City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, September 28, 2015 Council Chambers City Council Business Meeting Mayor Daniel Clodfelter Mayor Pro Tem Michael Barnes Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Claire Fallon Council Member David Howard Council Member Patsy Kinsey Council Member Vi Lyles Council Member LaWana Mayfield Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda September 28, 2015 1. CITY COUNCIL MEETING Monday, September 28, 2015 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 23 Compressed Natural Gas Refuse Vehicle Grant Acceptance and Purchase 41 City Vehicle Purchases 43 Citywide Information Technology Contract Professional Services 44 Citywide Background Investigation Services 47 LYNX Blue Line Extension Sugar Creek Parking Garage 73 Property Transactions - Blue Line Extension, Parcel #1286 74 Property Transactions - Blue Line Extension, Parcel #1289 2. 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. 3. Closed Session Time: 45 minutes Action: Adopt a motion to go into closed session pursuant to: A. North Carolina General Statue 143-318.11(a)(3) to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to the attorneys concerning the handling or settlement of Dana G. Estridge v. City of Charlotte - I.C. No. 514648, and B. North Carolina General Statute 143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee, or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. City of Charlotte Page 2 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 4. Transportation Action Plan, Charlotte BIKES, and Charlotte WALKS Staff Resource(s): Danny Pleasant, Transportation Norm Steinman, Transportation Time: 30 minutes Explanation § Staff will present the purposes and key contents of the three plans: Transportation Action Plan (TAP), Charlotte BIKES, and Charlotte WALKS. § The City Council’s Transportation & Planning Committee referred the three related plans to full City Council for further discussion, in anticipation of action by the City Council in 2016. § The TAP is the City’s comprehensive plan for all transportation modes. § Charlotte BIKES is the new name for the City’s plan for bicycle travel. § Charlotte WALKS will be the City’s plan for pedestrian travel. § Two of the plans, the TAP and Charlotte BIKES, are intended to be updated every five years. The third plan, Charlotte WALKS, is a new plan representing a compilation of existing policies. Future Action The presentation is for information 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. City of Charlotte Page 3 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Introductions Invocation Pledge of Allegiance 6:30 P.M. CITIZENS FORUM 6. Dr. Plescia, Mecklenburg County Health Director Dr. Plescia will provide a report on the importance of all citizens getting vaccinated against the flu. 7. Domestic Violence Advisory Board Presentation Kimberly Livingston, Mecklenburg County Community Support Services, will share the Domestic Violence Advisory Board’s 2014 Annual Report. 8. Ovarian Cancer Awareness Month Mayor Clodfelter will read a proclamation recognizing the month of September as Ovarian Cancer Awareness Month. 9. Charlotte CROP Hunger Walk Day Mayor Clodfelter will read a proclamation recognizing October 18, 2015, as Charlotte CROP Hunger Walk Day. 10. Red Ribbon Week Proclamation Mayor Clodfelter will read a proclamation recognizing the week of October 25, 2015, as Red Ribbon Week in Charlotte. 11. Neighborhood Leadership Awards Recipients Mayor Clodfelter will recognize the recipients of the 2015 Neighborhood Leadership Awards. City of Charlotte Page 4 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 12. Consent agenda items 23 through 91 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. Consideration of consent Items that have not been pulled, and B. Consider of Consent Items with citizens signed up to speak to the item. City of Charlotte Page 5 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 ZONING City of Charlotte Page 6 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 13. Rezoning Petition 2015-088 Action: Render a decision on petition 2015-088 by Charlotte Parker & Marion McGaha - From R-3 (single-family residential), and - To UR-2 (urban residential, conditional). Staff Resource(s): Tammie Keplinger, Planning Explanation § The public hearing on this rezoning petition was held on July 20, 2015. § The property is approximately 1.95 acres located on the south side of Fairview Road between Park Road and Closeburn Road. (Council District 6 - Smith) § The petition proposes to allow the development of up to 18 attached residential dwelling units for a density of 9.2 units per acre. § The City Council deferred the decision on this sufficiently protested petition at the September 21, 2015, Zoning Meeting to the Council Business Meeting on September 28, 2015, to allow time for an updated site plan to be submitted. § The Zoning Committee previously found the proposed land use to be consistent with the South District Area Plan. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 7-0 to recommend approval of this petition as modified. § Staff agrees with the recommendation of the Zoning Committee. § NOTE: The City Council must determine by a 3/4 vote if the following changes to the site plan after the Zoning Committee vote are substantial and if the petition should be referred back to the Zoning Committee for review. 1. The “height note” has been revised so that the height is: “not to exceed 2 stories to the soffit”. (This is consistent with the building elevations provided.) 2. A note and plan change has been added to prohibit connection of the southernmost driveway onto Closeburn Road. Specifically, the note reads: “Alley will not be connected to Closeburn at this location.” 3. Additional description has been added to note “E” under “Transportation and Planning,” as follows: “Occupancy permits shall be withheld until final approval of abandonment process and related improvements are completed. Occupancy permits shall not be withheld if City does not approve right-of-way abandonment.” 4. A new section “Construction Access” has been added. Note “A” reads: “Signage shall be provided requiring construction equipment and materials delivery to the site to come from the Park Road end of Closeburn Road, and the petitioner shall make reasonable efforts to enforce such access restrictions.” 5. A revised site plan has been submitted. Attachment Zoning Committee Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan City of Charlotte Page 7 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Consistency Statements-9-22-15 2015-088_reco_7-29-15_final 2015-088_staff_7-20-15_FINAL 2015-088 vicinity map 2015-088 rezoning map 2015-088_RevisedSitePlan_09-22-2015 City of Charlotte Page 8 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 14. Rezoning Petition 2015-026 Action: Render a decision on petition 2015-026 by Robert Drakeford - From R-5 (single family residential), and - To UR-2-CD (urban residential, conditional). Staff Resource(s): Laura Harmon, Planning Explanation § The public hearing on this rezoning petition was held on June 15, 2015. § The property is approximately 1.14 acres located on the north site of McClintock Road near the intersection of St. Julien Street and McClintock Road. (Council District 1 - Kinsey). § The petition proposes to allow two developments on the north and south sides of McClintock Road totaling 11 single-family detached, two-story dwellings. § The item was on the Zoning Meeting Agenda for a decision on September 21, 2015. The City Council voted to deny this sufficiently protested petition; however, the City Council did not have the needed majority vote to pass the corresponding consistency statement required by State Law. § As a result, this item was referred to the September 28 Council Business Meeting. § The Zoning Committee previously found this petition to be consistent with the Central District Plan and the General Development Policies. Therefore, they found the petition to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 6-0 to recommend approval of this petition with the noted modifications. § Staff agrees with the recommendation of the Zoning Committee. § Note: The City Council must determine by a 3/4 vote if the following changes to the site plan after the Zoning Committee vote are substantial and if the petition should be referred back to the Zoning Committee for review. § The petitioner: 1. Reduced the maximum building height for all buildings from 40 feet and three stories to 34 feet and two stories, with soffits no higher than 24 feet. 2. Committed to install a wrap-around porch on House #6 in Area A. 3. Committed to install a wrap-around porch on House # 4 in Area B. 4. Reduced number of single family detached dwellings from 12 to 11 by eliminating House #7 in Area A. 5. Added 10 feet to the setback for Houses #1 through #6 along McClintock Road in Area A to reflect a total 20-foot minimum setback from the property line, and the property line is ten feet from the back of curb. 6. Added five feet to the setback for Houses #1-4 along McClintock Road to reflect a 25-foot setback from the back of curb. 7. Added an additional 10 feet to House #5 in Area B to reflect a 30-foot setback from the back of curb along St. Julien Street. 8. Amended minimum setback for the side of homes facing St. Julien Street to 16 feet, which is changed from a 20-foot minimum setback for heated living space and a 16-foot overall setback from back of curb for side lots facing St. Julien Street. 9. Added an option for homes in Area A to have an attached or detached garage. 10. Eliminated heated living space above the detached garages in Area A. Detached garages are limited to one story in Area A. 11. Limited optional heated living space above for attached garages in Area A, which will be additional living space for the primary home. 12. Committed to a five-foot tall privacy fence that runs perpendicular to St. Julien Street along the northern property line. City of Charlotte Page 9 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 13. Eliminated a driveway access to the garage for House #1 in Area A. Access now provided off the residential access alley. 14. Shifted location of the proposed residential access alley in Area A to be closer to the northern exterior property line. 15. Clarified that the optional heated living space allowed above all garages in Area B will be additional living space for the primary home. 16. Corner lot Home #6 in Area A will have at least two windows on the second floor of the side of the house facing St. Julien Street to avoid blank walls. This is reduced from a minimum of three windows. 17. Corner lot Home #4 in Area B will have at least two windows on the second floor of the side of the house facing St. Julien Street to avoid blank walls. This is reduced from a minimum of three windows. 18. Amended building elevations to include several front and side elevations. 19. Deleted requirement for evergreen foundation shrubs to be planted along the side of homes facing St. Julien Street in Area A and Area B. 20. Deleted requirement for evergreen shrubs to be planted along the northwest corner of the alley facing St. Julien Street for screening in Area A. Note no longer needed due to elimination of House #7 in Area A. Attachment Zoning Committee Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan Statements of Consistency 2015-26_ZC_Reco_06-24-15 2015-26_Staff Analysis_06-15-15 Final (2) 2015-026 vicinity map 2015-026 rezoning map revised3 2015-026_9-14-15_FINAL City of Charlotte Page 10 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 15. Rezoning Petition 2014-109 Action: Reconsider the decision on 2014-109 by Midtown Area Partners II, LLC - From UR-C(CD) (PED) (urban residential - commercial, conditional, pedestrian overlay), B-1 (PED) (neighborhood business, pedestrian overlay) and R-8 (single family residential), and - To B-2 (PED-O) (general business, pedestrian overlay, optional), UR-C (PED-O) (urban residential - commercial, pedestrian overlay, optional) and R-8MF (PED-O) (multi-family residential, pedestrian overlay, optional) with five-year vested rights. Staff Resource(s): Tammie Keplinger, Planning Explanation § The public hearing on this rezoning petition was held on April 20, 2015. § The property is approximately 1.99 acres located on the northeast corner of the intersection of Baxter Street and South Kings Drive and the south side of Luther Street between Cecil Street and Cherry Street. (Council District 1 - Kinsey). § The petition proposes to allow a mixed use development including a 270,000-square foot building, an 187,450-square foot parking structure with up to 4,600 square feet of commercial uses on the street level, and up to eight single-family attached dwelling units. § The City Council voted to deny this sufficiently protested petition at the September 21, 2015, Zoning Meeting; however, the City Council subsequently voted at the September 21 meeting to reconsider this item at the Council Business Meeting on September 28, 2015. § The Zoning Committee previously found the proposed land use to be consistent with the Midtown Morehead Cherry Area Plan; however, the building heights and some of the setbacks and streetscapes were found to be inconsistent the Midtown Morehead Cherry Area Plan. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 5-0 to recommend approval of this petition as modifications. § Staff agrees with the recommendation of the Zoning Committee. § NOTE: The City Council must determine by a 3/4 vote if the following changes to the site plan after the Zoning Committee vote are substantial and if the petition should be referred back to the Zoning Committee for review. 1. The petitioner has committed to reduce the height of the building in Area A to 100 feet. Attachment Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan City of Charlotte Page 11 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Consistency statements for 9-28-15 2014-109_reco_5-27-15_for July agenda 2014-109_staff_4-20-15 final finalREV 2014-109 vicinity map 2014-109 rezoning map revised5 2014-109_RevisedSitePlan_05-22-2015 City of Charlotte Page 12 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 POLICY 16. City Manager’s Report City of Charlotte Page 13 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 17. Charlotte Regional Workforce Development Consortium Agreement Action: Approve the Economic Development & Global Competiveness Committee’s recommendation to adopt a resolution approving an amended and restated Charlotte Regional Workforce Consortium Agreement. Committee Chair: Michael Barnes Staff Resource(s): Bill Cronin, Neighborhood & Business Services Anna Schleunes, City Attorney’s Office Explanation § In 1999, the City of Charlotte and Mecklenburg County entered into the Charlotte Regional Workforce Consortium Agreement (Agreement) that established a consortium to act jointly as a local workforce development board pursuant to the 1982 Job Training Partnership Act, the Social Security Act, the North Carolina Employment and Training Grant Program, and the 1998 Workforce Investment Act. § CharlotteWorks, formerly Charlotte-Mecklenburg Workforce Development Board, is named in the Agreement as the local workforce development board for the City of Charlotte and Mecklenburg County. § The recently federally-adopted Workforce Innovation and Opportunity Act (WIOA) is a replacement to the former Workforce Investment Act of 1999. It will require a few minor modifications to the Agreement (e.g. updating date references, adding provisions required by the new act, etc.). § A 25-member board of directors, representing various industries and organizations in Charlotte-Mecklenburg, governs the activities of CharlotteWorks. § Although the WIOA allows for the joint appointment of board members by the City and Mecklenburg County, currently, the City appoints all 25 members of the board. § Mecklenburg County recently expressed an interest in having an opportunity to appoint members of the CharlotteWorks board. § CharlotteWorks is requesting approval of an amended and restated Agreement that includes the necessary WIOA modifications and allocates 20% of board appointments to Mecklenburg County. § Under this new arrangement, the City will retain 20 board members, appointed by the Mayor as it is in the current structure, and Mecklenburg County will appoint five board members, all of which are to be appointed by the Mecklenburg County Commission Chair. Mecklenburg County’s appointments will begin in Fiscal Year 2017. § The Mecklenburg County Board of Commissioners will be asked to approve this item at their meeting on October 6, 2015. Economic Development & Global Competitiveness Committee Discussion § On September 17, 2015, the Economic Development & Global Competiveness Committee (Committee) voted unanimously (Barnes, Lyles, and Austin) to adopt a resolution to approve an amended and restated Agreement. § Additionally, the Committee requested CharlotteWorks complete a skills gap analysis to engage the chronically-unemployed population. Attachment CharlotteWorks Board of Directors 2015 Amended and Restated Charlotte Regional Workforce Consortium Agreement Resolution City of Charlotte Page 14 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Charlotte Regional Workforce_9-28-15 Consortium Agreement_WIOA 2015 Resolution for Interlocal Charlotte Works City of Charlotte Page 15 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 BUSINESS City of Charlotte Page 16 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 18. Business Investment Grant for Royal Appliance Mfg. Co. d/b/a TTI Floor Care Action: Approve the City’s share of a Business Investment Grant to Royal Appliance Mfg. Co. d/b/a TTI Floor Care for a total estimated amount of $57,947 over three years (Total City/County grant estimated at $156,687). Staff Resource(s): Bill Cronin, Neighborhood & Business Services Explanation § Royal Appliance Mfg. Co. d/b/a TTI Floor Care (Company) is headquartered in Glenwillow, Ohio and is a wholly owned subsidiary of Techtronic Industries Co. Ltd., based in Hong Kong. The Company’s principle areas of business are power tools, outdoor power equipment, floor care products, solar lighting, and electronic measuring products. Their best known product lines are Dirt Devil, Oreck, Royal, Milwaukee, AEG, Ryobi, Homelite, and Hoover. § The Company’s global servicing network extends throughout North America, Europe, and Australia, and the Company currently employs more than 20,000 people. The Company operates four distribution centers and an e-commerce center in the United States. § On August 25, 2015, the Company announced its decision to locate a North American Transformative Market of Excellence operation in Charlotte, supporting logistics and recruitment of top talent employees for marketing positions and production operations in existing locations, and the company’s clients. The operation will be located in an existing 65,903 square foot multi-tenant building on IBM Drive. § The Company received a competitive offer from York County, South Carolina. § The project will include the following: - $5 million in capital investment (up-fitting offices, office furniture, and computers) - 200 new jobs over two years (82% locally hired and 18% relocated) with an average annual wage of $90,748 (188% of the regional average wage) - New jobs will be in the areas of customer service, finance, legal, human resources, business development, logistics, marketing, and executive leadership. Business Investment Grant § The project meets each of the City Council-approved criteria for a three-year, 90% Standard Grant. § On June 27, 2015, the City Council, in a closed session, indicated its intent to approve a Business Investment Grant to the Company. § On August 4, 2015, the Mecklenburg County Board of Commissioners, in a closed session, indicated its intent to approve a Business Investment Grant to the Company, and will vote in public session on October 6, 2015. § The state of North Carolina has awarded a $3.7 million Job Development Investment Grant and a $230,000 Customized Training Grant. § The general terms and conditions of this grant include: - A portion of the grant must be repaid if the company moves this investment from Charlotte within three years of the end of the grant term. - Actual grant payments are based on the value of the investment as appraised by the Mecklenburg County Tax Office. - All property taxes due from the company must be paid before a grant payment is made. Fiscal Note Funding: Business Investment Grant Attachment Business Investment Grant Analysis City of Charlotte Page 17 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 072715_Attachment_NBS_Business Investment Grant Analysis_revised 19. Appointments to the Civil Service Board Action: Vote on blue paper ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Two appointments for three-year terms ending May 15, 2018. - Madeline DeGrace by Council member Phipps. - Antonio Gaither by Council member Lyles. - Brenda Johnson by Council members Fallon and Kinsey. - Constance Green-Johnson by Council members Austin, Barnes, and Mayfield. - Bev Merritt by Council members Barnes, Howard, Kinsey, Lyles, and Phipps. - James Rorie by Council member Howard. - Deborah Stevenson by Council members Driggs and Fallon. - Nicholas Wind-McJetters by Council member Autry. Attachment Civil Service Board Applicants CSB-September 28 20. Appointments to the Transit Services Advisory Committee Action: Vote on blue paper ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a local/express service passenger for an unexpired term beginning immediately and ending January 31, 2017. - Joshua Niday by Council members Austin, Autry, Barnes, and Mayfield. - Brett Wallace by Council member Kinsey. § One appointment for a van pool rider representative for an unexpired term beginning immediately and ending January 31, 2016, and then continuing for a full three-year term beginning February 1, 2016, and ending January 31, 2019. - Kalan Pegg by Council members Austin, Kinsey, Mayfield, and Phipps. - Stephen Rhodes by Council member Barnes. - *Casey Celli by Council member Driggs. - *Corine Mack by Council member Fallon. Applicants with an asterisk (*) do not fall into requested category requirements. Attachment Transit Services Advisory Committee Applicants TSAC-September 28 21. Conclusion of Consent Agenda City of Charlotte Page 18 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 22. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 19 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 CONSENT 23. Compressed Natural Gas Refuse Vehicles Grant Acceptance and Purchase Action: A. Authorize the City Manager to accept the 2015 Clean Fuel Advanced Technology Grant award of $169,008, and B. Adopt a budget ordinance appropriating $169,008 from North Carolina State University’s North Carolina Clean Energy Technology Center. Staff Resource(s): Victoria Johnson, Solid Waste Services Chris Trull, Management & Financial Services Explanation § The Clean Fuel Advanced Technology project is focused on reducing transportation related emissions in North Carolina counties that have air quality concerns. North Carolina State University’s North Carolina Clean Energy Technology Center is the facilitator for this project. The project is funded by the North Carolina Department of Transportation. § The City was an initial recipient of this grant in November 2013. On August 21, 2015, Solid Waste Services was notified of an additional grant award of $169,008 and grant extension until March 31, 2016. Accepting the grant requires the City to match 20%, or $42,252. § The grant and City matching funds will cover the incremental cost difference between five diesel and Compressed Natural Gas (CNG) cab/chassis. The current incremental difference is $42,252 per vehicle. § The five CNG refuse truck cab/chassis are to be purchased through a cooperative purchasing contract with Chastang’s Bayou City Autocar approved by the City Council on July 27, 2015. The new annual contract expenditures are estimated to be $1,531,119. § The additional CNG vehicles will not expand the overall Solid Waste Service fleet but will replace five diesel vehicles scheduled for replacement through the City’s approved Fiscal Year 2016 General Capital Equipment list. § The five CNG fueled refuse trucks burn cleaner fuel, reduce carbon dioxide emissions, and provide fuel cost savings. Compressed natural gas is currently 25% less expensive than diesel fuel. § The project supports the City’s commitment to sound environmental practices in City facilities and operations. The purchase of these five CNG vehicles will increase the CNG refuse truck fleet to 20. Fiscal Note Funding: 2015 Clean Fuel Advanced Technology Grant and General Capital Equipment Replacement Fund Attachment Budget Ordinance SWS CNG Grant Ordinance 9.16.2015 City of Charlotte Page 20 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 24. Sexual Assault Kit Backlog Elimination Grant Program Action: A. Authorize the City Manager to accept a grant from the New York County District Attorney’s Office in the amount of $557,974 to test 885 unprocessed sexual assault kits, B. Adopt a budget ordinance appropriating $557,974 from the New York County District Attorney’s Office, C. Approve a contract with Bode Cellmark in the amount of $554,475 for the service of processing Charlotte-Mecklenburg Police Department backlogged sexual assault kits for the term of two years, and D. Authorize the City Manager to renew the contract for up to two, one-year terms, and possible adjustments, if required. Staff Resource(s): Mike Smathers, Police Melanie Peacock, Police Explanation § As a result of New York City’s 1991 discovery of 17,000 untested sexual assault evidence kits in its storage facilities, District Attorney of New York County, Cy Vance, announced that his office would assist communities across the country by awarding $35 million to jurisdictions and states to eliminate their sexual assault kit backlogs. § The Charlotte-Mecklenburg Police Department (CMPD) has been selected to receive funding through the Sexual Assault Kit Backlog Elimination Grant Program. § Sexual assault kits (rape kits) include collections of evidence taken during an extensive and thorough examination conducted at a hospital or rape crisis center following a sexual assault. § Currently, there are 885 unprocessed sexual assault kits stored at CMPD’s property and evidence room, including 471 that are no longer active or do not have proper evidence to move forward in the investigation process. § North Carolina does not have a statute of limitation for prosecuting sexual assault cases. § With the grant, all 885 kits will be fully processed and entered into national forensic databases, which may potentially produce a matching suspect. § Bode Cellmark Forensics laboratory in Virginia, one of two private forensic laboratories secured through this grant program by the New York County District Attorney, will process CMPD’s backlogged sexual assault kits at a total cost of $554,475: - Sexual assault kits will be sent to the lab at $625 per kit, and - Total shipping costs of 885 kits is $1,350. § The $557,974 grant also includes $3,499 for all travel and training expenses associated with CMPD staff attending the required two-day Bureau of Justice Assistance workshop in Washington, D.C. § The grant period is from October 1, 2015, through September 30, 2017. § This grant does not require City matching funds. Fiscal Note Funding: Sexual Assault Kit Backlog Elimination Grant Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 21 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 25. 2015 Justice Assistance Grant Action: A. Accept a grant from the U.S. Department of Justice in the amount of $441,241 from the Justice Assistance Grant Program, and B. Adopt a budget ordinance appropriating $441,241 in grant funds from the U.S. Department of Justice. Staff Resource(s): Vicki Foster, Police Katrina Graue, Police Paul Paskoff, Police Rachel Vanhoy, Mecklenburg County Sheriff’s Office Explanation § Each year, the City of Charlotte receives funds from the Justice Assistance Grant Program administered by the U.S. Department of Justice. The grant funds must be used for law enforcement purposes. § The grant award amount is based on an index of reported violent crime rates. § The enabling legislation for the grant requires that the City share a portion of the funds with Mecklenburg County, since the County is responsible for the incarceration of offenders. The formula for distribution is 75/25, with the City of Charlotte receiving 75% of the funds and Mecklenburg County (Sheriff’s Office) receiving 25% of the awarded funds. § The City’s share of the funds will be $330,931; Mecklenburg County will receive $110,310. § The Charlotte-Mecklenburg Police Department will use the grant funds for three purposes: - $155,915 will be used to cover overtime for patrol officers to address crime problems at the neighborhood level, including responding to emerging crime trends, identifying and targeting suspects, and working with partners to address crime. - $20,000 will be used to cover overtime for Crime Lab employees to complete evidence analysis in priority cases and to address any backlogs in evidence analysis. - $155,016 will be used to fund the Police Cadet Program, in which college students majoring in criminal justice gain exposure to police work while they perform tasks that do not require expertise of sworn police officers. § The grant does not require matching funds from the City. § The grant period runs from October 1, 2014, to September 30, 2018. Fiscal Note Funding: Justice Assistance Grant Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 22 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 26. Evidence Lockers Action: A. Approve the purchase of evidence lockers, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Connecting Elements for the purchase of evidence lockers for the term of three years and, C. 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): Brian Russell, Police Greg Crystal, Police 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 is the overriding consideration. § The City Council must approve purchases made under the sole source exception. Explanation § The Charlotte-Mecklenburg Police Department has installed Connecting Elements evidence lockers at the Law Enforcement Center and five other divisions. § Currently, all evidence from divisions without evidence lockers is taken to the Law Enforcement Center. § Installing evidence lockers in the remaining seven divisions will eliminate the need for the officers to drive the property to the Law Enforcement Center, substantially increasing the time that the officer is available for service in their respective division. § Purchasing lockers consistent with existing lockers installed at division offices will provide consistency throughout the department in how the officers use all evidence lockers. § Future maintenance and warranty work will be better managed through one company. § Annual expenditures for Fiscal Year 2016 are estimated to be $120,000 and will be $60,000 annually for the following two years. § The evidence lockers are being sole sourced in order to maintain uniformity. Having uniform lockers accommodates the chain of custody transfer between the officer and the division evidence locker. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget and Asset Forfeiture Funds City of Charlotte Page 23 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 27. Everbridge Emergency Mass Notification System Action: A. Authorize the City Manager to approve price adjustments and amend the contract with Everbridge for the Emergency Alert and Notification System consistent with the City’s business needs and the purpose for which the contract was awarded, B. Authorize the City Manager to purchase maintenance and support for as long as the City uses the system, and C. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system. D. Adopt a budget ordinance appropriating $81,140 in system cost share contributions from Mecklenburg County and Towns of Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville. Staff Resource(s): Rich Granger, Fire Explanation § On September 13, 2013, the City Council authorized the City Manager to approve a three year contract and up to three, one-year renewal options for extended software maintenance and support for the Everbridge Notification System. § To date, Everbridge remains the leader of Emergency Alert and Notification products due to its vision, leadership, and execution in emergency alerting and crisis/incident management integration. § This is a hosted system that is used for unlimited emergency and non-emergency notifications to the public, to include missing persons, severe weather, evacuations, severe weather road conditions, infectious diseases, prescribed burns, live fire training, and rabies notifications. § Residents and employees can be notified in minutes, with one notification, allowing management to focus on critical decisions. This system is used for the following: - Reverse 911 notifications to residents for emergency and non-emergency alerts; - Charlotte-Mecklenburg Police Department notifications to command staff about critical incidents; - Charlotte Fire Department for callbacks during emergency situations, such as multiple-alarm fires; - Mecklenburg County Sheriff’s Office for command staff incident notifications; and - City, County, and Town employee notification of government delays and closings. § Since the system was initially implemented, technology enhancements have become available that the City would like to provide to its residents. § As enhancements are made to the system, these additional services can easily be added to the contract, since the system is hosted, but may require an additional fee. § The Fire Department requests authorization to purchase additional services for the Everbridge system that will provide enhanced functionality to residents and increase the efficiency of disseminating important information to the community. For example, the mobile service will allow residents to receive notifications via a smartphone application that is compatible with both Android and iOS phones, which means that a person can receive notifications at any time of day, no matter their location. § The cost for this system will be shared among the City, the County, and the six Towns, based on population, as follows: - Charlotte-$168,860 - Mecklenburg-$50,000 City of Charlotte Page 24 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 - Cornelius-$5,580 - Davidson-$2,420 - Huntersville-$10,540 - Matthews-$5,940 - Mint Hill-$5,000 - Pineville-$1,660 § Expected annual maintenance is $250,000, including $30,000 for the new mobile service. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion policy). Fiscal Note Funding: Fire Emergency Management Operating Budget, Mecklenburg County, and Towns (Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville) Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 25 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 28. North Church Street Closing at CSX Railroad Crossing Action: Award a contract in the amount of $618,240 to the lowest responsive bidder Blythe Development Company for the construction of the North Church Street Railroad Crossing project. Staff Resource(s): Alan Morrison, Engineering & Property Management Felix Obregon, Transportation Explanation § In January 2007, the North Carolina Department of Transportation and Charlotte Department of Transportation signed a Memorandum of Understanding (MOU) outlining certain projects to improve safety of railroad crossings. § The North Church Street Railroad Crossing project will address safety issues by closing North Church Street at the CSX Railroad crossing. § To provide full access to all of the businesses along the corridor, the project will: - Convert the 900 block of North Church Street to a two-way operation, - Extend Wadsworth Place to North Church Street, - Signalize North Tryon Street at Wadsworth Place, and - Add turnaround areas at the ends of the closed section of North Church Street to allow large vehicles adequate ingress and egress. § On April 28, 2015, the City advertised an Invitation to Bid; three bids were received from interested service providers. All bids received exceeded the estimate and all bids were rejected by the City Manager (with concurrence from the North Carolina Department of Transportation). A re-evaluation of the estimate was made and the project was re-advertised. § On July 16, 2015, the project was re-advertised. Two bids were received from interested service providers and staff was able to accept the bids. § Blythe Development Company was selected as the lowest responsive bidder. § The total project cost is $1,815,000 and the project includes Federal Reimbursement in the amount of $975,000. The remaining balance of $221,760 will be used towards signalization and other project expenses. § Construction is expected to be completed by third quarter 2016. Disadvantaged Business Enterprise Established DBE Goal: 5.00% Committed DBE Goal: 5.83% Blythe Development Co. exceeded the established DBE goal and has committed 5.83% ($36,048.50) of the total contract amount to the following certified DBE firms: § Bullington Construction Inc. (DBE), state WBE ($36,048.50)(barricades and chain link) Fiscal Note Funding: Transportation Community Investment Plan and North Carolina Department of Transportation Attachment Map Location Map - North Church Street Railroad Crossing City of Charlotte Page 26 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 29. CityLYNX Gold Line Phase 2 Real Estate Services Action: A. Award the following real estate related service firms for a five year term: 1. ROW Acquisition and Relocation Services a. THC, Inc ($225,000) 2. Appraisal Services a. Fortenberry Lambert, Inc. ($20,000) b. Integra Realty Resources ($70,000) c. T. B. Harris, Jr. & Assoc., Inc. ($50,000) 3. Appraisal Review Services a. The Hanes Group, Inc. ($20,000) b. William R. Morgan ($20,000) Staff Resource(s): Becky Insogna, Engineering & Property Management Greg Crawford, Engineering & Property Management Explanation § Separate contracts are required to meet the guidelines of federal agencies, including Federal Transit Administration, Federal Highway Administration, Housing and Urban Development, and North Carolina Department of Transportation. § City Council previously authorized $12 million to advance project development for the Small Starts Grant application process. To date, approximately $9 million has been encumbered or expended. The aforementioned contracts, totaling $405,000, are within the previously authorized $12 million. § These contracts will allow appraisals and negotiations with critical property owners to begin. Appraisals are necessary to advance the cost estimate in order to finalize the Small Starts Grant Agreement with Federal Transit Administration. § Based on the current project schedule and continued work with the Federal Transit Administration, it is anticipated that the Small Starts Grant Agreement will be awarded in the first quarter of 2016, contingent upon Congressional Appropriations. § Although no streetcar construction work will begin until the Small Starts Grant Agreement is received, some critical property negotiations/acquisitions may need to be advanced prior to the grant approval to maintain the project schedule. In accordance with North Carolina General Statues, the City Charter and Council Resolution, any negotiations resulting in real estate acquisition will be brought to City Council for individual approval. § The work is eligible for reimbursement upon execution of the Small Starts Grant Agreement. Real Estate Acquisition and Relocation Services § The contract will ensure that Federal Transit Administration guidelines for acquiring real property for use on federally funded projects are followed. § Right-of-way acquisition and relocation services are required to obtain title to the property rights necessary for the construction and operation of the CityLYNX Gold Line Phase 2 Project and to relocate any persons displaced as a result of the project. § The consultant will negotiate the acquisitions and provide relocation assistance, if needed, to all eligible persons displaced by the project. § The City will issue work orders for the project to each contractor. § In July 2015, a Request for Proposals for these services was advertised; seven firms submitted a proposal for acquisition and relocation services. § THC, Inc was selected using the federal competitive proposal selection process. The criteria included previous experience on Federal Transit Administration projects, performance and pricing using the City Council-approved selection process. Appraisal and Appraisal Review Services City of Charlotte Page 27 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 § The contract will ensure that Federal Transit Administration guidelines for acquiring real property for use on federally funded projects are followed. § Real estate appraisal and real estate review appraisal services are required during the real estate acquisition phase of public projects to determine impacts to real property. § Certified independent real estate appraisers are required to have expertise in eminent domain appraisals and establishing fair and just compensation for property owners. § Each property must have an appraisal before compensation can be established. § In August 2015, a Request for Proposals for these services was advertised; nine firms submitted a proposal for appraisal and appraisal review services. § The firms were selected using the federal competitive proposal selection process. The criteria included previous experience on Federal Transit Administration projects, performance and pricing using the City Council-approved selection process. Background § The CityLYNX Gold Line Phase 2 project extends the Phase 1 streetcar alignment by 2.5 miles on the east and west ends, creating a system that totals 4 miles. § CityLYNX Gold Line Phase 2 will head west 2 miles from the Charlotte Transportation Center to French Street and east one-half mile along Hawthorne Lane from Novant Health to Sunnyside Avenue. § Phase 2 will serve as an engine for economic growth by providing effective and efficient transit operations, connecting key neighborhoods and maximizing development opportunities. Disadvantaged Business Enterprise No subcontracting goals were established for these contracts because there are no opportunities. Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 28 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 30. Residential Relocation Payments Action: Authorize the City Manager to approve Residential Relocation Payments associated with the Pawtuckett Neighborhood Improvement project. Staff Resource(s): Becky Insogna, Engineering & Property Management David Meachum, Engineering & Property Management Explanation § Real estate acquisition for the Pawtuckett Neighborhood Improvement project will require the relocation of one residential owner-occupant located at 6746 Glenmoor Drive. § The project required a storm drainage culvert to be enlarged on the property. After construction, it was apparent the physical and financial impacts to the property were greater than anticipated during design and easement acquisition. § Staff reviewed several options with the owner and determined that the cost to redesign and construct an alternative drainage system would be greater than the cost to relocate the property owner. § All residential relocations required for City community investment projects are completed in accordance with the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970 as amended (Uniform Act), which allows for reimbursement of replacement housing payments, moving expenses, and the removal of barriers for persons with disabilities. § The City follows the URA on all relocations in order to treat property owners fairly and consistently when they are displaced as a result of an improvement project. § The relocation reimbursement for this owner-occupant, including modifications to the replacement dwelling, is estimated to exceed $100,000 and requires City Council approval § Staff anticipates the City selling the property at 6746 Glenmoor Drive to a buyer who will accept the property in its present condition at the approximate appraised value of $55,500. The property is for residential use. Background § The Uniform Act intends to ensure that owners of real property to be acquired and nonprofit businesses displaced as a direct result of improvement projects are treated fairly, consistently, and equitably. § The Uniform Act also intends to ensure that the agencies acquiring property implement these regulations in a manner that is efficient and cost effective. § Eligible relocation benefits for residential relocations are determined by the cost difference of the appraised value of the home being purchased and the value of an available decent, safe, and sanitary comparable replacement. § Relocation benefits for modifications to the replacement dwelling in order to be handicap accessible is determined by the lower of at least two bids from qualified contractors and are paid for actual expenses incurred. Fiscal Note Funding: Neighborhood Community Investment Plan Attachment Map Location Map - Residential Relocation Payments City of Charlotte Page 29 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 31. Repairs to City Bridges Action: Award a contract in the amount of $2,771,337.60 to the lowest responsive bidder Lee Construction Company of the Carolinas, Inc. for the Fiscal Year 2015 Bridge Structure Repairs project. Staff Resource(s): Gus Jordi, Transportation Explanation § The Federal Highway Administration mandates that bridges and culverts be inspected every two years for structural adequacy, safety, and functionality. § The City is responsible for the inspection and maintenance of 208 bridges within Charlotte’s city limits. - On March 24, 2014, City Council approved a contract to inspect City bridges and culverts. - On March 23, 2015, City Council approved a contract for repair design. § The repair contract provides for routine construction and maintenance work to 96 bridges identified in the inspection process. § Work includes but is not limited to: - Superstructure replacement; - Concrete pavement repairs; - Asphalt surface sealing, repair, or replacement; - Brush and tree control; - Debris removal; - Soil and erosion repairs; - Barrier rail, hand railing installation, and repairs; - Retaining wall repairs and replacement; - Culvert repairs; - Removal, containment and disposal of the existing materials; - Traffic control; and - Erosion and sediment control. § On July 22, 2015, an Invitation to Bid was advertised for the Fiscal Year 2015 Bridge Structure Repairs project; three bids were received. § Lee Construction Company of the Carolinas, Inc. was selected as the lowest responsive, responsible bidder. § Bridge repair funding is provided through the 2014 Bond Referendum and it is included in the Transportation Community Investment Plan. Charlotte Business INClusion Established SBE Goal: 12.00% Committed SBE Goal: 14.18% Lee Construction Company of the Carolinas, Inc. exceeded the established SBE subcontracting goal, and has committed 14.18% ($392,970) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): • Oliver Paving Company, Inc. (SBE, WBE) ($335,000) (paving) • Jones Grading & Fencing, Inc. (SBE, MBE) ($57,970) (hauling) Established MBE Goal: 2.00% Committed MBE Goal: 2.09% Lee Construction Company of the Carolinas, Inc. exceeded the established MBE subcontracting goal, and has committed 2.09% ($57,970) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): City of Charlotte Page 30 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 • Jones Grading & Fencing, Inc. (SBE, MBE) ($57,970) (hauling) Fiscal Note Funding: Transportation Community Investment Plan Attachment Map List of Bridges Bridge Repairs Inspection Cycle 2014 Map Bridge List City of Charlotte Page 31 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 32. Interstate-85 North Bridge Planning and Owner’s Advisor Action: Approve a contract in the amount of $1,868,900 with HDR Engineering, Inc., of the Carolinas for planning and owner’s advisor services on the Interstate-85 North Bridge project. Staff Resource(s): Dan Leaver, Engineering & Property Management Matt Magnasco, Transportation Explanation § The project will construct a bridge over Interstate-85 and provides a connection between the University Research Park and the LYNX JW Clay Station, Charlotte Research Institute, UNCC Campus and the shopping and services at University Place. § The project is the City’s first transportation design-build project. § The project scope includes: - Project planning, - Community engagement, - Assisting staff in developing and documenting the design-build process necessary for future transportation projects, - Design and construction support, - Technical review of structural and geotechnical submittals, and - Advising the City during the life of the design-build project. § On January 14, 2015, the City issued a Request for Qualifications for the Interstate-85 North Bridge planning and owner’s advisor services; five proposals were received from interested service providers. § The project team, consisting of staff from Engineering & Property Management, Charlotte Department of Transportation, Planning, and the North Carolina Department of Transportation evaluated the proposals, shortlisted to three firms, and conducted interviews. § Staff determined that HDR Engineering, Inc., of the Carolinas best meets the City’s needs in terms of qualifications, experience, project approach, familiarity with local conditions, codes and practices, and responsiveness Request for Qualifications requirements. § The project was included in the City’s General Community Investment Plan, with $3 million allocated in the 2014 Bond Referendum. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, HDR Engineering, Inc. of the Carolinas has committed 10.87% ($203,200) of the total contract amount to the following certified firms: · CMW Design Strategies, PLLC (SBE) ($98,600) (community engagement) · Bloc Design, PLLC (SBE) ($44,800) (visualizations for community engagement) · Carolina Wetland Services, Inc. (SBE, WBE) ($24,200) (environmental investigation) · Soil Drilling Services, Inc. (SBE, WBE) ($20,200) (drilling services) · Spot’ em, Inc. (SBE, MBE) ($8,800) (subsurface utility engineering) · Mattson, Alexander & Associates, Inc. (SBE) ($6,600) (historical architectural resources survey) Fiscal Note Funding: Transportation Community Investment Plan Attachment Map Location Map - I-85 North Bridge City of Charlotte Page 32 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 33. Interlocal Agreement with Mecklenburg County for Cross Charlotte Trail Action: A. Adopt a resolution to enter into an Interlocal Agreement between the City of Charlotte and Mecklenburg County establishing the Cross Charlotte Trail as a jointly-sponsored project of the City of Charlotte and Mecklenburg County, and B. Authorize the City Manager to execute any and all documents necessary to comply with the terms of the Agreement. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § Creating the Cross Charlotte Trail is a joint goal of the City and County and is proposed to be a continuous multi-use trail that spans 26 miles across the City from Pineville to Cabarrus County. § The agreement will establish the Cross Charlotte Trail as a jointly-sponsored project and outlines the general responsibilities of each entity for development, management, and maintenance of the Trail. § Approximately 7.5 miles of the 26-mile alignment already exists as Mecklenburg County greenways located along Little Sugar Creek, Toby Creek, and Mallard Creek. § Mecklenburg County intends to expand Little Sugar Creek Greenway and Toby Creek Greenway to add approximately 5.5 miles to the alignment for a total of approximately 13 miles. § The City intends to design and build 13 miles of new trail by extending existing greenways and filling gaps between existing trail segments, to create a continuous 26-mile trail. § Mecklenburg County will assume routine management and maintenance of each new trail segment upon completion and acceptance, except where the trail may cross a City road right-of-way. § The agreement provides for non-routine maintenance, such as major repairs or reconstruction, which will be managed based on future agreements between City and Mecklenburg County when such need should occur. § As deemed necessary or appropriate by staff and with the City Council and Board of County Commissioner approvals, additional agreements or amendments will be allowed and should be expected outlining more specific details of such items as: - Sharing of responsibilities on or between trail segments, - Public art installations, and - Signage and way finding systems. § The Mecklenburg County Board of Commissioners will consider this agreement for approval on October 6, 2015. Background § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million included in the proposed 2016 Bond Referendum § Once completed, residents will be able to travel seamlessly from one end of Charlotte to the other. Approximately 98,000 jobs and 80,000 residents will be within a half-mile of the proposed trail. Charlotte Business INClusion This is an Interlocal Agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 33 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Attachment Map Interlocal Agreement Resolution Location Map - Cross Charlotte Trail 9-9-2015 Cross Charlotte Trail Interlocal Agreement Resoution - XCLT Interlocal Agreement for Council Mtg on 09-28-2015 FINAL City of Charlotte Page 34 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 34. Little Sugar Creek Greenway/US 74 Connectivity Study Action: Approve a contract in the amount of $273,352 with Alta Engineering SE, LLC for the Little Sugar Creek Greenway/US 74 Connectivity Study. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § Little Sugar Creek Greenway is a popular greenway that runs north-south through the center of the City of Charlotte. § When the Cross Charlotte Trail is completed, Little Sugar Creek Greenway will be part of it, comprising approximately one-third of the 26-mile trail system that spans the City. § There is a 0.3 mile gap in the greenway at a critical location where it intersects the interchange of US 74 and Interstate 277 (between 7th Street and 10th Street). The highway interchange and resulting gap creates a significant barrier to connectivity, making it difficult for greenway users to access multiple destinations. § The goal of this study is to identify and define interim and long-term improvements that if implemented would overcome that barrier providing for safe and comfortable connectivity. § On April 10, 2015, the City issued a Request for Qualifications for Little Sugar Creek Greenway/US 74 Connectivity Study; seven firms submitted a proposal. § Staff evaluated the proposals and selects Alta Engineering SE, LLC as best meeting the qualifications, experience, and approach needed for this study. Background § The Charlotte Regional Transportation Planning Organization has allocated $160,000 in The Unified Planning Work Program (UPWP) funds for this study with a required 25% local match. UPWP is adopted annually in accordance with joint Federal Highway Administration/Federal Transit Administration transportation planning guidelines. § The remaining $103,352 will come from Community Investment Plan for the Cross Charlotte Trail, exceeding the required match in order to accomplish the desired scope of work. § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million included in the proposed 2016 Bond Referendum. § The Cross Charlotte Trail will connect existing greenways with new trail segments to create a seamless 26-mile trail system that will stretch from the city of Pineville, through Center City, and on to the UNC Charlotte campus and Cabarrus County line. § Once completed, residents will be able to travel seamlessly from one end of Charlotte to the other. Approximately 98,000 jobs and 80,000 residents will be within a half-mile of the proposed trail. Small Professional Services Firms Program For Federal Highway Administration (FHWA) funded projects, the North Carolina Department of Transportation does not mandate a goal however they encourage the use of Small Professional Service Firms (SPSF) on projects. For this contract, Alta Engineering SE, LLC has committed 4.30% ($11,760) of the total contract amount to the following certified firm: · The Dodd Studio LLC (SPSF, SBE) ($11,760) (landscape architecture) Fiscal Note Funding: Transportation Community Investment Plan and Unified Planning Work Program Grant Attachment Map City of Charlotte Page 35 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Location Map Little Sugar Creek Greenway_US 74 Connectivity Study City of Charlotte Page 36 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 35. Developer Reimbursement Agreement with Pollack Shores Real Estate Group/Stratford Ventures, LLC Action: Authorize the City Manager to negotiate and execute a developer reimbursement agreement with Pollack Shores Real Estate Group/Ventures, LCC to reimburse developer up to a maximum of $250,000 for construction of a segment of the Cross Charlotte Trail within and adjacent to the Stratford Apartment complex currently under construction on Park Road. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § City staff has determined that a segment of the proposed Cross Charlotte Trail should be located along Little Sugar Creek, within and adjacent to an apartment complex currently under construction by Pollack Shores Real Estate Group/Stratford Ventures Apartments, LLC (the Developer) on Park Road just north of Selwyn Avenue. § It will be impracticable to build the trail segment after the apartment complex has been constructed due to difficult access and the disruption construction would cause to the apartment community. § The Developer is interested in building the trail during construction of the apartments to avoid later disruption to the community and to provide an amenity for tenants. The Developer is willing to construct improvements at least to the amount they can be reimbursed. § As designed, improvements to complete this segment of trail would include approximately 1200 linear feet of 12-foot-wide paved trail along with retaining walls, drainage structures, and other associated infrastructure and work, such as clearing and grading. § North Carolina General Statute 160A-309 authorizes the City to contract with a developer or property owner for public improvements that are adjacent or ancillary to a private land development project when the City‘s Engineering & Property Management Department determines that coordination of separately constructed public improvements would be impracticable. It further allows the City to reimburse said developer for those improvements up to $250,000 exempt from the public bid requirements providing the public cost will not exceed the estimated cost if it were bid and constructed by the City. § Estimated cost to complete all improvements associated with this segment as designed is $460,000. § City staff therefore recommends entering into a developer reimbursement agreement, whereby the City will reimburse the developer up to the maximum allowed of $250,000 in order for the developer to complete construction of all the improvements or portions of the improvements deemed most advantageous by City staff. § If the developer is not willing to build the entire trail beyond the $250,000, the City will negotiate the appropriate improvements or portions thereof for them to construct, leaving the remaining improvements to be completed by the City at a later date. For example, developer does grading and retaining walls, and the City will come in and do paving later (less disruptive to the community and still beneficial to both parties). § Construction is estimated to be complete by May 2016. § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million earmarked in the proposed 2016 Bond Referendum. Fiscal Note Funding: Transportation Community Investment Plan Attachment City of Charlotte Page 37 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Cost Estimate Map Cost Estimate Location Map - Developer Reimbursement Agreement with Pollack Shores Real Estate Group Stratford Ventures, LLC 36. Mallard Creek Road Realignment Traffic Signal Work Action: A. Adopt a resolution in the amount of $718,325, authorizing the City Manager to execute a Supplemental Agreement with the North Carolina Department of Transportation, and B. Adopt a budget ordinance appropriating $718,325 from the North Carolina Department of Transportation for performing traffic signal and Intelligent Transportation System work in conjunction with the widening and realignment of Mallard Creek Road between Graham Street and Harris Boulevard. Staff Resource(s): Charles Abel, Transportation Explanation § On November 25, 2013, the City Council approved a Municipal Agreement with the North Carolina Department of Transportation in the amount of $396,000 for a portion of the Mallard Creek Road realignment traffic signal work. § The Supplemental Agreement resolution, in the amount of $718,325, is needed to ensure the City is fully reimbursed for the work it performs, includes signals, modifications to signals, and an Intelligent Transportation System phase. § An Intelligent Transportation System consists of Fiber optic cabling combined with traffic management cameras, dynamic message signs, highway advisory radio, and other traffic information devices that provide the ability to remotely adjust traffic signals to instantly improve traffic flow in response to changing traffic volumes during normal and emergency conditions. Fiscal Note Funding: Transportation Community Investment Plan and North Carolina Department of Transportation Attachment Map Budget Ordinance Resolution Mallard Creek Road Realignment Traffic Signal Work Map CDOT ord 092815 NCDOT Contributions-Mallard Creek Resolution City of Charlotte Page 38 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 37. Upgrade Communications Equipment for School Zone Flashers Action: A. Approve the purchase of RTC flashing equipment, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Temple, Inc. for the purchase of RTC flashing equipment for the term of three years, and C. Authorize the City Manager to renew the contract for two additional, one-year renewal options 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): Charles Abel, 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 there is only one supply source and to resolve compatibility issues. § The City Council must approve purchases made under the sole source exception. Explanation § The contract will update communications to 144 school zone flashers using cell modem technology, allowing the City to leverage existing equipment. § Total expenditures under the contract are estimated to be $400,000. - The first year expenditures are estimated at $300,000 to upgrade existing equipment and services, and $100,000 for new flasher equipment purchases for new school zones over the remainder of the contract. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 39 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 38. Rea Road Improvements - Phase 3 Landscaping Action: Award a contract in the amount of $164,450 to the lowest responsive bidder Champion Landscapes, Inc. for landscape installation on the Rea Road Improvement project. Staff Resource(s): Imad Fakhreddin, Engineering & Property Management Explanation § The work will include the installation of large and small trees, shrubs and ground cover plants, and reforestation of designated areas behind the sidewalk. § The project limits are between Carmel Estates Road and Colony Road and is the final phase of Rea Road landscaping. § Phases 1 and 2 were completed in the first quarter 2015, and included the section between Highway 51 and Carmel Estates Road. § On August 11, 2015, Engineering & Property Management issued an Invitation to Bid; four bids were received from interested service providers. § Champion Landscapes Inc. was selected as the lowest responsive bidder. § Installation is expected to be completed by first quarter 2016. 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: Transportation Community Investment Plan Attachment Map Location Map - Rea Road Improvements - Phase III Landscaping City of Charlotte Page 40 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 39. Consulting Services for Charlotte-Mecklenburg Government Center Exterior Re-caulking Action: Approve a contract in the amount of $143,500 with SKA Consulting Engineers, Inc. for consulting services for Charlotte-Mecklenburg Government Center exterior re-caulking. Staff Resource(s): William Haas, Engineering & Property Management Explanation § The Charlotte-Mecklenburg Government Center (CMGC) was completed in 1988. The existing exterior caulking (around all the windows and stone panels) is original to the building construction and is at the end of its useful life. § Caulking is a waterproof barrier that keeps moisture from entering into the building. § Moisture can cause deterioration, create an environment for mold growth, and cause the HVAC system to be less efficient. § As part of the Fiscal 2015 budget, the City Council approved $1 million in capital funding for the replacement of the exterior caulking. § The CMGC Agreement between the City and Mecklenburg County requires the County to reimburse the City approximately 20% of the cost of this project. § The contract with SKA Consulting Engineers, Inc. will include: - A thorough exterior review of the building, - Inspection of the stone panels, - A final report summarizing existing conditions, - Comprehensive plans and specifications for re-caulking the building exterior, and - Bid phase services and construction administration services. § On May 29, 2015, a Request for Qualifications was advertised; four firms submitted qualification packages. § Staff evaluated the packages and selected the SKA Consulting Engineers, Inc. based on qualifications and experience; project understanding and methodology; and familiarity with local conditions, codes, and practices. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 41 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 40. Telecommunications Ground Lease Extension Action: Approve an amendment to American Tower’s ground lease at 12300 Pump Station Road, extending the term of the lease for six additional, five-year terms, through February 28, 2055. Staff Resource(s): Tony Korolos, Engineering & Property Management Explanation § The City owns an approximately 81-acre property at 12300 Pump Station Road (parcel identification number 023-171-02) used for a Charlotte Water pump station facility and buffer area. § On March 1, 1995, the City entered into a ground lease with American Tower to install a cell tower with an initial term of five years and five additional, five-year terms, through February 28, 2025. § At the request of American Tower, the City proposes to amend American Tower’s lease to extend the term through February 28, 2055, with six additional, five-year terms. § Charlotte Water will continue to receive the lease revenue generated by this agreement. § Contingent upon City Council approval and effective as of the amendment date, the base monthly rent will increase from the current rate of $1,672.96 per month to a rate of $1,950 per month, subject to escalation by 15% at the beginning of each subsequent five-year term. § American Tower will also pay a flat fee of $550 per month for each subtenant added after the amendment approval. § The terms and fees are consistent with other telecommunications ground leases managed by the City. Fiscal Note Funding: Not Applicable Attachment Map Location Map - Telecommunications Ground Lease Extension City of Charlotte Page 42 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 41. City Vehicle Purchases Action: A. Award unit price contracts to the following lowest responsive bidders for the purchase of vehicles for one year: - Benson Ford, - Earl Tindol Ford, Inc., and - P&G Chevrolet d/b/a Parks Chevrolet, and B. Authorize the City Manager to renew the contracts for up to four, 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): Robert Campbell, Management & Financial Services Explanation § The City’s annual budget includes funding to replace or add vehicles to the City’s fleet based on an assessment of vehicles and equipment conducted by Management & Financial Services to determine replacement needs using a rating of vehicle usage, age, maintenance costs, and condition. § On July 23, 2015, Management & Financial Services issued an Invitation to Bid on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA); six bids were received from interested bidders. § Benson Ford, Inc., Earl Tindol Ford, Inc., and P&G Chevrolet d/b/a Parks Chevrolet were selected as the lowest responsive, responsible bidders for specified make and models that meet the established criteria. § The companies will be paid the unit prices set forth in the contracts, which are available upon request. § The Fiscal Year 2016 expenditures for all contracts are estimated to be $2,820,745, including: - $2,211,000 to purchase 71 marked patrol and unmarked patrol vehicles to include, but not limited to sedans, sport utility vehicles, and vans; - $363,744 for the purchase of 13 passenger vans for CATS; and - $246,000 for the purchase of six sport utility vehicles for Fire. § The total expenditures beyond Fiscal Year 2016 will depend on the approved budget for capital outlay in each subsequent fiscal year. § The City anticipates renewing the contracts for up to four additional, one-year terms at prices to be determined based on model year changes and market conditions. Background § The CCPA is a cooperative purchasing program within Management & Financial Services with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to receive better pricing. § Vehicles are a common item needed by entities of all sizes; offering competitively-priced vehicles through CCPA benefits entities nationwide. § CCPA contracts are available for the use and to the benefit of all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). 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). One of the selected firms (Earl Tindol Ford, Inc.) is a WBE. City of Charlotte Page 43 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Fiscal Note Funding: Various General and Enterprise Capital Equipment Replacement Funds 42. Johnston Street Sweeper and Swenson Spreader Parts and Services Action: A. Approve the purchase of Johnston Street Sweeper and Swenson Spreader Parts and Service, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Carolina Industrial Equipment for the purchase of Johnston Street Sweeper and Swenson Spreader Parts and Services 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): Chris Trull, Management & Financial Services Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. § The City Council must approve purchases made under the sole source exception. Explanation § The City currently operates multiple Johnston Street Sweepers for the Special Services Division of Solid Waste Services. § Carolina Industrial Equipment is the sole factory authorized dealer and distributor of Johnston Street Sweeper and Swenson Spreader. In addition, the company covers the warranty and non-warranty repair and replacement of original equipment manufacturer parts as well as provides service for the Charlotte area. § Johnston Street Sweeper and Swenson Spreader dealers and distributors are required by the manufacturer to maintain existing warranties, parts standardization, reliable supply chains, factory support, service methods, and training. § The company will be paid at the unit prices set forth in the contract, which are available upon request. § Annual expenditures under the contract are estimated to be $150,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 44 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 43. Citywide Information Technology Contract Professional Services Action: A. Authorize the City Manager to negotiate and approve contracts for Citywide information technology contract professional services for an initial term of three years, with a combined estimated annual expenditure of $2,000,000 with the following Service Providers: - BCForward, - Cabling Solutions, Inc., - Creelman, Inc., - Experis, A Manpower Company, Inc., - INT Technologies, - IPSA International Services, Inc., - JCMR Technology, Inc., - Milestone Utility Services, Inc., - Modis, - Principle Solutions Group, LLC, - Randstad Technologies, - ServiceTec International, Inc., - SystemTec, Inc., - Tahill, Inc., - Tailwind Associates, - Team Technology Holdings, LLC, - TECHEAD, and - Universal Voice/Data, 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): Robert Campbell, Management & Financial Services Explanation § The City currently uses a pool of contracted vendors to obtain information technology contract professional services. § The City has ongoing needs for highly skilled technical staff to support various information technology projects and various Citywide/departmental initiatives and projects throughout the fiscal year, including infrastructure planning/management and technology customer service support. § These vendors are used on a relatively short-term basis and provide technology expertise where it would be inefficient for the City to hire full-time staff due to the specific skill sets required and/or the sporadic nature of the work. This contract is generally not intended for long-term projects which would be handled by a separate competitive process and then submitted to Council for approval, or potentially by pursuing temporary City positions. § In order to meet the needs of diverse projects and initiatives, Management & Financial Services partners met with various City Departments to establish contracts that allow for the recruitment and placement of highly skilled technical contractors in an efficient, timely, and cost-effective manner as the support need arises. § The categories of positions filled through these contracts include; business analyst, project manager, application specialist, testing specialist, technical writer, training specialist, network engineer, system administrator, database administrator, security engineer, technician, and other. City of Charlotte Page 45 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 § Pricing is structured based on job categories and level of expertise, per each company’s hourly rates, mark up percentage(s), and bill rates. Copies of the Companies’ respective pricing are available upon request. § On June 10, 2015, the City issued a Request for Proposal information technology contract professional services on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA); 64 proposals were received from interested service providers. § The Project Team, consisting of staff from Management & Financial Services, Innovation & Technology, the Charlotte-Mecklenburg Police Department, Charlotte Water, and Aviation evaluated the proposals and recommends awarding contracts to the Service Providers detailed in Action Item A, as best meeting the City’s needs in terms of qualifications, experience, proposed solution, cost, and acceptance of the terms of the contract. § The contracts give the City the option to renew for two additional, one-year fixed terms at fixed markup percentages, hourly rates, and billing rates to be negotiated based on market conditions. § The Project Team is recommending multiple awards to ensure alternative solutions, flexibility, and availability in the provision of services to best fit the particular needs of each department. § The selected Service Providers also include firms who can provide specialized technical services and some statement of work based services, as well as information technology temporary staff-type services. § Estimated contract expenditures are $2,000,000 annually in the aggregate across all contracts. Background § The CCPA is a cooperative purchasing program within Management & Financial Services with the specific purpose of leveraging economies of scale to include volume and uniform pricing, decreased administrative burden and overhead, increased ability to capture usage data and expenditures, and improved service levels. § Professional Services are commonly needed by entities of all sizes; offering competitively-priced hourly rates through CCPA benefits entities nationwide. § CCPA contracts are available for the use and to the benefit of all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). 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). One of the selected firms (JCMR Technology, Inc.) is a City certified SBE; and another (TECHEAD) is a State WBE. Several other selected firms may be eligible and have been encouraged to register with the CBI Office. Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 46 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 44. Citywide Background Investigation Services Action: A. Approve contracts with the following companies for background investigation services for an initial term of three years: - Castle Branch Inc., and - US ISS Agency, LLC, 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): Robert Campbell, Management & Financial Services Explanation § In accordance with City policy, background investigation checks will be conducted on all final internal and external candidates applying for any position with the City. § Background checks must be in compliance with all federal and state statutes, such as the Fair Credit Reporting Act and the Municipal Records Retention Schedule. § The type of information collected as part of the background investigation check includes, but is not limited to: reference checks, social security verifications, education verifications, criminal conviction record checks, and, if applicable, credit history checks, sex offender registry, and motor vehicle records checks. § The scale of the background check ranges from local to regional and/or national depending on the level of the position being applied for and the entity requesting the background check. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § On June 9, 2015, the City issued a Request for Proposals for background investigation services; 18 proposals were received from interested service providers. § The Project Team, consisting of staff from Human Resources, Charlotte Water, Engineering & Property Management, and Management & Financial Services evaluated the proposals and determined that Castle Branch Inc. and US ISS Agency, LLC best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness. § Total expenditures across all contracts are estimated to be $109,000 in the aggregate annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 47 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 45. Intensive Use Chairs Action: A. Award a unit price contract to the lowest responsive bidder, Evans Consoles, Inc. for the purchase of Intensive Use Chairs for 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 as allowed by the terms of the contract. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § City departments purchase intensive use chairs for a variety of environments, including call centers, control rooms, and dispatch centers. The intensive use chairs are able to withstand the rigors of continuous use in a 24/7 multi-shift environment, and provide a wide range of ergonomic adjustments. § On August 3, 2015, Management & Financial Services issued an Invitation to Bid for intensive use chairs. In response to the bid, three responsive bids and one non-response bid were received from interested service providers. § The Evaluation Team with representatives from Charlotte-Mecklenburg Police Department and Management & Financial Services selected Evans Consoles as best meeting the City’s needs. § The unit prices set forth in the proposed contract are available upon request. § The combined annual expenditures for Fiscal Year 2016 are estimated to be $88,000. Expenditures for additional terms will be based on actual need at the unit prices specified in the contract. 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: Various Departments’ Operating Budgets City of Charlotte Page 48 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 46. CATS Special Transportation Services Bus Maintenance Parts Action: A. Award a unit price contract to the lowest responsive bidder, Cummins Atlantic LLC, for the purchase of maintenance filters for a three-year term, B. Award a unit price contract to the lowest responsive bidder, Capital Ford of Charlotte, for the purchase of Ford powertrain equipment parts for a three-year term, C. Award a unit price contract to the lowest responsive bidder, Hendrick City Chevrolet, for the purchase of General Motors powertrain equipment parts for a three-year term, D. Award a unit price contract to the lowest responsive bidder Auto Supply Company for the purchase of brake and suspension equipment, electrical charging equipment, and air-conditioning and heating equipment parts for a three-year term, and E. Authorize the City Manager to renew the contracts for up to two, 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): Larry Kopf, CATS Edward Pullan, CATS Explanation § Various parts are required for the ongoing maintenance and repair of the CATS Special Transportation Service bus fleet. § On July 23, 2015, CATS issued an Invitation to Bid; seven bids were received from interested providers. § Multiple contracts allow for award based on the lowest responsive bidder per product line. § Bus parts will be purchased on an as needed basis under the contract terms. The unit prices are set forth in the proposed contracts and are available upon request. § Staff anticipates renewing the contracts for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Annual expenditures for all four contracts are estimated to be $210,000. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget 47. LYNX Blue Line Extension Sugar Creek Parking Garage Staff Resource(s): John Lewis, CATS Danny Rogers, CATS Explanation A write-up for this item will be included in the Council-Manager Memo on Friday, September 25, 2015. City of Charlotte Page 49 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 48. LYNX Blue Line Extension Connecting Bus Service Study Action: A. Authorize the City Manager to negotiate and execute a contract with Nelson Nygaard in an amount up to $120,000 for planning services related to recommended bus services connecting people to the LYNX Blue Line Extension, and B. Authorize the City Manager to exercise an option within the Nelson Nygaard contract in the amount of $20,300 for the “After” portion of the Before/After study required by the Federal Transit Administration. Staff Resource(s): Danny Rogers, CATS Lawrence Kopf, CATS Explanation § Ridership models indicate that at least 20% of those who ride the Blue Line Extension (BLE) will connect to the light rail system via the bus system. By realigning the bus system to maximize this potential, CATS will enhance mobility options for the community in the BLE corridor. § On June 16, 2015, CATS advertised a Request for Proposals for qualified firms to submit proposals to provide planning services related to the redesign of bus services connecting to the BLE; five firms submitted a proposal. § The Evaluation Committee selected Nelson Nygaard as the company meeting the City’s needs in providing the best value. § The work will include: - Review and analysis of existing bus services, - Recommendations for route and service changes, - Completion of a service and fare equity analysis, - Assistance with CATS public engagement process, and - Development of a final report. § The optional portion of this agreement will assist CATS in meeting the Federal Transit Administration requirements that systems involved in New Starts projects conduct a Before/After Study related to the effect of new infrastructure projects on the community. § CATS concluded the “before” portion of this study, and will be required to conclude the “after” portion of this study approximately 18 months after system opening. Disadvantaged Business Enterprise Established DBE Goal: 10.0% Committed DBE Goal: 10.10% Nelson Nygaard met the established DBE goal and has committed 10.10% ($12,124) of the total contract amount to the following certified firm. § Quest Corporation of America, Inc (DBE) ($12,124) (Public /Stakeholder Engagement) Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 50 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 49. Exchange of Right-of-Way along the LYNX Light Rail Corridor with MPV 2400 South Boulevard Investors LLC Action: A. Adopt a resolution authorizing an exchange of right-of-way between the City of Charlotte and MPV 2400 South Boulevard Investors LLC or its successors and assigns (“Property Owner”) involving Tax Identification #12104116, and B. Authorize the City Manager to execute all necessary documents to complete the exchange of right-of-way between the City of Charlotte and Property Owner. Staff Resource(s): Tina M Votaw, CATS Tim O’Brien, Engineering & Property Management Explanation § MPV 2400 South Boulevard Investors LLC (“Property Owner”) proposes to build a medical office and retail building (totaling approximately 36,000 square feet) in the South End on a vacant parcel that is located between the East/West Light Rail Station and the New Bern Light Rail Station. § In order to construct the building, the Property Owner requires use of some of the City’s unused “excess” rail right-of-way. § The right-of-way in this particular section of the rail corridor is approximately 130 feet wide, which is wider than necessary for rail purposes. Therefore, the City issued an Administrative Policy, which states that the City will generally retain approximately 70 feet in width for rail purposes while allowing the excess right-of-way of approximately 30 feet in width on either side to be used by the adjacent Property Owner. Alternatively, the excess right-of-way may be retained by the City as buffer if needed. § Due to redevelopment of the site, property tax revenues to the City will increase from approximately $7,500/year to approximately $77,000/year. § Consistent with previous City Council actions, the City may release the excess right-of-way to facilitate transit supportive redevelopment. § The Property Owner will exchange property rights with the City for full and fair consideration as required by law. Fair consideration can be any combination of cash, real, or personal property and other benefits. § The methodology for valuing the excess right-of-way was established by the City’s appraisal staff and is based on the price that the Property Owner paid for their site. § The City will receive approximately $77,060 in property and improvements including: - Deed to approximately 9,020 square feet, valued at approximately $27,060. - Improvements of approximately $15,000 consisting of ballast rail curb adjacent to the northbound light rail track. - The Property Owner will be required to construct and maintain new streetscape improvements including the multi-use sidewalk along the rail corridor to facilitate access to the light rail stations and further complete the Rail Trail adjacent to the rail corridor. Cost to maintain the improvements are estimated at approximately $7,500/annually or $35,000 over 5 years. § Property Owner will receive from the City: - A deed to approximately 4,010 square feet of excess right-of-way, valued at approximately $60,150, and - A License Agreement that will require the Property Owner to construct as well as maintain the new streetscape improvements as described above. Background The Transit Station Area Plans approved by the City Council define development standards for property City of Charlotte Page 51 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 adjacent to the rail corridor and envision that excess right-of-way will be incorporated into adjacent transit supportive development. Attachment Resolution Council Resolution for 9 28 15ExchangeofRightofway 50. Bus Air-Conditioning and Heating Parts (Thermo-King) Action: A. Award a unit price contract to the lowest responsive bidder Thermo King Central Carolinas LLC for the purchase of bus air-conditioning and heating systems parts for a three-year term, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § Various parts are required for the on-going maintenance and repair of the CATS bus fleet air-conditioning and heating systems on the Gillig and Trolley bus types. § On July 24, 2015, CATS issued an Invitation to Bid; one bid was received from an interested service provider. § Air-Conditioning and heating system parts will be purchased on an as needed basis under the contract terms. The unit prices are set forth in the proposed contracts and are available upon request. § Staff anticipates renewing the contracts for up to two additional, one-year terms at prices negotiated based on market conditions. § Annual expenditures for the contract are estimated to be $60,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities. (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 52 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 51. Bus Air-Conditioning and Heating Parts Action: A. Award a unit price contract to the lowest responsive bidder Carolina Thomas LLC for the purchase of bus air-conditioning and heating system parts for a three-year term, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § Various parts are required for the on-going maintenance and repair of the CATS bus fleet air-conditioning and heating systems on the NOVA and MCI made buses. § On July 24, 2015, CATS issued an Invitation to Bid; two bids were received from interested providers. § Air-conditioning and heating system parts will be purchased on an as needed basis under the contract terms. The unit prices are set forth in the proposed contracts and are available upon request. § Staff anticipates renewing the contracts for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Annual expenditures for the contract are estimated to be $30,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 53 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 52. Airport Telecommunications Antenna Site Lease Extension Action: Approve lease amendment #5 with New Cingular Wireless PCS, LLC for a five-year lease for a telecommunications antenna on the Airport’s Rotating Beacon. Staff Resource(s): Brent Cagle, Aviation Explanation § The Airport has leased space on the rotating beacon since it was constructed in 1999. It is designed to accommodate up to four telecommunication antennae systems. § On May 12, 2004, the City Council approved a five-year lease with AT&T Wireless Services. § On June 12, 2006, the City Council approved a five-year lease for the successor to AT&T Wireless, which was New Cingular Wireless PCS, LLC. § On February 1, 2011, the City Council approved a lease amendment for a five-year term extension. § The 2nd, 3rd, and 4th amendments were related to equipment changes. § The current lease expiration date is October 31, 2016. § The amendment will extend the lease term five years, beginning November 1, 2016. Annual escalations are 3%. § Total value of this amendment is $311,922. Fiscal Note Funding: Revenue from this lease will be deposited in the Aviation Operating Fund. 53. Airport Warehouse Lease Amendment Action: Approve a one-year lease amendment with DirectLink Logistics, Inc. for warehouse space in the amount of $182,079.96. Staff Resource(s): Brent Cagle, Aviation Explanation § On December 8, 2014, the City Council approved a one-year lease with Direct Link Logistics, Inc. for a 20,340 square foot warehouse on West Boulevard. § DirectLink Logistics, Inc. desires to extend the term of its lease one year to December 31, 2016. § The lease includes a month-to-month renewal option at the end of the term. § The value of this lease amendment is $182,079.96. Fiscal Note Funding: Revenue from this lease will be deposited in the Aviation Operating Fund. City of Charlotte Page 54 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 54. Airport Gate Resource Management System Contract Amendment #1 Action: A. Approve contract amendment #1 with Air-Transport IT Services, Inc. for the provision of additional software, hardware, and implementation services for a gate resource management system, B. Authorize the City Manager to approve price adjustments and amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded, C. Authorize the City Manager to purchase maintenance and support for software and hardware for as long as the City uses the system, D. Authorize the City Manager to purchase such additional software licenses, hardware, and associated services as needed from time to time to optimize the City’s use of the system, and E. Adopt a budget ordinance appropriating $232,772.99 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Brent Cagle, Aviation Explanation § On January 12, 2015, the City Council approved the purchase of an Air IT Airport Gate Resources Management System under the sole source exemption of G.S. 143-129 in an amount not to exceed $550,000. § The System is designed for the efficient scheduling of the airport’s resources, and it allows airlines to share gates and ticket counters using the same equipment. § The original contract included hardware for six gates and integration for use by five airlines. § The amendment includes additional hardware to equip more gates and ticket counters as well as an expansion of software to add additional airlines to the system pending the renegotiation of the airline leases. § Additional resources are also required to accommodate the system expansion, including new operational database software and integration with the vendor that provides the equipment to display the real time flight data. § The estimated amount of the current expenditure on the additional software licenses, hardware, and services is $232,772.99. § Ongoing maintenance and support, as authorized for purchase by the City Manager for as long as the City uses the software, will have an annual estimated cost of $6,000. § The formal Request for Proposal process requirement for the new operational database software and vendor integration has been waived due to compatibility and standardization with existing system requirements. This solution also provides the most economical approach as well as mitigates risk to operational readiness and technical efficiency. § The new estimated total contract value is $782,772.99. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 55 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 56 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 55. Airport Escalator and Elevator Maintenance Services Contract Amendment Action: A. Approve contract amendment #5 for $1,187,695 to Schindler Elevator Corporation for a major modernization project of two moving walkways in the Airport Atrium, and B. Adopt a budget ordinance appropriating $1,187,695 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § On June 6, 2013, the City Council approved a five-year maintenance service contract with Schindler Elevator Corporation for $561,480 annually to cover the maintenance of 75 people moving units (elevators, escalators, and moving walks) throughout the Airport terminal. During the first year and a half, the total spend was $842,220. § Since that time, the Aviation Department has begun a multi-year program of asset preservation, which includes the refurbishment of people moving units throughout the terminal. § In October 2013, the City Manager approved amendment #1, which was an administrative change to allow for quarterly billing. § In January 2014, the City Manager approved contract amendment #2 in the amount of $91,152.83 for the procurement of an inventory of spare handrails to expedite the repairs on escalators and moving walks. § On May 27, 2014, the City Council approved contract amendment #3 in the amount of $404,041 to provide funding for the complete mechanical and electrical refurbishment of two escalator units in the main terminal. § On January 26, 2015, the City Council approved contract amendment #4 in the total amount of $6,964,885.78 to provide additional funding to maintain a total of 17 new elevators and escalators being placed into service. Contract amendment #4 also provided for major infrastructure modernization, which included three elevators, two moving walks, and two escalators. § Contract amendment #5 in the amount of $1,187,695 will provide for parts and labor to perform a complete modernization and electronic upgrades on the two moving walks located in the terminal main Atrium. - These moving walks have been in operation for 23 years and have exceeded their useful life cycle. - The airport Atrium area is the central intersection of the five concourses - the reliability of these moving walks are essential to maintaining seamless movement of passengers through this area. § The total value of this contract, including amendments, is $9,489,994.61. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the SBO Policy). Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 57 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 56. Airport Concourse A North Expansion Phase I Design Services Action: A. Approve a contract in the amount of $7,835,982 to Perkins+Will North Carolina, Inc. for design services for the Concourse A North Expansion Phase I, and B. Adopt a budget ordinance appropriating $7,835,982 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Many of the airlines currently operating at the Airport have requested additional passenger gates. In April 2015, the Airport relocated the Rental Car Companies from their current facilities to a new facility on Wilkinson Boulevard and the new Hourly Parking Deck. The relocation of these facilities makes room for a future concourse expansion. § On April 13, 2015, the City Council approved a contract with Perkins+Will North Carolina, Inc. in the amount of $559,860 for conceptual studies and an architectural report for the Concourse A North Expansion. The contract in the amount of $7,835,982 will complete the full design of Concourse A North Expansion Phase I. § Phase I of Concourse A North will encompass 211,000 square feet and include nine additional gates, a connector to the existing A concourse, concession space, and office space. § On December 12, 2014, the Aviation Department issued a Request for Qualifications for architectural and engineering design services for the Concourse A North Expansion; eight firms responded with a proposal. § Perkins+Will North Carolina, Inc. was selected based on their related concourse design experience. § The project will be funded with Aviation discretionary funds, which will be reimbursed in part with Passenger Facility Charge revenues. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, Perkins+Will North Carolina, Inc. has committed 27.28% ($2,137,711) of the total contract amount to the following certified firm: · C Design Inc. (SBE) ($2,137,711) (architectural services) Fiscal Note Funding: Aviation Community Investment Plan Attachment Aerial Map Rendering Budget Ordinance Aerial.pdf Rendering Budget Ordinance City of Charlotte Page 58 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 57. Airport Technical Consultant for Passenger Boarding Bridge Design Action: A. Approve a contract with DK Consultants, LLC in the amount of $663,090 for the development of technical specifications for the purchase and installation of passenger boarding bridges, and B. Adopt a budget ordinance appropriating $663,090 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation Department will be installing 60 (both new and replacement) passenger boarding bridges and ancillary equipment on all concourses over the next three to four years. § On July 16, 2015, the Aviation Department issued a Request for Qualifications for the development of technical specifications and factory and on-site commissioning of the passenger boarding bridges. § On July 27, 2015, three companies submitted qualifications. Aviation department staff selected DK Consultants, LLC because of their extensive experience with design, fabrication, and installation of passenger board bridges as well as their knowledge and familiarity of the Charlotte-Douglas Airport. § DK Consultants, LLC will prepare several bid specification packages, attend factory acceptance testing, and perform on-site commissioning of the passenger boarding bridges during each project phase. 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 Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 59 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 58. Airport Painting Contract Action: A. Approve a contract with Armen Construction for painting services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § The contract provides a minimum of five trained, qualified, and experienced personnel five days a week, eight hours a day to assist Airport maintenance crews in painting upkeep for the 1.9 million square foot terminal and additional Airport-owned buildings. § On August 11, 2015, the City issued a Request for Proposal for airport painting services; four proposals were received from interested service providers. § Aviation Department staff evaluated the proposals and determined that Armen Construction best meets the needs City’s needs in terms of qualifications, experience, cost, and responsiveness. § The contract gives the City the option to renew for two additional, one-year terms with prices to be negotiated based on market conditions. § The estimated contract expenditures are $300,000 annually, based on the level of service above and the unit prices set forth in the contract, a copy of which is available upon request. 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). Armen Construction is a certified SBE and MBE. Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 60 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 59. Airport Passenger Satisfaction Survey Services A. Approve a three-year contract with Phoenix Marketing International to provide comprehensive passenger satisfaction survey services, and B. Authorize the City Manager to extend the contract for two additional, one-year terms as stipulated by the contract at the time of renewal. Staff Resource(s): Brent Cagle, Aviation Explanation § Phoenix Marketing International (PMI) is a part of the Travel Research Group and serves as an industry leader in understanding the air traveler’s experience. PMI has conducted online survey research at over 150 airports and currently provides onsite intercept research at 40 airports. § In 2008, PMI began working with the Airport to create a customized, face-to-face surveys for passengers in the terminal facility. § PMI provides a comprehensive analysis of the data collected from these surveys including passenger satisfaction, satisfaction by item, and results by concourse. The contract will provide additional services - facilitating focus groups and posing deeper-dive questions during passenger surveys. § The intent of the analysis is to provide airport managers and stakeholders with useful performance data that can be used as a way to identify problems, anticipate shortcomings, and as a way to plan for future revenue investments. § Under this agreement, the Airport will maintain a cohesive, historical passenger response analysis. § The estimated total value of this contract is $400,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 61 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 60. Refund of Property Taxes .Action Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $15,849.90. Body Staff Resource(s): Robert Campbell, Management & Financial Services Explanation Notification of Property Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office upon request. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on August 24, 2015, totaled $16,591,187.26. Fiscal Note Funding: Not Applicable Attachment List of Property Tax Refunds and Resolution Property Tax Refund Requests and Resolution 61. Resolution of Intent to Abandon an Unopened Portion of Whitten Street Action: A. Adopt a Resolution of Intent to abandon an unopened portion of Whitten Street, and B. Set a public hearing for October 26, 2015. Staff Resource(s): Jeff Boenisch, Transportation Explanation The unopened portion of Whitten Street is located in Council District 1. Attachment Map Resolution City Council Map Whitten Street Resolution of Intent to Close an unopened portion of Whitten Street Resolution of Intent to Close an unopened portion of Whitten Street_Clerks Office City of Charlotte Page 62 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 62. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - July 20, 2015: Zoning Meeting - July 27, 2015: Business Meeting - August 24, 2015: Business Meeting Staff Resource(s): Bianca Payne, City Clerk’s Office 63. Extend Closing Date for Sale of Parcel 1, Interstate-277 Surplus Land Action: Authorize an extension of the closing date for Crescent Acquisitions’ purchase of Parcel 1 of the Interstate-277 surplus land from October 31, 2015 to November 13, 2015. Staff Resource(s): Ron Kimble, City Manager’s Office Tony Korolos, Engineering & Property Management Catherine Cooper, City Attorney’s Office Explanation § On March 23, 2015, the City Council approved the private sale of Interstate-277 Parcel 1 to Crescent Acquisitions for $10,300,000 subject to a development program and schedule. § Crescent Acquisitions now desires to modify its existing contract with the City to extend the closing date from October 31, 2015, to November 13, 2015, for an additional non-refundable payment of $21,667, which would not apply to the purchase price. § The non-refundable deposit of $515,000 has been paid and continues to be non-refundable. § Crescent Acquisitions has exercised all seven options to extend the closing date and paid $350,000, which payments are non-refundable and non-applicable to the purchase price; and Crescent shall pay monetary penalties should it fail to meet certain project deadlines. § The proposed development will conform to and support the City’s 2020 Center City Vision Plan adopted in September 2011 by stimulating redevelopment of Second Ward, providing key connections between Midtown, South End, and Uptown, increasing neighborhood amenities and services in support of uptown residential development, and by expanding hospitality destinations in the vicinity of the Convention Center. § Terms of contract include: - $515,000 deposit fully non-refundable. - Crescent Acquisitions has the ability to extend the closing date up to seven months through October 31, 2015, upon payment of $50,000 per month with the payment being non-refundable and non-applicable to the purchase price. - Commitment to develop 400 apartments and 40,000 square feet of retail space by November 1, 2016; 150 hotel rooms and 15,000 square feet of retail space by November 1, 2017; and 150 hotel rooms by November 1, 2019. Delay fees are due if deadlines are not met. Attachment Location Map Location Map - Extend Closing Date for Sale of Parcel 1 Interstate-277 Surplus Land City of Charlotte Page 63 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 64. Waverly Sanitary Sewer Trunk, Parcel #1 Action: A. Approve the acquisition of sanitary sewer and temporary construction easements on a portion of Tax Parcel 231-131-11 located on Providence Road, using developer funds, serving a private development project, and B. Adopt a budget ordinance appropriating $212,500 from Developer Contribution to the Waverly Sanitary Sewer Trunk Project. Staff Resource(s): Charles Anzalone, Engineering & Property Management Mike Garbark, Charlotte Water Yulonda Moore, Engineering & Property Management Explanation § Developer Providence Road Farms, LLC has been in negotiation with owners Shiloh I, LLC to acquire permanent sewer and temporary construction easements for development of an adjacent planned community known as Waverly. § The Developer made a good faith effort to acquire the necessary easement interests from the owners, but all efforts to reach settlement have been unsuccessful. § The Developer entered into a Developer Acquisition Services Agreement with the City to request the City’s assistance in acquiring the property interests for construction, and to assume all authority in making decisions with regards to negotiations with the property owners, up to and including condemnation if necessary. § The easement areas to be acquired include 28,635 square feet of permanent sewer easement and 47,768 square feet of temporary construction easement. § The Developer submitted cash in the amount of $212,500 to cover administrative expenses incurred by the City (agent fees, legal fees, title abstracts, appraisals, etc.) and to cover the value associated with acquiring the easements. The developer will be responsible for any and all additional costs that may arise. § Staff was able to reach a negotiated agreement with the owners for $198,937.50 in compensation for the acquired easements. The balance will be used to cover the agreed upon administrative costs incurred by the City. § The Developer will be responsible for the construction of the sewer line and rights to the permanent sewer easement will be retained by the City. Fiscal Note Funding: General Community Investment Plan Attachment Map Budget Ordinance Location Map - Waverly Sanitary Sewer Trunk Parcel 1 EPM ord 092815 Developer Contributions City of Charlotte Page 64 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 65. Aviation Property Transaction - 8025 Douglas Drive Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Marguerite Aycoth Property Address: 8025 Douglas Drive Total Parcel Area: .941 acres Property to be acquired in Fee: .941 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-092-05 Purchase Price: $157,000 Council District: 3 66. Aviation Property Transaction - 8706 Douglas Drive Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Polk Estate by Clyde William Polk Jr (Executor) Property Address: 8706 Douglas Drive Total Parcel Area: .769 acres Property to be acquired in Fee: .769 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-211-24 Purchase Price: $169,700 Council District: 3 City of Charlotte Page 65 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 67. Aviation Property Transaction - 9401 Snow Ridge Lane Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Ronald J. Williams Property Address: 9104 Snow Ridge Lane Total Parcel Area: .471 acres Property to be acquired in Fee: .471 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-111-35 Purchase Price: $140,000 Council District: N/A 68. Aviation Property Transaction - End of Snow Ridge Lane Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Jose Zelaya Property Address: Snow Ridge Lane Total Parcel Area: 25.214 acres Property to be acquired in Fee: 25.214 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: N/A Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Vacant Tax Code: 141-111-02 Purchase Price: $493,000 Council District: N/A City of Charlotte Page 66 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 69. Property Transactions - Baucom Road Connector, Parcel #4 Action: Approve the following Acquisition: Baucom Road Connector, Parcel #4 Project: Baucom Road Connector, Parcel #4 Owner(s): Mallard Creek Medical Park Condominium Association, Inc. Property Address: 3014 Baucom Road Total Parcel Area: 124,058 sq. ft. Property to be acquired by Easements: 477 sq. ft. (.011 ac.) in Storm Drainage Easement, plus 217 sq. ft. (.005 ac.) in Sidewalk and Utility Easement, plus 6,257 sq. ft. (.144 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: O-1(CD) Use: Medical Condominium Tax Code: 027-031-16 Purchase Price: $13,500 Council District: 2 70. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #36 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement project, Parcel #36 Project: Lyon Court Storm Drainage Improvement project, Parcel #36 Program: Flood Control Owner(s): Radha Kreeshna, LLC Property Address: 2408 Central Avenue Total Parcel Area: 25,518 sq. ft. Property to be acquired by Easements: 4,861 sq. ft. (.112 ac.) in Storm Drainage Easement, plus 3,452 sq. ft. (.079 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: B-1 Use: Commercial Tax Code: 129-022-38 Purchase Price: $115,000 Council District: 1 City of Charlotte Page 67 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 71. Property Transactions - Pawtuckett Neighborhood Improvement Project, Parcel #128.1 Action: Approve the following Acquisition: Pawtuckett Neighborhood Improvement project, Parcel #128.1. Project: Pawtuckett Neighborhood Improvement Project, Parcel #128.1 Owner(s): Kay Temple Switzer Property Address: 6746 Glenmoor Drive Total Parcel Area: 16,833 sq. ft. Property to be acquired by Fee: 16,833 sq. ft. (.386 ac.) in Fee Simple (TOTAL TAKE) Structures/Improvements to be impacted: Single-family Dwelling Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Tax Code: 055-155-47 Purchase Price: $70,450 Council District: 3 72. Property Transactions - Torrence Creek Tributary Trunk Sewer, Parcel #7 Action: Approve the following Acquisition: Torrence Creek Tributary Trunk Sewer, Parcel #7 Project: Torrence Creek Tributary Trunk Sewer, Parcel #7 Owner(s): Susan Annette Moretz, Karen Denise Lewis and Brenda Ellen Moore Property Address: 10701 Hambright Road Total Parcel Area: 1,045,440 sq. ft. Property to be acquired by Easements: 13,976 sq. ft. (.321 ac.) in Sanitary Sewer Easement, plus 24,459 sq. ft. (.562 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: CB Use: Use Value Homesite Tax Code: 017-401-04 Purchase Price: $15,000 Council District: N/A (Huntersville) City of Charlotte Page 68 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 73. Property Transactions - Blue Line Extension, Parcel #1286 Action: Approve the following Condemnation: Blue Line Extension, Parcel #1286 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 and Federal Transit Administration reimbursement. Project: Blue Line Extension, Parcel #1286 Owner(s): Sterling Development Company and any other parties of interest Property Address: 3827/3811 North Davidson Street Total Parcel Area: 92,283 sq. ft. Property to be acquired by easements: 2,240 sq. ft. (.051 ac.) in Storm Drainage Easement Structures/Improvements to be impacted: Fencing and gravel surface Landscaping to be impacted: Trees and various plantings Zoned: I-2 Use: Industrial Tax Code: 091-067-08 Appraised Value: $5,500 Property Owner’s Counteroffer: None Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 69 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 74. Property Transactions - Blue Line Extension, Parcel #1289 Action: Approve the following Condemnation: Blue Line Extension, Parcel #1289 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 and Federal Transit Administration reimbursement. Project: Blue Line Extension, Parcel #1289 Owner(s): Charlotte And Nicolette, Inc. and any other parties of interest Property Address: 724 East Sugar Creek Road Total Parcel Area: 13,453 sq. ft. Property to be acquired in Fee: 13,453 sq. ft. (.309 ac.) in Fee Simple (TOTAL TAKE) Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 091-067-09 Appraised Value: $10,750 Property Owner’s Counteroffer: None Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 70 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 75. Property Transactions - Lilly Mill Drainage Improvements, Parcel #1 Action: Approve the following Condemnation: Lilly Mill Drainage Improvements, Parcel #1. Project: Lilly Mill Drainage Improvements, Parcel #1 Program: Flood Control Owner(s): Quail Hollow Homeowners Association #4, Inc. and any other parties of interest Property Address: Covey Chase Drive Total Parcel Area: 515,078 sq. ft. Property to be acquired by Easements: 51,672 sq. ft. (1.186 acres) in Storm Drainage Easement, plus 7,004 sq. ft. (.161 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-4 Use: Single-family Residential - Common Tax Code: 173-325-11 Appraised Value: $8,075 Property Owner’s Counteroffer: None Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 6 City of Charlotte Page 71 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 76. Property Transactions - Lilly Mill Drainage Improvements, Parcel #51 Action: Approve the following Condemnation: Lilly Mill Drainage Improvements, Parcel #51 Project: Lilly Mill Drainage Improvements, Parcel #51 Program: Flood Control Owner(s): Steven J. Richards and any other parties of interest Property Address: 2830 Huntingtowne Farms Lane Total Parcel Area: 17,547 sq. ft. Property to be acquired by Easements: 4,485 sq. ft. (.103 ac.) in Storm Drainage Easement, plus 3,107 sq. ft. (.071 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-221-95 Appraised Value: $10,675 Property Owner’s Counteroffer: $18,368.75 Property Owner’s Concerns: The property owner is concerned with the loss of trees and vegetation that creates screening at the back of the house. The owner is also concerned with the design of the project and the compensation amount. City’s Response to Property Owner’s Concerns: City staff researched the possibility of shifting the easement lines. The research found that the costs associated with the alignment change and the addition of a retaining wall would not be a cost effective option. Outstanding Concerns: The property owner still disagrees with the impacts and compensation. 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: 6 City of Charlotte Page 72 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 77. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #33 and #37 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement project, Parcel #33 and #37. ` Project: Lyon Court Storm Drainage Improvement project, Parcel #33 and #37 Program: Flood Control Owner(s): Ussam M. Jamil and Stacy Jamil and any other parties of interest Property Address: 2400 Central Avenue and 1520 Iris Drive Total Parcel Area: 44,096 sq. ft. Property to be acquired by Easements: 8,092 sq. ft. (.186 ac.) in Storm Drainage Easement, plus 5,321 sq. ft. (.122 ac.) in Temporary Construction Easement, plus 16 sq. ft. in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 129-022-02 and 129-022-01 Appraised Value: $43,250 Property Owner’s Counteroffer: $164,116 Property Owner’s Concerns: The property owner’s representative disagrees with the compensation amount and the design of the project. City’s Response to Property Owner’s Concerns: Staff explained that the appraised value was determined by an independent MAI appraiser. Staff was able to reduce the impacts of the project by reducing the temporary construction easement area. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 73 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 78. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #110 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement project, Parcel #110. Project: Lyon Court Storm Drainage Improvement project, Parcel #110 Program: Flood Control Owner(s): Hamorton Place One, LLC and any other parties of interest Property Address: 2012 Hamorton Place Total Parcel Area: 33,758 sq. ft. Property to be acquired by Easements: 274 sq. ft. (.006 ac.) in Temporary Construction Easement, plus 3,175 sq. ft. (.073 ac.) in Right of Way Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-22MF Use: Multi-family Tax Code: 095-077-30 Appraised Value: $1,075 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner was concerned with the location of the storm drainage improvements. City’s Response to Property Owner’s Concerns: Staff worked with the property owner to reposition the storm drainage improvements along the street. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 74 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 79. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #117 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement project, Parcel #117. Project: Lyon Court Storm Drainage Improvement project, Parcel #117 Program: Flood Control Owner(s): Hamorton Place Two, LLC and any other parties of interest Property Address: 1927 Hamorton Place Total Parcel Area: 34,033 sq. ft. Property to be acquired by Easements: 170 sq. ft. (.004 ac.) in Storm Drainage Easement, plus 532 sq. ft. (.012 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Tree Zoned: R-22MF Use: Multi-family Tax Code: 095-074-05 Appraised Value: $2,675 Property Owner’s Counteroffer: None Property Owner’s Concerns: The property owner was concerned with the location of the storm drainage improvements. City’s Response to Property Owner’s Concerns: Staff worked with the property owner to reposition the storm drainage improvements along the street. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 75 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 80. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #129 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement project, Parcel #129. Project: Lyon Court Storm Drainage Improvement project, Parcel #129 Program: Flood Control Owner(s): Jeanette V. Bambauer and any other parties of interest Property Address: 1611 Tippah Avenue Total Parcel Area: 5,817 sq. ft. Property to be acquired by Easements: 3,257 sq. ft. (.075 ac.) in Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 095-073-07 Appraised Value: $65,675 Property Owner’s Counteroffer: $100,000 Property Owner’s Concerns: The property owner’s representative disagrees with the compensation amount and felt there should be damages associated with the location of the easements. City’s Response to Property Owner’s Concerns: Staff explained that the appraised value was determined by an independent MAI appraiser. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 76 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 81. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #27 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #27 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: Nevin/Gibbon Road Sidewalk, Parcel #27 Owner(s): Ralph E. Harris, Kevin Harris, Phil P. Harris and Firehouse Productions LLC and any other parties of interest Property Address: 6216 Hunter Avenue Total Parcel Area: 25,347 sq. ft. Property to be acquired in Fee: 2,950 sq. ft. (.068 ac.) in Fee Simple Property to be acquired by Easements: 406 sq. ft. (.009 ac.) in Sidewalk and Utility Easement, plus 367 sq. ft. (.008 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 045-134-01 Appraised Value: $25,250 Property Owner’s Counteroffer: $33,300 Recommendation: We are currently waiting on signed documents but 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: 4 City of Charlotte Page 77 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 82. Property Transactions - Nevin/Gibbon Road Sidewalk, Parcel #31 Action: Approve the following Condemnation: Nevin/Gibbon Road Sidewalk, Parcel #31 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: Nevin/Gibbon Road Sidewalk, Parcel #31 Owner(s): BP Products North America, Inc. and any other parties of interest Property Address: 6130 Bisaner Street Total Parcel Area: 494,256 sq. ft. Property to be acquired by Easements: 146 sq. ft. (.003 ac.) in Sidewalk and Utility Easement, plus 687 sq. ft. (.016 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 047-041-13 Appraised Value: $475 Property Owner’s Counteroffer: None Recommendation: We are currently waiting on signed documents but to avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 78 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 83. In Rem Remedy: 304 Keswick 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. § 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 Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Complaint: 304 Keswick Avenue Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 304 Keswick Avenue (Neighborhood Profile Area 157). Attachment Kinsey In Rem Remedy 304 Keswick Ave.pdf City of Charlotte Page 79 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 84. In Rem Remedy: 515 W. 28th Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § 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 Dept. 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: 515 W. 28th Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 515 W. 28th Street (Neighborhood Profile Area 369). Attachment Kinsey In Rem Remedy 515 W 28th St.pdf City of Charlotte Page 80 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 85. In Rem Remedy: 816-4 Prince 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. § 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 Dept. 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: 816-4 Prince Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 816-4 Prince Street (Neighborhood Profile Area 292). Attachment Austin In Rem Remedy 816-4 Prince St 2.pdf City of Charlotte Page 81 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 86. In Rem Remedy: 816-5 Prince 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. § 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 Dept. 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: 816-5 Prince Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 816-5 Prince Street (Neighborhood Profile Area 292). Attachment Austin In Rem Remedy 816-5 Prince St.pdf City of Charlotte Page 82 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 87. In Rem Remedy: 2505 Rachel 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. § 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 Dept. 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: 2505 Rachel Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 2505 Rachel Street (Neighborhood Profile Area 363). Attachment Kinsey In Rem Remedy 2505 Rachel St.pdf City of Charlotte Page 83 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 88. In Rem Remedy: 5203 Elcar Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § 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 Dept. 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: 5203 Elcar Drive Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 5203 Elcar Drive (Neighborhood Profile Area 83). Attachment In Rem Remedy 5203 Elcar Dr.pdf City of Charlotte Page 84 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 89. In Rem Remedy: 9003 Sharpes Circle For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § 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 Dept. 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: 9003 Sharpes Circle Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 9003 Sharpes Circle (Neighborhood Profile Area 34). Attachment Mayfield In Rem Remedy 9003 Sharpes Cr.pdf City of Charlotte Page 85 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 90. In Rem Remedy: 9009 Sharpes Circle For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § 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 Dept. 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: 9009 Sharpes Circle Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 9009 Sharpes Circle (Neighborhood Profile Area 34). Attachment Mayfield In Rem Remedy 9009 Sharpes Cr.pdf City of Charlotte Page 86 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 91. In Rem Remedy: 11109 Deerparth Court 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. § 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 Dept. 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: 11109 Deerpath Court Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 11109 Deerpath Court (Neighborhood Profile Area 155). Attachment Phipps In Rem Remedy 11109 Deerpath Ct.pdf City of Charlotte Page 87 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 REFERENCES 92. Reference - Property Transaction Process Property Transaction Process Following Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 88 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 93. 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 89 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 94. 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 90 Printed on 9/24/2015 City Council Business Meeting Meeting Agenda September 28, 2015 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 91 Printed on 9/24/2015