phases is $22,895,000 including cost escalations for future years. § Charlotte Water seeks to contract with Black and Veatch International Company for the design and permitting of all three phases, construction administration, and inspection services for phase one. § On September 16, 2014, the City issued a Request for Qualifications (RFQ) for Water Treatment Plant Improvement projects. In response to the RFQ, the City received five proposals from interested service providers. § Due to the integral nature of all the improvements at the Vest WTP, staff decided to prepare the design for all three phases up front so the interrelationships between the three phases would be accounted for during design. § Charlotte Water staff evaluated the proposals and determined that Black and Veatch International Company best meets the City’s needs in terms of qualifications and experience. § Beginning in 2019, additional contracts with Black and Veatch will be presented to the City Council for phases two and three. These contracts will provide for design, construction administration, and inspection services similar to the contract for phase one. Background § Charlotte Water owns and maintains three water treatment plants in Mecklenburg County. The Vest Water Treatment Plant (WTP) is the oldest and is located in West Charlotte. § The WTP was built in 1927 and currently has a treatment capacity of 24 million gallons per day. Some of the treatment equipment used to treat the water is the original equipment installed in the plant and has reached the end of its useful life. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Black & Veatch International Company committed 9.58% ($263,500) of the total contract to the following certified firms: · Southeastern Consulting Engineers, Inc. (SBE) ($228,500) (electrical services) · CES Group Engineers, LLP (SBE, WBE) ($35,000) (subsurface utility locates) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Vest WTP Map City of Charlotte Page 35 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 32. Ultraviolet System at Wastewater Treatment Plants Action: A. Approve the purchase of ultraviolet systems at wastewater treatment plants, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve unit price contracts with Xylem Water Solutions USA Inc., Suez Treatment Solutions, and EW2 Environmental, Inc. for the purchase of ultraviolet system equipment bulbs and replacement parts at wastewater treatment plants for a term of one year, and C. Authorize the City Manager to renew the contracts up to four, 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): Jackie Jarrell, Charlotte Water Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. These vendors are the only distributors for their individual products. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water uses ultraviolet (UV) light in place of chlorine to disinfect wastewater. § Replacement of UV bulbs is an ongoing and expected part of routine preventative maintenance, and these replacement bulbs and miscellaneous parts must be compatible with the existing vendors’ equipment. § At the time of the original purchase of the equipment, it was determined that Xylem Water Solutions USA Inc., Suez Treatment Solutions, and EW2 Environmental, Inc., were the best value solution for each of the wastewater treatment plants. The purchases of the original equipment were determined through a competitive process. § Charlotte Water needs to purchase replacement parts for the equipment and only original manufactured parts are allowed or it voids the warranty of the equipment. § Estimated five year expenditures are $2,000,000 for Xylem Water Solutions USA Inc., $1,250,000 for Suez Treatment Solutions, and $250,000 for EW2 Environmental, Inc. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 36 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 33. Charlotte Water Hauling Services Action: A. Approve unit price contracts with the following companies to provide hauling services for an initial term of one year: - McGirt Hauling Co. - Silverback Brothers, LLC, and B. Authorize the City Manager to renew the contracts for up to two additional, one year terms. Staff Resource(s): Angela Lee, Charlotte Water Explanation § This contract provides for annual hauling of dirt, rocks, tree stumps, and other debris from Charlotte Water construction and repair sites throughout Mecklenburg County on an as-needed basis for Charlotte Water. § The contractor will also pick up fill material from three suppliers and deliver to Charlotte Water’s four Field Operation zone locations. § On August 16, 2016, the City issued a Request for Proposals (RFP) for Hauling Services. In response to the RFP, the City received two proposals from interested service providers. § The Project Team, consisting of staff from Charlotte Water’s Field Operations Division, evaluated the proposals and determined that McGirt Hauling Co. and Silverback Brothers, LLC meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Annual expenditures are estimated to be $350,000. Charlotte Business INClusion No subcontracting goals were established because there are no opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Silverback Brothers, LLC is an SBE and MBE. Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 37 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 34. Water Quality Sampling Stations Action: Award a unit price contract to the lowest responsive bidder Fortiline Waterworks for the purchase of water quality sampling stations for a term of one year. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water collects thousands of water samples per year within its service area to assure a safe supply for customers. Traditionally, these samples have been taken from faucets and outdoor spigots of individual businesses on a voluntary basis, which is becoming increasingly problematic due to the turnover of businesses and cleanliness of the sampling point. § A more representative sample of the water in the water distribution system can be determined when the sampling location is under the control of Charlotte Water. Sampling stations are connected directly to the water main and provide a representative sample of the water flowing through it. § Charlotte Water plans to install approximately 500 stations over the next several years. § On August 16, 2016, the City issued an Invitation to Bid for the purchase of water quality sampling stations; three bids were received from interested service providers. § Fortiline Waterworks was selected as the lowest responsive, responsible bidder. § The estimated annual spend is $143,200 for approximately 200 sampling stations. Charlotte Business INClusion No subcontracting goals were established because there are no opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Picture of Sampling Station Kupferle Model 88-SS Sampling Station with Pedestal City of Charlotte Page 38 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 35. Charlotte Water Security Monitoring and Patrol Services Action: A. Approve a unit price contract with Harrisburg Security, Inc. for after-hours security monitoring and patrol services for an initial term of eight months, and B. Authorize the City Manager to renew the contract for up to two additional, one year terms with possible price adjustments. Staff Resource(s): Ron Hargrove, Charlotte Water Explanation § After-hours monitoring and patrol services (combined with existing physical security, safety procedures, and relationships with public safety) will support a safer working environment for on-duty employees at Charlotte Water-operated facilities. The contracted work would occur nights, weekends and holidays, and the vendor will work seamlessly with utility staff and local law enforcement to provide added security for publicly owned critical infrastructure. § On July 20, 2016, the City issued a Request for Proposal (RFP) and received four proposals from interested service providers on August 11, 2016. § Charlotte Water staff evaluated the proposals, interviewed two finalists on August 29, 2016 and determined that Harrisburg Security best meets the City’s needs in terms of experience, proposed solution, staffing, cost and responsiveness to RFP requirements. § Estimated expenditures for the initial term are $120,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Harrisburg Security Inc., is a City SBE. Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 39 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 36. Mallard Creek Wastewater Treatment Plant Centrifuge Improvements Action: Award a contract in the amount of $796,026 to the lowest responsive bidder Wharton-Smith, Inc. for the centrifuge improvements at Mallard Creek Wastewater Treatment Plant. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The Mallard Creek Wastewater Treatment Plant (WWTP) is located near the county line off US Highway 29. § The WWTP uses two centrifuges to remove excess water from sludge prior to disposal. Centrifuges are very large machines that spin at very high speeds. § The project includes the replacement of a smaller centrifuge that was installed in 1993, which does not meet minimum efficiency requirements. In addition, it includes the replacement of all four centrifuge control panels and limited modifications to the piping and conveyance systems within the biosolids handling building. § On July 28, 2016, the City issued an Invitation to Bid for Mallard Creek WWTP Centrifuge Improvements; four bids were received from interested service providers. § Wharton-Smith, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by spring of 2018. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part B: Section 2.3) of the Charlotte Business INClusion Policy. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Mallard Creek WWTP Map City of Charlotte Page 40 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 37. Leak Detection Services for Charlotte Water Action: A. Approve a unit price contract to Olameter DPG LLC to provide leak detection services for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to two additional, one year terms. Staff Resource(s): David Czerr, Charlotte Water Explanation § Leak detection services are used to determine unknown high-bill consumptions for residents and for locating leaks on water mains prior to excavation. § The contract with Olameter DPG LLC provides leak detection services on an as-needed basis throughout Mecklenburg County for City-owned public water and sewer mains and private property leaks. § On June 27, 2016, the City issued a Request for Proposal (RFP) for Leak Detection Services. In response to the RFP, the City received two proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Olameter DPG LLC best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Annual expenditures are estimated to be $60,000. Unit prices will remain the same throughout the contract renewals. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 41 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 38. Cornelius Park and Ride Lot Action: Award a construction contract in the amount of $2,759,190 to the lowest responsive bidder Southside Constructors, Inc. for the Cornelius Park and Ride Lot. Staff Resource(s): John Lewis, Charlotte Area Transit System David McDonald, Charlotte Area Transit System Explanation § The project includes constructing a new CATS-owned park and ride lot in Cornelius, at 20300 Sefton Park Road in Cornelius, NC. § The facility will include 355 parking stalls, bicycle parking, a driver comfort station, passenger shelter area, video surveillance, and blue-light telephone stations. § On August 22, 2016, the City issued an Invitation to Bid for the Cornelius Park and Ride Lot; three bids were received from interested service providers. § Southside Constructors, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the second quarter of 2017. Disadvantaged Business Enterprise Opportunity Established DBE Goal: 10.0% Committed DBE Goal: 12.4% Southside Constructors, Inc exceeded the established DBE subcontracting goal, and committed 12.4% ($342,532) of the total contract amount to the following firm: · Dixon Paving DBE, ($342,532) (asphalt paving) Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 42 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 39. Amended and Restated Agreement with Host International, Inc. Action: Approve an amended and restated Concession Agreement with Host International, Inc. extending the agreement for 10 additional years. Staff Resource(s): Brent Cagle, Aviation Explanation § On August 25, 2003, the City Council approved an amended and restated concession agreement with Host International, Inc. (Host) pursuant to which Host serves as the Airport’s food and beverage master concessionaire. § As a master concessionaire, Host invests in concession spaces with upfits and finishes to create updated and inviting restaurant concepts. Over the past five years alone, Host’s total investments throughout the Airport exceed $16 million. § Host also pays the City a fair market value rental rate for the food and beverage concession locations, as well as 50% of its profits from the food and beverage concession. In Fiscal Year 2015, Host paid the City $25,723,713 in combined rents and fees. § On June 25, 2012, the City Council approved a design contract for a new food court and an amendment to exercise a five-year extension to the Host contract so that food and beverage venues could be provided in this new area. The anticipated opening was six years prior to the end of their contract. § In preparation for the new food court, Host began the necessary planning, design, and contractual processes with vendors including Airport Concession Disadvantaged Business Enterprises (ACDBEs). However, due to changes in the City’s construction schedule, the food court opening date was changed to 2018. This leaves only two years on the Host contract, which is a financially unreasonable amount of time to amortize the required investments. § Based on the investment of time and money that Host has already put into the food court project and Aviation’s desire to provide seamless service to passengers, Aviation is recommending an extension to Host’s current agreement. This will allow Host and their ACDBE partners to upfit new locations within the new food court and the Concourse A expansion, as well as renovate existing ones. Over this extended term, Host and its ACDBE partners will commit to an estimated $30 million dollar capital investment and will have ample time to amortize the planned investments. Airport Concessions Disadvantaged Business Enterprise Participation § Currently, $1 in every $5 spent on food and beverages in the terminal comes from an ACDBE-operated concession. As part of the amended and restated concession agreement, Host maintains their contractual obligation to ensure that 20% of the total gross revenues are earned by ACDBE partners. The Airport and Host plan to hold an outreach event for concessionaires to learn more about the ACDBE program and about the complexities of operating in an airport environment. § Host plans to enter into subconcession agreements for approximately seven new food & beverage locations. Investment projections for the new ACDBE spaces are estimated at a combined $6.2 million, resulting in an estimated $13.8 million in additional annual gross sales by Host’s ACDBE partners. Fiscal Note Funding: Revenue generated from this agreement will be deposited in the Aviation Operating Fund. City of Charlotte Page 43 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 40. Airport Ground Support Equipment Action: A. Award a unit price contract to the lowest responsive bidder Aero Specialties Inc., for the purchase of Ground Support Equipment for the term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation department supplies equipment for its Fixed Base Operator, Wilson Air. § The contract will provide a new stair truck, a lavatory truck, and a lavatory cart as the City Council approved on the 2017 Capital Equipment Replacement List. § On August 5, 2016, Aviation issued an Invitation to Bid; one bid was received from interested service provider. § Aero Specialties, Inc. was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated annual expenditures are $175,000 in the first year, and will be dependent upon operational needs and capital equipment lists in future years. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 44 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 41. Airport Distributed Antenna System Terminal Enhancement Action: A. Approve an agreement with DPJJ, LLC d/b/a Wireless Services (“Wireless Services”) for design and installation services for the enhancement of the Distributed Antenna System in the Airport’s Terminal building, B. Approve the third amendment to the license agreement with New Cingular Wireless PCS, LLC (AT&T) to fund the Terminal Distributed Antenna System enhancement, C. Approve the fourth amendment to the license agreement with Cellco Partnership d/b/a Verizon Wireless (“Verizon”) to fund the Terminal Distributed Antenna System enhancement, D. Approve the third amendment to the license agreement with SprintCom, Inc. (“Sprint”) to fund the Terminal Distributed Antenna System enhancement, E. Approve the first amendment to the license agreement with T-Mobile South LLC (“T-Mobile”) to fund the Terminal Distributed Antenna System enhancement, and F. Adopt a budget ordinance appropriating $608,752.38 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § On November 28, 2011, the City Council approved a contract with Wireless Services to install the Distributed Antenna System (DAS) in the Airport’s Terminal building. The DAS enables wireless telecommunications carriers to transmit signals throughout the Terminal to provide consistent cellular service to their customers. § On May 14, 2012, the City Council approved license agreements with AT&T, Verizon, and Sprint for use of the DAS. The wireless carriers reimbursed the Airport for costs incurred for the design and installation of the DAS and pay the City an annual license fee covering use and maintenance of the system. § The Aviation Department completed installation of the DAS in the Terminal building in August 2012. § On July 28, 2014, the City Council approved: - A contract with Wireless Services to expand the DAS into the Customs and Border Patrol areas, the East Terminal Expansion, and the Rental Car Facility and Hourly Parking Deck. This work was completed in early 2016, - Amendments to the license agreements with AT&T, Verizon and Sprint to fund the expansion of the system, and - A license agreement with T-Mobile for use of the DAS. § The Aviation Department is now planning to enhance the DAS in the Terminal by expanding coverage in key areas and upgrading equipment. § The total cost of the contract is $723,083.18: - $608,752.38 will be paid from the Aviation Community Investment Plan and reimbursed by the wireless carriers, and - $114,330.80 will be paid from the Aviation Operating Fund. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). City of Charlotte Page 45 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Fiscal Note Funding: Aviation Community Investment Plan Aviation is funding the cost of the installation and will be reimbursed by the wireless carriers. Attachment Budget Ordinance Airport ORD101016 - Airport Distributed Antenna System Terminal Enhancement 42. Feasibility Consultant for Airport Revenue Bonds Action: Approve a contract in the amount of $190,000 with Newton and Associates, Inc. to conduct a revenue bond feasibility study for the upcoming long-term financing of Airport capital projects. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § In order to issue upcoming Airport Revenue Bonds in the capital markets, a comprehensive economic study is required to assess the financial feasibility of the projects financed. § The analysis requires detailed knowledge of the financial operations of the Airport, the Airport industry, and the overall bond market. Newton and Associates performs this service for airports across the country and has extensive knowledge and experience at the Charlotte Douglas International Airport to effectively provide the analysis. § The service is typically authorized as part of the overall financial plan; however, sufficient lead time is necessary to develop the feasibility study in advance of the actual debt issuance anticipated in spring 2017. § The debt issuance is necessary to fund the ongoing capital plan of the Airport. Charlotte Business INClusion The contract award is allocated 100% to the following certified firm (Part A: Section 2.3 of the Charlotte Business INClusion Policy): · Newton and Associates, Inc. SBE Fiscal Note Funding: Airport Debt Service Fund City of Charlotte Page 46 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 43. Refund of Property and Business Privilege License Taxes Action: A. Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $15,691.79, and B. Adopt a resolution authorizing the refund of business privilege license payments in the amount of $123.75. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on September 26, 2016, totaled $245.38. Attachment Taxpayers and Refunds Requested Business Privilege License Refunds Requested Resolution Property Tax Refunds Resolution Business Privilege License Refunds List of Taxpayers and Refunds Requested List of Business Privilege License Refunds Resolution Resolution Bus 44. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - September 12, 2016, Business Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 47 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 PROPERTY TRANSACTIONS City of Charlotte Page 48 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 45. Land Purchase for Tree Canopy Preservation Program Action: A. Approve a purchase in the amount of $376,000 for an approximately 23-acre parcel located near Robinson Church Road and Plott Road in Charlotte (parcel identification number 108-071-15), and B. Authorize the City Manager to negotiate and grant a conservation easement to the Catawba Lands Conservancy. Staff Resource(s): Tim Porter, Engineering & Property Management Amanda Byrum, Engineering & Property Management Explanation § Effective January 1, 2011, the City Council approved revisions to the City’s Tree Ordinance. The revised Ordinance changed tree save and tree planting requirements for commercial development and offered mitigation options at certain development locations. - One mitigation option allows developers to pay into the Tree Ordinance Mitigation Fund (Fund), administered by the City, in lieu of saving trees on site. § The City uses the Fund for property acquisition and expenditures associated with ongoing tree preservation and maintenance. § The City has established a Tree Canopy Preservation Program to set criteria for future acquisitions, including location, acreage, tree quality, rate of development in the area, connectivity to other open space or greenways, and opportunities for stewardship partner involvement. § Staff researched many properties located primarily within Charlotte’s city limits or within the City’s extraterritorial jurisdiction and identified this property as a partnership opportunity with the Catawba Lands Conservancy, meeting the program criteria. § The parcel was subject to a timber harvesting operation in 2009 that removed approximately eighteen acres of mature forest. - A 2014 citywide urban tree canopy analysis shows that approximately five acres of mature forest still exist on the parcel. - A young forest comprised of small trees has regenerated in the timbered areas. - Staff is working to develop a forest management plan with the North Carolina Forest Service that will allow the new young forest to reclaim the eighteen acres of canopy that were lost during the previous timber operation. - The forest management plan will be implemented following the acquisition. § Staff negotiated the purchase price with the property owners based on appraised value findings and desired sales price derived from a comparative market analysis. § The City will donate a conservation easement to the Catawba Lands Conservancy to ensure stewardship and maintenance of the property in perpetuity. § The Charlotte-Mecklenburg Planning Commission recommended approval for the City to purchase the land on September 20, 2016. § Contingent upon City Council approval and acquisition of this property, anticipated by March 2017, the Tree Ordinance Mitigation Fund will have a projected remaining balance of approximately $1,089,000. Staff has developed a working priority list of additional property acquisitions using the remaining balance of the funds. Fiscal Note Funding: Tree Ordinance Mitigation Fund Attachment Map Doe Creek GIS Map City of Charlotte Page 49 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 46. In Rem Remedy: 916 Aileen Circle For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (916 Aileen Circle) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (916 Aileen Circle) (Neighborhood Profile Area 116). Attachment In Rem Packet for (916 Aileen Circle) In Rem Remedy 916 Aileen Cr.pdf City of Charlotte Page 50 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 47. In Rem Remedy: 4021 Redwood Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (4021 Redwood Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4021 Redwood Avenue) (Neighborhood Profile Area 344). Attachment In Rem Packet for (4021 Redwood Avenue) In Rem Remedy 4021 Redwood Av.pdf City of Charlotte Page 51 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 48. In Rem Remedy: 2128 Rozzelles Ferry 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. Public Safety: (2128 Rozzelles Ferry Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2128 Rozzelles Ferry Road) (Neighborhood Profile Area 382). Attachment In Rem Packet for (2128 Rozzelles Ferry Road) In Rem Remedy 2128 Rozzelles Ferry Rd.pdf City of Charlotte Page 52 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 49. In Rem Remedy: 1010 Lomond Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (1010 Lomond Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1010 Lomond Avenue) (Neighborhood Profile Area 363). Attachment In Rem Packet for (1010 Lomond Avenue) In Rem Remedy 1010 Lomond Av.pdf City of Charlotte Page 53 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 50. In Rem Remedy: 9200 Moores Chapel 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: (9200 Moores Chapel Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (9200 Moores Chapel Road) (Neighborhood Profile Area 34). Attachment In Rem Packet for (9200 Moores Chapel Road) In Rem Remedy 9200 Moores Chapel Rd.pdf City of Charlotte Page 54 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 51. In Rem Remedy: 300 Morningside Road - Accessory Structures 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: (300 Morningside Road - Accessory Structures) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (300 Morningside Road - Accessory Structures) (Neighborhood Profile Area 330). Attachment In Rem Packet for (300 Morningside Road - Accessory Structures) In Rem Remedy 300 Morningside Rd Acc St.pdf City of Charlotte Page 55 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 52. Property Transactions - DM: Newland Road 2008, Parcel #9 Action: Approve the following Acquisition: DM: Newland Road 2008, Parcel #9 Project: DM: Newland Road 2008, Parcel #9 Owner(s): Lucresia B. Cunningham Property Address: 2008 Newland Road Total Parcel Area: 8,999 sq. ft. (.207 ac.) Property to be acquired by Fee: 8,999 sq. ft. (.207 ac.) in Fee Simple Structures/Improvements to be impacted: Single-family dwelling Landscaping to be impacted: None Zoned: R-5 Use: Single-family Residential Tax Code: 077-042-05 Purchase Price: $100,000 Council District: 2 53. Property Transactions - Frazier Avenue Realignment, Parcel #300 Action: Approve the following Acquisition: Frazier Avenue Realignment, Parcel #300 Project: Frazier Avenue Realignment, Parcel #300 Owner(s): Housing Authority of the City of Charlotte, N.C. Property Address: 123 Frazier Avenue Total Parcel Area: 10,467 sq. ft. (.240 ac.) Property to be acquired by Easements: 969 sq. ft. (.022 ac.) in Sidewalk and Utility Easement, plus 121 sq. ft. (.003 ac.) in Road Easement, plus 2,757 sq. ft. (.063 ac.) in Temporary Construction Easement, plus 873 sq. ft. (.02 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Multi-Family Tax Code: 078-182-01 Purchase Price: $32,875 Council District: 2 City of Charlotte Page 56 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 54. Property Transactions - Beckwith-Meadow Drainage Improvements, Parcel #1 Action: Approve the following Acquisition: Beckwith-Meadow Drainage Improvements, Parcel #1 Project: Beckwith-Meadow Drainage Improvements, Parcel #1 Program: Flood Control Owner(s): Abiding Apostolic Christian Church of our Lord Jesus Christ, Inc. Property Address: 1900 Shamrock Drive Total Parcel Area: 34,282 sq. ft. (.787 ac.) Property to be acquired by Fee: 32,162.3 sq. ft. (.738 ac.) in Fee Simple Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 093-103-17 Purchase Price: $62,000 Council District: 1 55. Property Transactions - West 4th Street Extension Streetscape, Parcel #9 Action: Approve the following Condemnation: West 4th Street Extension Streetscape, Parcel #9 Project: West 4th Street Extension Streetscape, Parcel #9 Owner(s): Robert Brown Jr. Property Address: 1517 West 4th Street Extension Total Parcel Area: 3,860 sq. ft. (.089 ac.) Property to be acquired by Easements: 86 sq. ft. (.002 ac.) in Sidewalk and Utility Easement, plus 309 sq. ft. (.007 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-5 Use: Single-family Residential Tax Code: 071-013-09 Appraised Value: $425 Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 57 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 56. Property Transactions - West 4th Street Extension Streetscape, Parcel #8 Action: Approve the following Condemnation: West 4th Street Extension Streetscape, Parcel #8 Project: West 4th Street Extension Streetscape, Parcel #8 Owner(s): JEC Investments Partnership, John Revels Gamble III, Elizabeth Rhodes Gamble, Peter Riback Lichstein and Mary Caroline Gamble Property Address: 301 Walnut Avenue Total Parcel Area: 2,663 sq. ft. (.061 ac.) Property to be acquired by Easements: 231 sq. ft. (.005 ac.) in Sidewalk and Utility Easement, plus 1,062 sq. ft. (.024 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-5 Use: Single-family Residential Tax Code: 071-013-10 Appraised Value: $725 Property Owner’s Concerns: The property owners were not satisfied with the compensation amount. Also, one property owner could not be located. Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 57. Property Transactions - Cross Charlotte Trail Bradywine - Tyvola, Parcel #12 Action: Approve the following Acquisition: Cross Charlotte Trail Bradywine - Tyvola, Parcel #12 Project: Cross Charlotte Trail Bradywine - Tyvola, Parcel #12 Owner(s): John B. Spurrier and Kathrine Hartman Spurrier Property Address: 2104 Hassell Place Total Parcel Area: 27,674 sq. ft. (.635 ac.) Property to be acquired by Fee: 9,994 sq. ft. (.229 ac.) in Fee Simple Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: R-5 Use: Single-family Residential Tax Code: 175-151-39 Purchase Price: $73,950 Council District: 6 City of Charlotte Page 58 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 Adjournment City of Charlotte Page 59 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 REFERENCES City of Charlotte Page 60 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 58. 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 61 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 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 62 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 59. Reference - Property Transaction Process Property Transaction Process Following Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 63 Printed on 10/7/2016 City Council Business Meeting Meeting Agenda October 10, 2016 60. 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 10/7/2016