City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, February 13, 2017 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Dimple Ajmera Council Member Al Austin Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda February 13, 2017 CITY COUNCIL MEETING Monday, February 13, 2017 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 27 2016 Homeland Security Grant Program 29 Sexual Assault Kit Testing Services City of Charlotte Page 2 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, City Manager’s Office Time: 5 minutes Synopsis Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. CIAA Basketball Tournament Staff Resource(s): Marcus Jones, City Manager’s Office Tom Murray, Charlotte Regional Visitors Authority Jacqie McWilliams, CIAA Time: 30 minutes Explanation § The Central Intercollegiate Athletic Association (CIAA) Men’s and Women’s Basketball Tournament runs from Tuesday, February 21 through Saturday, February 25. § This is the 12th year Charlotte has hosted the tournament, which has been the City’s largest annual event. § The CIAA Basketball Tournament is the largest NCAA Division II tournament nationwide. § The event generated $57.4 million in economic impact ($31.6 million in direct spending) in the community last year. § The purpose of this presentation is to recognize the strong partnership among the CIAA, City, and Charlotte Regional Visitors Authority, and to provide key highlights for the tournament week. Future Action The presentation is for informational purposes only. City of Charlotte Page 3 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 3. Community Letter - Safety, Trust, and Accountability Staff Resource(s): Ann Wall, City Manager’s Office Time: 45 minutes Explanation § On Monday, October 10, 2016, the City Council adopted a series of actions intended as initial steps related to fulfilling the goals outlined in its Letter to the Community dated October 3, 2016. These actions focus on the following key areas: - Safety, trust, and accountability, - Access to safe, quality, and affordable housing, and - Good paying jobs. § As staff continues to focus on the items approved on October 10, briefings will occur with City Council to update progress at Council Workshops and other meetings on an as needed basis. § The dinner briefing presentation will provide further information on several key initiatives related to safety, trust, and accountability. Future Action The presentation is for informational purposes only. 4. City Council Retreat Recap Committee Chair: Kenny Smith Staff Resource(s): Marcus Jones, City Manager’s Office Time: 15 minutes Explanation § The 2017 City Council Retreat was held January 25-27 in Raleigh. § The themes of the Retreat were: 1) Building Relationships, and 2) Preparing For the Future. Sessions included “Winning Cities of Tomorrow,” “Urban, Rural, and Suburban Connections,” and “Charlotte Financial and Strategic Outlook.” § The Committee Chair and City Manager will summarize highlights from the Retreat and discuss next steps as Charlotte prepares to be THE winning City of the future. Future Action: The presentation is for informational purposes only. 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. Call to Order City of Charlotte Page 4 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 6. Consent agenda items 27 through 56 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 6 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 7:00 P.M. AWARDS AND RECOGNITION 7. CIAA Week Proclamation Action: Council member Mitchell will read a proclamation recognizing, February 21 - 25, 2017 as Central Intercollegiate Athletic Association (CIAA) Week in Charlotte. He would also like to thank the CIAA Committee for its commitment to the Charlotte community. 8. Food Too Good To Waste Challenge Recognition Action: Mayor Roberts will recognize the participating neighborhoods and individual winner of Solid Waste Services’ Food Too Good to Waste Challenge. 9. African Caribbean Political Action Committee Proclamation Action: Mayor Roberts will read a proclamation recognizing the newly formed African Caribbean Political Action Committee in Charlotte. City of Charlotte Page 7 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 PUBLIC HEARING City of Charlotte Page 8 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 10. Public Hearing on a Resolution to Close a Portion of Auten Avenue Action: A. Conduct a public hearing to close a portion of Auten Avenue, and B. Adopt a resolution to close a portion of Auten Avenue. 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 Auten Avenue is located in Council District 2. Petitioners JDSI, LLC - Mr. Judson Stringfellow Right-of-Way to be Abandoned A portion of Auten Avenue is a stub-street located approximately a quarter mile North of I-85, east of I-77, and west of its intersecting point with Statesville Avenue. Reason The petitioner is vested in the abutting property and intends to reassemble this land to include a portion of Auten Avenue. The assembly of this land will accommodate the construction of the proposed Riley Woods Phase 2 single family subdivision. 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) Prologis-North Carolina, LP - No objections 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 his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map City of Charlotte Page 9 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 Resolution CityCouncilROWAbandonmentMap_2016-14 Resolution to Close a portion of Auten Avenue City of Charlotte Page 10 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 POLICY 11. City Manager’s Report City of Charlotte Page 11 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 12. Community Housing Development Organization Grants Action: Approve the Housing & Neighborhood Development Committee’s recommendation on the Community Housing Development Organization grants for a total of $740,000 to: - Charlotte-Mecklenburg Housing Partnership, Inc. Land Acquisition for Catawba Phase II multi-family development for a total of $250,000, and - CrossRoads Corporation for Affordable Housing and Community Development for the Elizabeth Heights Phase IV single-family homeownership housing development for a total of $490,000. Committee Chair: LaWana Mayfield, Housing & Neighborhood Development Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Zelleka Biermann, Neighborhood & Business Services Explanation § The awarding of these grants aligns with work from the Response to the Community Letter, creating 5,000 affordable and workforce housing units within a three-year period. § Staff provided an update on the Affordable Housing component of the Response to the Community Letter at the City Council Workshop on February 6, 2017. § On May 9, 2016, the City Council adopted the U.S. Department of Housing and Urban Development (HUD) Annual Action Plan (Plan). The Plan: - Identifies the need for affordable, safe, and decent housing for low and moderate-income families, and - Reaffirms three basic goals of the City’s Housing Policy: § Preserve the existing housing stock, § Expand the supply of affordable housing, and § Support family self-sufficiency initiatives. § As a HUD participating jurisdiction, the City must award a minimum of 15% of its HOME allocation to qualified Community Housing Development Organizations (CHDOs) for housing development activities in which these organizations are owners, developers, and/or sponsors. § CHDO grant opportunities were announced during a quarterly meeting of nonprofit housing providers on July 20, 2016. The City received two funding requests. In this instance, further vetting was not required because the requests met threshold requirements, and sufficient funding was available to approve both. § Neighborhood & Business Services (NBS) staff have reviewed two proposed developments for affordable housing and request City Council’s approval of a $740,000 grant allocated for the following: - $250,000 to The Charlotte-Mecklenburg Housing Partnership Inc. (The Housing Partnership) toward land acquisition for 39 units that are part of Phase II for the Catawba Multi-family Senior development located at Mount Holly-Huntersville Road. - $490,000 to CrossRoads Corporation for Affordable Housing for construction of eight single-family homes in Phase IV of Elizabeth Heights in the Grier Heights community. § The grants will be funded through HUD’s HOME Investment Partnerships Program, which focuses on development of affordable housing for low-income residents. § Unlike a Community Development Corporation (CDC) which provides programs, services and other activities to support a community, a CHDO is a non-profit that develops affordable housing within a community. However, The Housing Partnership and CrossRoads meet the standards for both categories. City of Charlotte Page 12 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 § The developments recommended for funding will serve families earning at or below 60% of the Area Median Income ($40,200) for multi-family rental units, and families earning at or below 80% of the Area Median Income ($53,600) for single-family homeownership units. In addition, they will have deed restrictions for a minimum affordability period of 15 years for homeownership and 20 years for multi-family rentals. § NBS will monitor the development during and after construction. Per the grant agreement, each CHDO must complete its development within two years. If an organization fails to complete its development or forfeits the funding for noncompliance and/or nonperformance, the funds will be redistributed to other CHDO developments. Housing & Neighborhood Development Committee Discussion On January 11, 2017, Neighborhood & Business Services staff made a presentation on the proposed FY2017 CHDO grant to the Housing & Neighborhood Development Committee. The Committee voted unanimously (Mayfield, Austin, Driggs, and Kinsey) to recommend approval of the grant. Charlotte Business INClusion The developments funded by these grants are subject to applicable Housing and Urban Development (HUD) requirements for providing training, employment, and contracting opportunities to Section 3 residents and minority, women, and small business enterprises. Fiscal Note Funding: U.S. Department of Housing and Urban Development HOME Fund Attachment Housing & Neighborhood Development Committee Presentation on January 11, 2017 City Council Workshop Presentation on February 6, 2017 Community Housing Dev Org Grants_2-13-17 CHDO W Tyvola Road 2-6-17 PPT_2-13-17 City of Charlotte Page 13 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 13. Sale of City Property on West Tyvola Road - Responses to the questions asked at the February 6 City Council Workshop will be included in the February 9 Council-Manager Memo and Packet Action: Approve the Housing & Neighborhood Development Committee’s recommendation to adopt a resolution approving the private sale of parcel 143-133-01, at West Tyvola Road, consisting of 11.686 acres of vacant land to Laurel Street Corporation, LLC, a wholly owned subsidiary of Laurel Street Residential, for the development of a mixed income rental residential community which will include up to 200 units of affordable and workforce rental housing units with a minimum commitment of 120 units. Committee Chair: LaWana Mayfield, Housing & Neighborhood Development Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Tony Korolos, Engineering & Property Management Explanation § The sale of this City property aligns with work from the Response to the Community Letter, creating 5,000 affordable and workforce housing units within a three-year period. Staff provided an update on the Affordable Housing component of the Response to the Community Letter at the City Council Workshop on February 6, 2017. § One of City Council’s priorities is to build and preserve vibrant and diverse neighborhoods by expanding the supply of affordable and workforce housing through new construction and preservation of the existing housing stock. - In January 2016, City Council established a goal of creating 5,000 affordable and workforce housing units within a five year period. - On October 10, 2016, City Council accelerated the goal of creating 5,000 affordable and workforce housing units from five years to three years. - The private sale of the property for use as affordable and workforce housing furthers this goal. § The use of publicly-owned land is one of the tools proven to assist communities across the country in the creation of affordable and workforce housing. § The City-owned property is 11.686 acres of vacant land currently zoned Mixed Use Development District - Optional (MUDD-O). § An appraisal of the property on October 21, 2016 established a fair market value of $1,235,000. § Laurel Street Residential (LSR), a leading Charlotte-based, mixed-income developer, desires to purchase the city-owned parcel for the development of a mixed-income community. § The offer from LSR includes the following terms: - Purchase price of $1,235,000, - Earnest money deposit of $20,000 with an additional $20,000 deposit following the end of the due diligence period, - Due diligence period of 240 days, and - Closing to occur within 240 days from the end of the due diligence period. § Approval of this offer will result in up to 200 units of affordable and workforce rental housing units with a minimum commitment of 120 units toward City Council’s accelerated goal of creating 5,000 affordable and workforce housing units within three years. - The proposed housing units will target households earning up to 120% of the area median income with a long-term affordability deed restriction placed on the affordable units. § Once the due diligence period ends and site design is complete, LSR will make a Housing Trust Fund request to the City to assist in subsidizing the affordable units. City of Charlotte Page 14 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 § At the February 6 City Council Workshop, staff reviewed the transaction and discussed project details. Background § The City acquired the property in segments beginning in 1926 with the final acquisition in 1985. § In 1987, a portion of the property was sold to Duke Power Company for a substation to provide electricity for new development in the area including the old Coliseum. § The property went to Mandatory Referral in 2007 and the Planning Committee recommended development of the property in a 6-0 vote at their meeting on March 27, 2007. § In 2015, the property was previously under contract by Crosland Southeast for a proposed commercial retail development that did not close due to insufficient market interest. Housing & Neighborhood Development Committee Discussion § On January 22, 2017, the Housing and Neighborhood Development Committee voted unanimously (Mayfield, Austin, Driggs, and Kinsey) to recommend the private sale of the City-owned parcel to Laurel Street Residential for the development of up to 200 units of affordable and workforce rental housing units with a minimum commitment of 120 units on the following terms and conditions: - Purchase Price of $1,235,000, - Earnest money deposit of $20,000 within 10 days of City Council’s approval to accept the offer, with an additional $20,000 deposit following the end of the due diligence period, - Due diligence period of 240 days, and - Closing to occur within 240 days of the end of the due diligence period. Fiscal Note Funding: Proceeds from the sale will be deposited into the City’s General Pay-As-You-Go Capital Fund Attachment Map Resolution City Council Workshop Presentation on February 6, 2017 Location Map - Sale of City Property- West Tyvola Road RESOLUTION FOR SALE OF LAND CHDO W Tyvola Road 2-6-17 PPT_2-13-17 City of Charlotte Page 15 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 BUSINESS 14. Nominations to Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two recommendations by the Charlotte Chamber of Commerce for partial terms beginning immediately and ending April 28, 2017, then followed by a full three-year term until April 28, 2020. - Thomas Hsiao did not meet attendance requirements. - Jonathan Utrup did not meet attendance requirements. § One recommendation by the Charlotte Chamber of Commerce for a partial term beginning immediately and ending April 30, 2019. - Hilary Greenberg has resigned. § One recommendation by the Hispanic Contractors Association for a partial term beginning immediately and ending April 28, 2017, then followed by a full three-year term until April 28, 2020. - Milagritos Aguilar did not meet attendance requirements. § One appointment for a partial term beginning immediately and ending April 28, 2017, then followed by a full three-year term until April 27, 2020. - Amanda Brown did not meet attendance requirements. § One appointment for a partial term beginning immediately and ending April 28, 2018. - Lee Cochran did not meet attendance requirements. § One appointment for a partial term beginning immediately and ending April 28, 2019. - Gregory Wiley did not meet attendance requirement. Attachment Business Advisory Committee Applicants City of Charlotte Page 16 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 15. Nominations to the Charlotte Business Inclusion Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation This new committee was established January 9, 2017 by City Council action; all positions are being filled for the first time. § One recommendation by the Hispanic Contractors Association for a term beginning March 1, 2017, and ending February 28, 2018. - The Hispanic Contractors Association has recommended Marvin Reyes. - The letter of recommendation is included with the application. § One recommendation by the Metrolina Native American Association beginning March 1, 2017, and ending February 28, 2018. - The Metrolina Native American Association has recommended Walter Baucom III. - The letter of recommendation is included with the application. § One recommendation by the Carolinas Association of General Contractors for a term beginning March 1, 2017, and ending February 28, 2019. - The Carolina Association of General Contractors has recommended William Stricker. - The letter of recommendation is included with the application. § One recommendation by the Latin American Chamber of Commerce for a term beginning March 1, 2017, and ending February 28, 2019. - The Latin American Chamber of Commerce has recommended Yeferson Ovalle Uruena. - The letter of recommendation is included with the application. § One recommendation by the National Association of Women Business Owners for a term beginning March 1, 2017, and ending February 28, 2019. - The National Association of Women Business Owners has recommended Vilma Betancourt. - The letter of recommendation is included with the application. § One recommendation by the Charlotte Mecklenburg Black Chamber of Commerce for a term beginning March 1, 2017, and ending February 28, 2020. - The Charlotte-Mecklenburg Black Chamber of Commerce has recommended Gary Young II. - The letter of recommendation is included with the application. § One recommendation by the Metrolina Minority Contractors Association for a term beginning March 1, 2017, and ending February 28, 2020. - The Metrolina Minority Contractors Association has recommended Stephane Berwald. - The letter of recommendation is included with the application. § One recommendation by the Carolinas Asian-American Chamber of Commerce for a term beginning March 1, 2017, and ending February 28, 2018. - The Carolinas Asian-American Chamber of Commerce has recommended Parth Gandhi and Shobha Rajpal; please select one of these recommendations for this category. - The letter of recommendation is included with the applications. City of Charlotte Page 17 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 § One At-large appointment representing a Prime Construction Company for a term beginning March 1, 2017, and ending February 28, 2019. § One At-Large appointment representing a Prime Construction Company for a term beginning March 1, 2017, and ending February 28, 2020. § One At-Large appointment for a term beginning March 1, 2017, and ending February 28, 2018. § One At-Large appointment for a term beginning March 1, 2017, and ending February 28, 2020. Attachment Charlotte Business Inclusion Advisory Committee Applicants 16. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Charlotte Regional Visitor’s Authority for a partial term beginning immediately and ending June 30, 2019. - The vacancy is from Cabinet restructuring. - The Charlotte Regional Visitor’s Authority has recommended William “Bill” McMillan. - The letter of recommendation is included with the application. § One appointment in the International Business category for a partial term beginning immediately and ending June 30, 2018. - Steve Yim did not meet attendance requirements Attachment Charlotte International Cabinet Applicants 17. Nominations to the Charlotte Mecklenburg Public Access Corporation Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending July 1, 2019. - Kerry Shipman did not meet attendance requirements. § One appointment for a partial term beginning immediately and ending June 30, 2017, then followed by a full three-year term beginning July 1, 2017, and ending June 30, 2020. - Sophia Matthews did not meet attendance requirements. Attachment Charlotte Mecklenburg Public Access Corporation Applicants City of Charlotte Page 18 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 18. Nomination to Community Relations Committee Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for partial terms beginning immediately and ending June 30, 2019. - Ryan Deal did not meet attendance requirements. - Amanda Brown has resigned. Attachment Community Relations Committee Applicants 19. Nomination to the Historic District Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an At-Large position to a partial term beginning immediately and ending June 30, 2018. - Belinda Corbus has resigned. Attachment Historic District Commission Applicants 20. Nominations to Keep Charlotte Beautiful Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending June 30, 2018. - Joshua Arnold has resigned. § One appointment for a partial term beginning immediately and ending June 30, 2019. - Michael Zytkow has resigned. § One appointment for a partial term beginning immediately and ending June 30, 2017, and then followed by a full three-year term from July 1, 2017 until June 30, 2020. - Amy Villegas-McCleave did not meet attendance requirements. Attachment Keep Charlotte Beautiful Applicants City of Charlotte Page 19 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 21. Nomination to Neighborhood Matching Grants Fund Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation from the School Superintendent for a partial term beginning immediately and ending April 15, 2019. - Patrick Doiel relocated outside Mecklenburg County; therefore, he is no longer eligible. - The School Superintendent has recommended Keva Womble. - The letter of recommendation is included with the application. Attachment Neighborhood Matching Grants Fund Applicants 22. Nominations to Privatization/Competition Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Four appointments beginning March 2, 2017, and ending March 1, 2019. - William Turner is eligible and interested in being reappointed. - Antonio Briceno has served two terms; therefore, he is not eligible for reappointment. - Robert Diamond has served two terms; therefore, he is not eligible for reappointment. - Morris Mcadoo has served two terms; therefore, he is not eligible for reappointment. § Two appointments for partial terms beginning immediately and ending March 1, 2018. - Felicia Fletcher did not meet attendance requirements. - Michele King has resigned. Attachment Privatization/Competition Advisory Committee Applicants City of Charlotte Page 20 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 23. Nominations to the Transit Services Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a full term in the Express Service Passenger category beginning February 1, 2017, and ending January 31, 2020. - Daniel MacRae is eligible and interested in being reappointed. § One appointment for a full term in the Local/Express Service Passenger category beginning February 1, 2017, and ending January 31, 2020. - Joshua Niday is eligible and interested in being reappointed. Attachment Transit Services Advisory Committee Applicants 24. Nomination to the Waste Management Advisory Board Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation to the Board of County Commissioners for a full term beginning February 2, 2017, and ending February 1, 2020. - Martin Doss is eligible and interested in being reappointed. Attachment Waste Management Advisory Board Applicants 25. Nomination to the Zoning Board of Adjustment Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a full term beginning January 31, 2017 and ending January 30, 2020. - Scott Browder is eligible and interested in being reappointed. Attachment Zoning Board of Adjustment Applicants 26. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 21 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 CONSENT 27. 2016 Homeland Security Grant Program Action: A. Authorize the Charlotte Homeland Security Director (Charlotte Fire Chief) to accept a sub-grant for $150,000 from the North Carolina Department of Public Safety, Office of the North Carolina Emergency Management received through the United States Department of Homeland Security 2016 Homeland Security Grant Program, and B. Adopt a budget ordinance appropriating $150,000 in Homeland Security Grant Program funds. Staff Resource(s): Richard Granger, Fire Explanation § The 2016 Homeland Security Grant Program allowed eligible applicants to apply for funding through the North Carolina Department of Public Safety, Office of the North Carolina Emergency Management to aid in the prevention, protection, response, and recovery from potential terrorist and other hazardous or catastrophic events. § The Charlotte Fire Department will use the grant funds to teach a 10-day structural collapse training course for responding agencies in the Charlotte Urban Search and Rescue (USAR) region and six other metro areas in the state of North Carolina (Asheville/Buncombe County, Greensboro, Raleigh/Durham/Chapel Hill, Fayetteville, Greenville/New Bern, and Wilmington/New Hanover County). - Expenses will include tuition for 81 students, compensation for 20 instructors, the purchase of meals for those attending, and the purchase of needed supplies for the training. § The City of Charlotte has received funding sporadically for this training course since 2002 and will continue to receive this funding in the future on an as-needed basis determined by the North Carolina Department of Public Safety. § No City matching funds are required for receipt of this grant. Fiscal Note Funding: 2016 Homeland Security Grant Program Attachment Memorandum of Agreement Budget Ordinance 2016 HSGP MOA Budget Ordinance City of Charlotte Page 22 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 28. SuccessFactors Learning Management System Upgrades Action: Approve a contract with SAP Public Services, Inc. for implementation of new SuccessFactors software modules specific to the Charlotte-Mecklenburg Police Department. Staff Resource(s): Donna Sanchez, Police Explanation § On March 28, 2016, the City Council approved a contract with SAP America, Inc. to provide a cloud-based upgrade to the City’s SuccessFactors learning management system for the Charlotte-Mecklenburg Police Department (CMPD), including software licenses and services. § Subsequent to City Council’s approval, the parties agreed that a subsidiary of SAP America, Inc. (SAP Public Services, Inc.) would perform the implementation services for the CMPD-specific SuccessFactors software modules; whereas, SAP America, Inc. is providing the software licenses. § CMPD is now requesting approval of the contract with SAP Public Services, Inc. to provide the implementation services for the SuccessFactors software modules specific to CMPD. § Total expenditures are estimated to be $286,614 for the implementation services. Fiscal Note Funding: Police Operating Budget City of Charlotte Page 23 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 29. Sexual Assault Kit Testing Services Action: A. Approve a unit price contract with Sorenson Forensics LLC for testing of backlogged sexual assault kits for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Bruce Bellamy, Police Matthew Mathis, Police Explanation § On October 10, 2016, City Council accepted the 2016 National Sexual Assault Kit Initiative Grant to include the testing of 300 backlogged sexual assault kits (SAKs). § On January 4, the City issued a Request for Proposals (RFP) for these services. In response to the RFP, the City received eight proposals from interested service providers. § The Project Team, consisting of staff from Police and Management and Financial Services, evaluated the proposals and determined that Sorenson Forensics LLC best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Sorenson Forensics LLC will test the SAKs under the previously approved funding from the grant. - The contract may also be used for future SAK testing should other funding become available through the City’s General Fund or future grant awards. § The contract gives the City the option to renew for two additional, one year terms. § Sorenson Forensics LLC offered the best combination of competitive pricing and comprehensive testing procedures. § The company will be paid $610 per tested kit and $2,200 per day of expert witness testimony if required. - The new contract pricing represents an approximate 9.4% cost savings per kit. - Expert witness testimony is required in an estimated 10% of cases or less. § Estimated contract expenditures are $249,000 for the first year term including the testing of the original 300 SAKs and potential expert witness testimony on 10% of projects. Additional services would be provided at the rates detailed above, with additional funding for those services being approved at that time. 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: U.S. Department of Justice, Bureau of Justice Assistance, National Sexual Assault Kit Initiative Grant and the Police Operating Budget (as available) City of Charlotte Page 24 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 30. Charlotte-Mecklenburg Police Department Headquarters Exterior Wall Restoration Action: Award a contract in the amount of $229,250 to the lowest responsive bidder Strickland Waterproofing, Inc. for the Charlotte-Mecklenburg Police Department Headquarters Exterior Wall Restoration project. Staff Resource(s): William Haas, Engineering & Property Management Steve Marlowe, Engineering & Property Management Katrina Graue, Police Department Explanation § The Charlotte-Mecklenburg Police Department Headquarters Exterior Wall Restoration project, located at 601 East Trade Street, involves removing deteriorated exterior wall sealant joints and replacing with new sealant. § The existing joints, original to the building’s construction 20 years ago, are currently experiencing water leaks. Without restoration, continued leaks may deteriorate exterior walls. § On December 7, 2016, the City issued an Invitation to Bid; six bids were received from interested service providers. § Strickland Waterproofing, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by second quarter 2017. § WxProofing, LLC did not meet the minimum experience requirements for Installer Qualifications as stated in the solicitation. § Bird Dog Construction, LLC did not meet the minimum experience requirements for Installer Qualifications as stated in the solicitation. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 25 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 31. Fire Station 13 HVAC Equipment Replacement Action: Award a contract in the amount of $366,545.55 to the lowest responsive bidder Southern Comfort of Charlotte, Inc. for the Fire Station 13 HVAC Equipment Replacement project. Staff Resource(s): William Haas, Engineering & Property Management Steve Marlowe, Engineering & Property Management Kevin Gordon, Charlotte Fire Department Explanation § The project involves the removal of a 15-year-old HVAC system and replaces it with a newly designed HVAC system at Fire Station 13 at 1917 West Sugar Creek Road. § The existing equipment has reached the end of its useful life and must be replaced. § The work will include: - Removal of existing HVAC equipment, - Installation of a newly designed HVAC system, - Introduction of new technology for humidity control, and - Upgrading existing electrical service original to 1963 construction. § The new equipment will improve the energy efficiency of the facility and provide better occupant comfort. § On December 11, 2016, the City issued an Invitation to Bid; two bids were received from interested service providers. § Southern Comfort of Charlotte, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by third quarter 2017. Charlotte Business INClusion Southern Comfort of Charlotte, Inc. has committed 43.35% ($158,915) of the total contract amount to the following certified firms: § Controls Service Group (SBE) ($30,020) (controls) § Electric Systems Specialists (SBE) ($113,495) (electrical) § JHC Construction (SBE) ($15,400) (construction) Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 26 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 32. Roof Repair Design Services Action: Approve contracts with the following companies for roof repair design for a term of three years: - Nelson Hall & Associates, Inc., and - REI, Inc. Staff Resource(s): Steve Marlowe, Engineering & Property Management Explanation § The City’s Engineering & Property Management (E&PM) Building Maintenance staff maintains approximately 246 facilities for a total of 2.1 million square feet of roof area. § There are ongoing needs for unspecified roofing design services, including emergency repairs across the portfolio of facilities. § These contracts will include evaluation, roof design, and construction administration. § On November 15, 2016, the City issued a Request for Qualifications (RFQ) for Roof Repair Design Services and Building Envelope Consulting. In response to the RFQ, the City received six qualification packages from interested service providers. § E&PM Building Maintenance staff evaluated the qualification packages and determined that Nelson Hall & Associates, Inc. and REI, Inc. best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFQ requirements. § Total expenditures for the contract with Nelson Hall & Associates, Inc. are estimated to be $150,000 over the three-year term, and the total expenditures for the contract with REI, Inc. are estimated to be $450,000 over a three-year term, for an aggregate total of all contracts of $600,000. § Since the CBI participation goal was waived for this project, Building Maintenance intentionally focused on selecting a SBE prime firm for contract award. Nelson Hall was selected for a contract commensurate with their capacity and ability to work on multiple projects. 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). However, Nelson Hall & Associates, Inc. is a City SBE. Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 27 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 33. Nevin Road - Gibbon Road Sidewalk Action: Award a contract in the amount of $494,373 to the lowest responsive bidder B&N Grading, Inc. for the Nevin Road - Gibbon Road Sidewalk project. Staff Resource(s): Allison Brickey, Engineering & Property Management Explanation § The Nevin Road - Gibbon Road Sidewalk project will support the City’s Sidewalk Program to enhance connectivity, offer transportation choices, and improve pedestrian safety. § Construction will include: - A sidewalk along the north side of Nevin road from Alpine Lane to Gibbon Road and along the south side of Gibbon Road from Nevin Road to West Sugar Creek Road (approximately .5 miles). - Filling in curb, gutter, and sidewalk gaps along the east side of West Sugar Creek Road between Hunter Avenue and Mallard Creek Road will also be included as part of the project. § On November 17, 2016, the City issued an Invitation to Bid; six bids were received from interested service providers. § B&N Grading, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by July 2017. Background § On January 28, 2013, the City Council approved for the City to enter into a municipal agreement with the North Carolina Department of Transportation to construct a sidewalk on a portion of Nevin, Gibbon, and W Sugar Creek roads. § The total project cost is estimated at $1,325,000. § As part of the agreement, the City is eligible for up to a $994,000 reimbursement or 75% for real estate and construction costs through the Federal Congestion Mitigation and Air Quality Improvement Program. § The remaining balance of $331,000 will be paid by the City. Disadvantaged Business Enterprise (DBE) Disadvantaged Business Enterprise (DBE) Opportunity Established DBE Goal: 3.00% Committed DBE Goal: 5.99% B & N Grading, Inc. exceeded the established subcontracting goal, and has committed 5.99% ($29,596.20) of the bid amount to the following certified firm: § R.R.C. Concrete Inc. (DBE, SBE) ($29,596.20) (concrete) B&N Grading, Inc. is also a City SBE. Fiscal Note Funding: Funding provided by North Carolina Department of Transportation and the Transportation Community Investment Plan Attachment Map Location Map - Nevin Road - Gibbon Road Sidewalk City of Charlotte Page 28 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 34. Sardis Lane Bridge Replacement Action: Approve a contract with KCI Associates of North Carolina, PA in the amount of $256,247 for engineering services for the Sardis Lane Bridge Replacement project. Staff Resource(s): Allison Brickey, Engineering & Property Management Explanation § In August 2015, the City Council approved a municipal agreement with the North Carolina Department of Transportation (NCDOT) for the replacement of the Sardis Lane Bridge. § The Sardis Lane Bridge spans a tributary of McAlpine Creek and is located on Sardis Lane between Carosan Lane and Valleybrook Road. § The bridge meets criteria for replacement based on a ranking using a combination of sufficiency ratings and current conditions. Sufficiency ratings are determined during bridge inspections and include an analysis of structure defects including cracking, spalling, and splitting. § The contract scope includes: - Public engagement, - Permitting, and - Design plans. § On April 29, 2016, the City issued a Request for Qualifications (RFQ) for Sardis Lane Bridge Replacement. In response to the RFQ, the City received 14 proposals from interested professional service providers. § The Project Team, consisting of staff from Engineering & Property Management and the Charlotte Department of Transportation, evaluated the proposals and determined that KCI Associates of North Carolina, PA 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. § The total budget for the Sardis Lane Bridge is estimated to be $984,000. § The City will be reimbursed up to $787,200 of federal funding to be administered through NCDOT to pay for 80% of the costs of preliminary engineering, environmental documentation, real estate acquisition, utility relocation, and construction costs of the project. § The remaining balance of $196,800 will be paid by the City’s Bridge Replacement Program. Charlotte Business INClusion This is a municipal agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Sardis Lane Bridge Replacement City of Charlotte Page 29 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 35. Street Marking Tape and Reflective Traffic Sign Materials Action: A. Approve the purchase of street marking tape and reflective traffic sign materials, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with 3M, Inc. for the purchase of street marking tape and reflective traffic sign materials for the term of three years, and C. 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): Ronnie Ashburner, Transportation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because standardization and performance. § The City Council must approve purchases made under the sole source exception. Explanation § Street marking tape is used to install center lines and edge lines on City roadways. - 3M street marking tape has a raised pattern that offers greater nighttime and rainfall visibility than flat pavement marking materials. - 3M street marking tape has a four year warranty versus competitive tapes, which only carry a 16-month warranty. § Reflective traffic sign materials consist of reflective sheeting used to produce all new road signage in the City. - 3M “prismatic” reflective sheeting has been extensively weather tested, and used on transportation related projects over 10 years. - Use of 3M reflective sheeting allows for sign synchronization on City maintained roadways, easier field identification and compliance with Manual on Uniform Traffic Control Devices minimum retro reflective requirements. § 3M is the only supplier that can provide CDOT with all reflective material needs. 3M provides equipment for use by the City at no additional cost. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures under the contract are estimated to be $550,000. 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: Transportation Operating Budget City of Charlotte Page 30 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 36. Road Call Repairs and Related Services Action: A. Approve contracts with the following companies for road call repair services for an initial term of three years: - Bradley’s Truck Service, Inc., and - Carolina Auto Truck and Coach Service Inc., and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Chris Trull, Management & Financial Services Explanation § Management & Financial Services currently uses multiple vendors to provide mobile road call repairs and related services for approximately 200 pieces of equipment annually including, but not restricted to, heavy duty trucks and construction equipment for multiple departments throughout the City. § Vendors are needed to provide equipment, materials, tools, labor, and supervision for all service calls required to complete needed road call repairs on City vehicles and equipment. § Vendors are expected to diagnose and provide roadside services for City and County vehicles and equipment at remote locations within the Charlotte metro area. § The need for immediate response and turnaround processing is standard due to emergencies and the critical nature of the services required for certain equipment. The companies shall be required to analyze the City’s usage patterns and maintain an adequate supply of component parts, qualified personnel, and proper equipment to be readily available to complete service requests in a timely fashion. § On November 15, 2016, the City issued a Request for Proposals (RFP) for these Services. In response to the RFP, the City received two proposals from interested service providers. § Management & Financial Services evaluated the proposals and determined that Bradley’s Truck Service, Inc. and Carolina Auto Truck & Coach Service Inc. meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Combined annual expenditures are estimated to be $250,000. 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). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 31 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 37. Shopton/Beam Roads Roundabout-Supplemental Municipal Agreement Action: A. Authorize the City Manager to execute a Supplemental Municipal Agreement with the North Carolina Department of Transportation in the amount of $855,000, B. Adopt a resolution accepting Surface Transportation Program Direct Allocation funds allocated through the North Carolina Department of Transportation to the City of Charlotte in the amount of $684,000, and C. Adopt a budget ordinance appropriating $684,000 in North Carolina Department of Transportation funds. Staff Resource(s): Felix Obregon, Transportation Alan Morrison, Engineering & Property Management Explanation § The Shopton Road and Beam Road Roundabout Project will build a roundabout in place of the existing multi-way stop controlled intersection to reduce congestion and enhance traffic flow. § On October 28, 2013, City Council approved a Municipal Agreement in the amount of $1,650,000 for the Shopton Road and Beam Road Roundabout Project. The cost allocation was as follows: - North Carolina Department of Transportation (NCDOT) funds: $1,125,000, and - City of Charlotte funds: $525,000. § During the design phase, staff realized that additional funding would be needed over the engineer’s original estimate. - Instead of a field survey, staff provided the original estimate based on a functional estimate. This approach is normal business practice for purposes of meeting the grant submission timeframe. § The actual field survey, which was completed during the planning phase, resulted in a cost estimate higher than the original estimate. As a result, staff requested NCDOT to provide additional Surface Transportation Program Direct Allocation funds. § The supplemental agreement for $855,000 is allocated as follows: - NCDOT funds: $684,000, and - City of Charlotte funds: $171,000. § The total project cost including this supplemental agreement is $2,505,000 and is allocated as follows: - NCDOT funds: $1,809,000 - City of Charlotte funds: $696,000 § The project is estimated to be complete during the second quarter of 2019. Fiscal Note Funding: Funding provided by North Carolina Department of Transportation and the Transportation Community Investment Plan Attachment Map Budget Ordinance Resolution City of Charlotte Page 32 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 Shopton Beam Roundabout_Map CDOT ord 2-13-17 NCDOT Contribution Resolution for Beam_Shopton Supplemental Municipal Agreement_FEB132017 38. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to execute a Developer Agreement with GSLH Realty Holdings Charlotte LLC, Goode Development Corporation and Holder Construction Group, LLC and B. Adopt a budget ordinance appropriating $159,582 in private developer funds for traffic signal improvements. Staff Resource(s): Scott Putnam, Transportation Explanation § The $159,582 in private developer funding is for traffic signals/upgrades and related work associated with developer projects. The funding is restricted to the projects noted below. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development projects: - GSLH Realty Holdings Charlotte LLC. contributed $141,582 for a new signal and push button pedestrian signals at the intersection of Church Street and W. Hill Street. - Goode Development Corporation contributed $14,000 for the relocation of fiber optic cable for the traffic signal at Idlewild Road and Monroe Road. A turn lane on Monroe Road is being constructed. - Holder Construction Group, LLC contributed $4,000 to relocate signal fiber optic cable from existing conduits along West Park Avenue from Camden Road to S. Tryon Street to new conduits provided by the contractor. § The above signals meet the same criteria as other traffic signals approved by the City. § Payments made by the developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § Any funding contributed by the developer for a signal project that is unused by the City will be refunded after project completion. § CDOT will be installing and operating these signals as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements 013017 CDOT ord 2-13-17 Developer Contributions City of Charlotte Page 33 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 39. Chrysler Dodge Jeep Original Equipment Manufacturer Parts Action: A. Award a unit price contract to the lowest responsive bidder, Lake Norman Chrysler Dodge Jeep, for the purchase of Original Equipment Manufacturer parts 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): Chris Trull, Management & Financial Services Explanation § Management & Financial Services currently maintains 310 Chrysler, Dodge, and Jeep vehicles in the City’s automotive fleet that require Original Equipment Manufacturer parts necessary for warranty and non-warranty repair services. § On November 16, 2016, Management & Financial Services issued an Invitation to Bid; two responsive bids were received from interested service providers. § Lake Norman Chrysler 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. § Annual expenditures are estimated to be $200,000. 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). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 34 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 40. Airport Passenger Boarding Bridges Procurement and Installation Action: A. Award a unit price contract in the amount of $42,529,197 to the lowest responsive bidder ThyssenKrupp Airport Systems, Inc. for the purchase and installation of passenger boarding bridges, B. Adopt a budget ordinance appropriating $4,808,398 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund, and C. Adopt a budget ordinance appropriating $7,593,953 from the Passenger Facility Charge fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § A passenger boarding bridge (PBB) is a complex piece of equipment that is used by the airlines to board passengers onto the aircraft. § During airline use agreement negotiations, the airlines identified the addition PBBs and the replacement of existing older PBBs as a priority to enhance customer service by providing a stable and enclosed path from aircraft to Terminal. § The contract with ThyssenKrupp Airport Systems, Inc. is for the purchase and installation of 57 PBBs, as well as the PBB components, including pre-conditioned air units, aircraft ground power units, and 34 gate baggage conveyors. - A total of 57 new PBBs will be installed: 9 on Concourse A and 24 on Concourse E. The remaining 24 PBBs are replacements for existing bridges on Concourses B, C and D. § On October 28, 2016, Aviation issued an Invitation to Bid for passenger boarding bridges. On November 30, 2016, Aviation held the bid opening; three bids were submitted by interested service providers. § ThyssenKrupp Airport Systems, 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. § Concourse A North Expansion is anticipated to be complete by spring 2018. § Concourse E Expansion Phase 8 is anticipated to be complete by summer 2019. § The remainder of the PBB replacements is anticipated to be complete by summer 2019. Actions B and C § On May 9, 2016, the City Council approved the issuance of Bond Anticipation Notes, which included $30,126,846 in funding for PBBs. The budget ordinance for Actions B & C completes the funding requirement of the contract. § Funding from Bond Anticipation Notes and discretionary funds used to begin these projects will ultimately be replaced by a combination of Passenger Facility Charges (PFC) and General Airport Revenue Bonds. § Non-PFC eligible costs will be reimbursed through airline rates and charges. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 35 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 Attachment Budget Ordinance Airport ORD021317 - Airport Passenger Boarding Bridges Procurement and Installation 41. Airport Traffic Control Services Action: A. Approve the purchase of Traffic Control Services from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), and B. Approve a unit price contract with G4S for the purchase of Traffic Control Services for a term of 181 days under Federal Supply Schedule 084, Special Item No. 246- 54: Guard Services, Contract #:GS-07F-0382K. Staff Resource(s): Jack Christine, Aviation Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § The Aviation Department is responsible for maintaining safety and security in front of the main Terminal including the enforcement of federal security regulations and traffic control. § The current Aviation staffing model does not adequately meet operational needs for traffic management. This bridge contract is necessary to provide staffing for traffic control while Aviation pursues a longer term contract for these services. § Aviation will use G4S Traffic Control Services to enhance safety and security giving Aviation the ability to effectively patrol and direct traffic in order to prevent congestion. § G4S will focus on curbside security and customer service while Airport resources and Charlotte-Mecklenburg Police Department staff handle other Terminal security and law enforcement responsibilities. § G4S has a contract awarded through Federal Supply Service, Contract # GS-07F-0382K that offers competitively obtained contracts to public agencies nationwide for guard services. § Aviation estimates expenditures to be $910,000. § Aviation intends to undergo a competitive process for Airport traffic control services solution and anticipates returning to City Council with a contract within the next six months. Charlotte Business INClusion These are cooperative purchasing contracts and are exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 36 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 42. Bus Preventive Maintenance Filters Action: A. Award a unit price contract to the lowest responsive bidder MHC Kenworth for the purchase of bus preventive maintenance filters for a term of one year, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Tangee Mobley, CATS Edward Pullan, CATS Explanation § The contract with MHC Kenworth will provide bus preventive maintenance filters (including air, oil and fuel filters), for the on-going maintenance of CATS large bus fleet and Special Transportation Services buses. § On December 21, 2016, CATS issued an Invitation to Bid; six bids were received from interested providers. § MHC Kenworth was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Staff anticipates renewing the contract for up to two additional, one-year terms. Prices may be adjusted at the time of renewal to account for market conditions. § Estimated contract expenditures are $125,000 per year. 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: CATS Operating Budget City of Charlotte Page 37 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 43. Bus Operations Human Resources/Payroll Software and Services Action: Authorize the City Manager to negotiate and execute a contract with Paylocity in an amount up to $925,000 for the installation, integration, operation, and maintenance of an automated payroll system, for a term of five years. Staff Resource(s): Tangee Mobley, CATS Explanation § CATS Bus Operations Division (BOD) is managed by an independent third-party contractor in compliance with federal law, and therefore is not part of the City’s HR/payroll system. § CATS BOD currently uses a payroll system called Ceridian HR/Payroll web version 3.8.1, which has been in place for 15 years. That system is outdated and Ceridian is now moving to a different software system. § On September 16, 2016, CATS issued a Request for Proposals (RFP) to procure an up-to-date automated HR & Payroll system and software integration; six proposals were received from interested service providers. § CATS BOD staff evaluated each proposal based on compliance with the criteria set forth in the RFP: - Qualifications and experience, - Project approach, and - Cost effectiveness. § The proposal review committee determined that Paylocity provided the best overall solution and value for the City. § CATS BOD will use the software for: - Payroll processing, - Applicant tracking, - Employee time and attendance, - Scheduling, - Leave management, - Labor analysis, - Labor cost reduction, - Benefits open enrollment, and - Employee self-service. § The automated timekeeping will allow managers to focus on productivity and eliminate errors and inconsistencies that result from manual applications as well as to make better informed workforce assignment decisions. § The overall cost of the contract includes maintenance fees for the extent of the contract. § The contract amount will be paid in equal monthly installments of $15,416.66 over the term of the contract. 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: Transit Community Investment Plan City of Charlotte Page 38 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 44. Long Creek Wastewater Treatment Plant Preliminary Engineering Report Action: Approve a contract in the amount of $1,613,422 with Black and Veatch International Company for professional engineering design services for the proposed Long Creek Wastewater Treatment Plant Preliminary Engineering Report. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The proposed Long Creek Wastewater Treatment Plant (WWTP) is a planned regional facility that will be located in western Mecklenburg County at the site of the existing Long Creek Lift Station. This facility is anticipated to initially be rated at 12 million gallons per day (MGD), with eventual buildout capacity of 25 MGD. § The goals of the overall Long Creek WWTP project are to protect water quality in Lake Wylie, eliminate extensive wastewater collection system pumping currently in use and to accommodate projected growth in western Mecklenburg County. § The purpose of the Preliminary Engineering Report is to take the initial step in developing design concepts of the WWTP, as well as associated forcemain and lift stations for the Cities of Belmont and Mount Holly. § The contract with Black and Veatch International Company will include engineering design services to: - Determine a site layout for two to three potential treatment technologies; - Evaluate influent pump station conversion requirements; - Evaluate future conveyance from the Cities of Belmont and Mount Holly; - Research necessary permits and proceed forward with obtaining applicable permits; - Conduct extensive geotechnical investigations of the WWTP site, pipelines and river crossings; - Survey and aerial photography and preparation of easement plats; - Review existing flow and nutrient loadings; - Support the National Pollutant Discharge Elimination System permit application; and - Update schedules and estimated project costs. § On September 2, 2016, the City issued a Request for Qualifications (RFQ) for Professional Engineering Services for Long Creek WWTP Preliminary Engineering Report. In response to the RFQ, the City received four proposals from interested professional service providers. § Charlotte Water evaluated the proposals and determined that Black and Veatch International Company 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. Background § As a regional facility, this project will treat flows from the Long Creek basin in Mecklenburg County and also accept flow from the Cities of Belmont and Mount Holly. There are existing Memorandums of Agreement (MOA) to treat the flow from Belmont and Mount Holly. The MOAs with Belmont and Mount Holly were approved by City Council and executed by the City Manager in 2011 and 2013, respectively. § Upon completion of the Preliminary Engineering Report, interlocal agreements with the Cities of Belmont and Mount Holly will be presented to Council on a future agenda. § An Environmental Impact Statement that will allow advancement of the permitting process was approved by the North Carolina Division of Water Resources in May 2015. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 City of Charlotte Page 39 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 (h) of the Charlotte Business INClusion Policy). Black and Veatch International Company has committed to 14.78% ($238,500) of the total contract to the following certified firms: § CES Group Engineers, LLP (SBE, WBE) ($155,500) (survey and data collection) § AmeriDrill Corporation (SBE) ($44,000) (drilling) § Avioimage Mapping Services, Inc. (SBE) ($29,000) (aerial photography) § Richa Graphics (MBE, SBE) ($10,000) (printing) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map CLTWATER_012317_LongCreekWWTPPER_Map City of Charlotte Page 40 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 45. Water Lab Equipment Action: A. Approve the purchase of analytical laboratory equipment as authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Approve a contract with PerkinElmer Health Sciences Inc. for the purchase of a system for the analysis of metals in water in the amount of $138,430.43. Staff Resource(s): David Czerr, 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 standardization and compatibility with existing equipment is the overriding consideration. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water conducts extensive and ongoing laboratory environmental testing to meet public health and water quality needs. § Charlotte Water Laboratory Services utilizes an Inductively Coupled Plasma/Mass Spectrophotometry system for the analysis of 23 metals, including copper, lead, and arsenic, in water. Currently 63% of all metals analyses are performed using one instrument. § The purchase of a second Inductively Coupled Plasma/Mass Spectrophotometry system will allow Charlotte Water Laboratory Services to meet increasing demand for metals analysis, improve sample turnaround times, and add redundancy to lab operations. § PerkinElmer Health Sciences Inc. is the sole manufacturer and supplier of PerkinElmer equipment. § The one-time purchase of the Inductively Coupled Plasma/Mass Spectrophotometry system includes the purchase of the system, delivery, installation, training, and one year of warranty coverage. § Post warranty service and maintenance of the system will be added to an existing service agreement covering the laboratory’s other PerkinElmer equipment. 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 41 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 46. 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 $15,852.89 and B. Adopt a resolution authorizing the refund of business privilege license payments in the amount of $1,295.83 Staff Resource(s): Scott Greer, 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. 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 47. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - January 9, 2017, Business Meeting - January 17, 2017, Zoning Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 42 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 PROPERTY TRANSACTIONS 48. In Rem Remedy: 308 Morningside Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (308 Morningside Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (308 Morningside Road) (Neighborhood Profile Area 330). Attachment In Rem Packet for (308 Morningside Road) In Rem Remedy 308 Morningside Rd.pdf City of Charlotte Page 43 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 49. In Rem Remedy: 1409 N. Davidson Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (1409 N. Davidson Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1409 N. Davidson Street) (Neighborhood Profile Area 22). Attachment In Rem Packet for (1409 N. Davidson Street) In Rem Remedy 1409 N Davidson St.pdf City of Charlotte Page 44 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 50. In Rem Remedy: 2037 also known as 2043 B 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: (2037 also known as 2043 B Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2037 also known as 2043 B Avenue) (Neighborhood Profile Area 139). Attachment In Rem Packet for (2037 also known as 2043 B Avenue) In Rem Remedy 2037 aka 2043 B Av.pdf City of Charlotte Page 45 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 51. In Rem Remedy: 3831 Plainview 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: (3831 Plainview Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (3831 Plainview Road) (Neighborhood Profile Area 6). Attachment In Rem Packet for (3831 Plainview Road) In Rem Remedy 3831 Plainview Rd.pdf City of Charlotte Page 46 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 52. In Rem Remedy: 4133 Foxford Place 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: (4133 Foxford Place) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4133 Foxford Place) (Neighborhood Profile Area 168). Attachment In Rem Packet for (4133 Foxford Place) In Rem Remedy 4133 Foxford Pl.pdf City of Charlotte Page 47 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 53. Property Transactions - Reedy Creek Stream Restoration, Parcel #17 Action: Approve the following Acquisition: Reedy Creek Stream Restoration, Parcel #17 Project: Reedy Creek Stream Restoration, Parcel #17 Program: Stream Restoration Owner(s): Joseph W. Grier, III and Margaret Ann Brookshire Property Address: Rocky River Road Total Parcel Area: 105,822 sq. ft. (2.429 acres) Property to be acquired by Fee: 105,822.09 sq. ft. (2.429 ac.) in Fee Simple Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-3 Use: Rural Homesite Tax Code: 105-061-22 Purchase Price: $14,300 Council District: 4 54. Property Transactions - Providence Road Sidewalk, Parcel #14 Action: Approve the following Acquisition: Providence Road Sidewalk, Parcel #14 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Providence Road Sidewalk, Parcel #14 Owner(s): Ron Erlich Property Address: 5000 Providence Road Total Parcel Area: 26,666 sq. ft. (.612 ac.) Property to be acquired by Easements: 1,973 sq. ft. (.045 ac.) in Sidewalk and Utility Easement, plus 1,962 sq. ft. (.045 ac.) in Temporary Construction Easement, plus 6 sq. ft. ( ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 187-123-21 Purchase Price: $33,650 Council District: 6 City of Charlotte Page 48 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 55. Property Transactions - Grier Heights Sidewalk, Parcel #9 Action: Approve the following Condemnation: Grier Heights Sidewalk, Parcel #9 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Housing and Urban Development reimbursement. Project: Grier Heights Sidewalk, Parcel #9 Owner(s): Rickey Kinard Hood, Ronnie Eugene Hood, Mildred W. Huntley, Charles Graham, Jr. and Evelyn G. Alexander Property Address: 326 Orange Street Total Parcel Area: 7,000 sq. ft. (.161 ac.) Property to be acquired by Easements: 358 sq. ft. (.008 ac.) in Sidewalk and Utility Easement, plus 415 sq. ft. (.01 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Bushes Zoned: R-5 Use: Single-family Residential Tax Code: 157-012-41 Appraised Value: $1,300 Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 56. Property Transactions - Grier Heights Sidewalk, Parcel #26 Action: Approve the following Condemnation: Grier Heights Sidewalk, Parcel #26 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Housing and Urban Development reimbursement. Project: Grier Heights Sidewalk, Parcel #26 Owner(s): Mildred Huntley, Paris Huntley, Jr., Ronnie E. Hood, Teresa Graham, Charles Graham, Jr., Evelyn Alexander and Francis G. White Property Address: 317 Heflin Street Total Parcel Area: 6,596 sq. ft. (.151 ac.) Property to be acquired by Easements: 258 sq. ft. (.006 ac.) in Sidewalk and Utility Easement, plus 764 sq. ft. (.018 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 157-012-34 Appraised Value: $1,975 Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 Adjournment City of Charlotte Page 49 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 57. 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 50 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 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 51 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 58. Reference - Property Transaction Process Property Transaction Process Following City 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 52 Printed on 2/8/2017 City Council Business Meeting Meeting Agenda February 13, 2017 59. 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 53 Printed on 2/8/2017