City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, March 14, 2016 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda March 14, 2016 CITY COUNCIL MEETING Monday, March 14, 2016 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 33 University Pointe Boulevard Phase 2 74 Property Transactions: North Tryon Business Corridor, Parcel #14 75 Property Transactions: North Tryon Business Corridor, Parcel #20 76 Property Transactions: North Tryon Business Corridor, Parcel #27 77 Property Transactions: North Tryon Business Corridor, Parcel #35 City of Charlotte Page 2 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER 1. Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. Airport Airline Use and Lease Agreement Staff Resource(s): Brent Cagle, Aviation Time: 30 minutes Explanation § Aviation staff will present an overview of the new Airport Airline Use and Lease Agreement that has been negotiated with its signatory carriers. § The overview will include terms and conditions of the new lease, including elements that have been updated and adjusted to meet current regulatory requirements. Action City Council is asked to consider on tonight’s Business Agenda the Airport Airline Use and Lease Agreement, item 17 in Business. City of Charlotte Page 3 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 3. Disparity Study Committee Chair: James Mitchell Staff Resource(s): Randy Harrington, Management & Financial Services Nancy Rosado, Management & Financial Services Eric Nelson, Management & Financial Services Thomas Powers, City Attorney’s Office Time: 30 minutes Explanation § Staff will provide an update on plans to conduct a new Disparity Study, including why a new Disparity Study is needed, legal context, project timeline, and the anticipated cost. § The purpose of the Disparity Study is to determine whether disparity exists between the number of Minority and Women Business Enterprise (MWBE) firms available to perform on City contracts and the City’s utilization of these firms; the extent to which any disparities found are attributable to discrimination; and recommend modifications to remedy the effects of any identified disparities. § The City last conducted a Disparity Study in 2011. Results from the Study provide the basis for City Council’s current race and gender conscious measures in the Charlotte Business INClusion Policy. The legal justification for the establishment of MWBE goals sunsets in June 2017. § On February 17, 2016, the Economic Development & Global Competiveness Committee received a presentation on the proposed Disparity Study and endorsed the release (March 1, 2016) of the Request for Proposal for the 2017 MWBE Disparity Study. § A part of the Economic Development & Global Competiveness Committee’s standing work includes periodic review of the CBI Program and its initiatives, of which the Disparity Study is a component. Action Staff is seeking City Council’s endorsement for directing the City Manager to include the cost of the Disparity Study, estimated at $350,000, in the Fiscal Year 2017 City Manager’s Recommended Budget. 4. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 4a. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(4) to go into closed session to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. City of Charlotte Page 4 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 7:00 P.M. AWARDS AND RECOGNITION 5. Child Abuse Prevention Month Mayor Roberts will read a proclamation declaring April 2016 as Child Abuse Prevention Month. 6. Day for National Service Proclamation Mayor Roberts will read a proclamation recognizing April 5, 2016,as a Day for National Service in Charlotte. 7. 2016 U.S. Paralympic Team Trials Presentation Doug Youngblood, President, and Alvin Woods, Vice President, Partners for Parks will present on the 2016 U.S. Paralympic Team Trials that will be held in Charlotte. 8. For the Inspiration and Recognition of Science and Technology (FIRST) Zone Demonstration Queen City Robotics Alliance teams will provide a demonstration of student-designed, built, and programmed robots used to compete in the 2016 Stonghold FIRST Robotics Competition. 9. Recognition of the Greater Enrichment Program Mayor Roberts will recognize the Greater Enrichment Program for their selection as the 2016 Community Program of the Year by North Carolina’s Center for Afterschool Programs. City of Charlotte Page 6 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 10. Consent agenda items 29 through 82 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 7 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 PUBLIC HEARING 11. Public Hearing on Voluntary Annexation Action: A. Hold a public hearing for the Tilley Manor voluntary annexation, and B. Adopt an ordinance to extend the corporate limits to include this property and assign it to the adjacent Council District 7. Staff Resource(s): Jonathan Wells, Planning Explanation § Public hearings to obtain community input are required prior to City Council taking action on annexation requests. § A petition has been received from the owners of this 14.81-acre property located in the 4200 block of Tilley Morris Road in south Mecklenburg County. § The property is owned by Pamela Holt and the Jason K. Lamb trust. § The property is currently vacant and is zoned R-3 - Residential single-family. § The property is located within Charlotte’s extraterritorial jurisdiction and shares boundaries with current city limits. § The intent of the annexation is to enable the streets in the proposed development (35 single-family homes) to be designed and constructed to City street standards. § Annexation of this property will allow for more orderly extension of City development review, City services and capital investments in the future. § The effective annexation date for this property is March 14, 2016. § The Annexation Ordinance assigns the annexed area to adjacent City Council District 7 - Driggs. Consistent with City Council Policies § The annexation is consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; - Will not have undue negative impact on City finances or services; and - Will not result in a situation where unincorporated areas will be encompassed by new City limits. Attachment Map Annexation Ordinance Map Tilley Manor Ordinance City of Charlotte Page 8 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 12. Post-Construction Stormwater Ordinance Revisions Action: A. Conduct a public hearing regarding revisions to the Post-Construction Stormwater Ordinance, and B. Approve the Environment Committee recommendation to revise the Post-Construction Stormwater Ordinance. Committee Chair: John Autry Staff Resource(s): Daryl Hammock, Engineering & Property Management Explanation § On October 27, 2014, City Council requested the City Manager to convene a task force, made up of Environmental and Development industry interests, to develop recommendations for revisions to the City’s Post-Construction Stormwater Ordinance related to in-lieu mitigation fee options for redevelopment projects. § The City Council also directed Storm Water Services staff to facilitate task force meetings, to begin in January 2015 and conclude no later than January 2016. § Staff coordinated the task force and held 19 meetings to discuss options to include in a consensus agreement. § The task force reached a consensus agreement on November 12, 2015. The key changes to the Post-Construction Stormwater Ordinance in this consensus agreement are: - Makes permanent the option for redevelopment projects to pay a mitigation fee; - Added protection of quality streams downstream from redevelopment projects; - Added on-site control requirements that are low cost and feasible on most redevelopment sites; - Raised the mitigation fee, which is directly tied to the City’s costs to provide regional controls and ensures greater effectiveness off-site. Current per-acre fees vary from $60,000 to $90,000 and the proposed per-acre fees vary from $75,000 to $120,000; and - Allows mitigation fee reductions when on-site control requirements are met. § The combined effect of raising the per-acre fee while providing fee reductions varies significantly by site. Collectively these changes result in a fee increase to redevelopment projects of roughly 9%, which also provides a proportional environmental benefit. Environment Committee Discussion § On February 1, 2016, the Environment Committee voted unanimously (Autry, Mitchell, Austin, and Kinsey; Fallon was not present) to revise the Post-Construction Stormwater Ordinance. Background § The Post-Construction Stormwater Ordinance has been in effect since July 1, 2008. § Staff has determined that several redevelopment projects face substantial technical and economic challenges accommodating stormwater control measures on-site. § On October 11, 2011, the City Council approved the temporary expansion of the mitigation fee to redevelopment in all areas until April 30, 2014. § The Storm Water Services Advisory Committee unanimously recommended extending the option at its July 2014 meeting. § On October 27, 2014, the City Council approved the extension of redevelopment mitigation fees until December 31, 2017. § Expiration will result in the mitigation option only being available in Transit Station Areas and Business Corridor Revitalization geographies. City of Charlotte Page 9 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 § The mitigation fee provides additional flexibility and predictability, which may reduce compliance costs while enhancing water quality. § The mitigation fees are used by staff to design and build stormwater control measures elsewhere in the watershed. Fiscal Note Funding: Not Applicable Attachment Applicability Map Text Changes to City Code Section 18-161 Task Force Consensus Document PCSO Applicability Map 2016 PCSO Amendment_20160208 Consensus Document for Stormwater Mitigation Fee Task Force 11-12-15 FINAL to Council March 2016 City of Charlotte Page 10 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 13. Business Investment Grant for Republic Services Action: A. Conduct a public hearing regarding approval of an economic development Business Investment Grant for Republic Services. B. Approve the City’s share of a Business Investment Grant to Republic Services for a total estimated amount of $80,185 over three years (Total City/County grant estimated at $216,818). Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Explanation § Republic Services is a Fortune 500 company, headquartered in Phoenix, Arizona, with 32,000 employees, and is an industry leader in recycling and non-hazardous waste. The company was incorporated in 1996 and is publicly traded on the New York Stock Exchange. § Republic Services is the second largest domestic, non-hazardous solid waste company in the United States. It operates 338 collection sites, 200 transfer stations, 193 active solid waste landfills, 66 recycling centers, and 69 landfill gas and renewable energy projects across 39 states and Puerto Rico. § Republic Services has selected Charlotte for a large customer service operation in response to the company’s rapid growth and recent acquisitions. The company has signed a ten-year lease for approximately 83,000 square feet of office space located at 10815 David Taylor Drive in the University City area. The chosen location is within the Business Investment Zone. § On February 11, 2016, Republic Services formally announced its decision to locate its new customer service operation in Charlotte after receiving competitive offers from Phoenix (headquarters), Rock Hill, and Indianapolis. § If approved, the City’s share of the Business Investment Grant is estimated to be $80,185 over three years. § Total City/County combined grant is estimated to be $216,818 over three years. § The state of North Carolina has announced a One North Carolina Grant in the amount of $216,000, and a Customized Training Grant of $494,000. § Republic Services has committed to: - A minimum of $6.8 million capital investment (e.g. building improvements, machinery, and equipment). - The creation of at least 350 new jobs over three years with an average annual wage of $41,311 (This is approximately 85% of the regional average wage and 115% of the average wage for the administrative support industry sector at $35,620). Approximately 92% of the new jobs are expected to be hired locally. - The new jobs will be primarily in the customer service area as customer service associates and managers. Republic Services will host a job fair for local applicants. Business Investment Grant § The request meets the City Council-approved criteria for a three-year, 90% standard grant. § On August 24, 2015, the City Council, in a closed session, indicated its intent to approve a Business Investment Grant to Republic Services. § On September 1, 2015, the Mecklenburg County Board of Commissioners, in a closed session, indicated its intent to approve a Business Investment Grant to the Company, and approved their portion of the grant in public session on February 2, 2016. § The general terms and conditions of this grant include: - 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. City of Charlotte Page 11 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 - 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. Fiscal Note Funding: Business Investment Grant Attachment Business Investment Grant Analysis Republic BIG Financial Analysis City of Charlotte Page 12 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 POLICY 14. City Manager’s Report 15. Amend the 2016 City Council Meeting Schedule Action: Approve amendments to the 2016 City Council and Budget Meeting Schedule. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § North Carolina General Statute 143-318.12 requires that the City Clerk maintain on file a schedule of the City Council’s regular meetings and that the approved schedule shall be posted to the City’s Web site. If a schedule is duly adopted and filed, no further notice of regular meetings is necessary. § The following meetings and events are added to the 2016 Meeting Schedule: - April 18, 8:00 am: 2016 Short Session Legislative Briefing with the Mecklenburg County State Delegation; - April 27: Mayor and City Council Members to Raleigh; - May 4: Mayor and City Council Members to Raleigh; - May 18: Mayor and City Council Members to Raleigh; - June 1: Mayor and City Council Members to Raleigh; and, - June 29: Mayor and City Council Members to Raleigh § The trips to Raleigh are for the purpose of relationship building with the Delegation and General Assembly and advocacy of the City’s legislative agenda. § Upon a recommendation from the Budget Committee last year, the Budget Public Hearing scheduled for Monday, May 9, 2016, will begin at 5:30 p.m. instead of 7:00 p.m. Attachment Amended 2016 City Council Meeting Schedule 2016 Council and Budget Mtg Calendar_v13(3) City of Charlotte Page 13 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 16. Tenant Based Rental Assistance Funding Allocations Action: Approve the Housing and Neighborhood Development Committee recommendation to award Tenant Based Rental Assistance contracts with The Salvation Army, Supportive Housing Communities, Mecklenburg County Department of Social Services, Charlotte Family Housing, and the Men’s Shelter of Charlotte totaling $600,000. Committee Chair: LaWana Mayfield Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Warren Wooten, Neighborhood & Business Services Explanation § Tenant Based Rental Assistance provides up to two years of rental assistance to help families return to self-sufficiency. Funding for this activity is recommended as it meets the City’s housing program goals and requirements of the HOME Program requirements, a U.S. Department of Housing & Urban Development resource to address community housing needs and provide suitable living environments. § City Council is requested to fund the following agencies, which each have a long history of working with families to achieve self-sufficiency using temporary rental assistance: - The Salvation Army - $129,600; - Supportive Housing Communities - $91,440; - Mecklenburg County Department of Social Services - $90,800; - Charlotte Family Housing - $192,160; and - Men’s Shelter of Charlotte - $96,000 § Use of HOME funding is governed by The City’s Annual Action Plan (Plan) and City Housing Policy. § On April 27, 2015, the City Council adopted the Fiscal Year 2016 Annual Action Plan directing the use of federal funds received by the City from the U.S. Department of Housing and Urban Development. The Plan: - Identifies the need for affordable, safe, and decent housing for low and moderate income families; - Affirms three of the basic goals of the City’s Housing Policy: § Preserve existing housing stock, § Expand the supply of affordable housing and, § Support family self-sufficiency initiatives. Housing and Neighborhood Development Committee Discussion § On February 3, 2016, Neighborhood & Business Services staff presented the funding recommendations to the Housing & Neighborhood Development Committee. The Committee unanimously voted to approve the proposed recommendations (Mayfield, Autry, and Driggs; Austin and Kinsey were not present). Fiscal Note Funding: HOME Grant Attachment PowerPoint Presentation from February 3, 2016 Tenant Based Rental Assist Funding Alloc_3-14-16 Agenda City of Charlotte Page 14 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 BUSINESS City of Charlotte Page 15 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 17. Airport Airline Use and Lease Agreement Action: Approve a 10-year Airline Use and Lease Agreement (AUA) with American Airlines Inc., Delta Air lines Inc., United Airlines Inc., Southwest Airlines Co., and Jetblue Airways Corporation (collectively, “Signatory Airlines”). Staff Resource(s): Brent Cagle, Aviation Explanation § The current Airline Use and Lease Agreement (Existing AUA) was entered into for a 30-year term with the following Signatory Airlines: Delta Air Lines, Eastern Aviation, Piedmont Airlines, and United Airlines. § Throughout the term of the Existing AUA, the Airport has also entered into agreements with the following airlines: American Airlines (1985), US Airways (1985), Northwest Airlines (1996), JetBlue Airways (2010), Southwest Airlines (2012). § Under the Existing AUA, the Signatory Airlines include American Airlines, Delta Air Lines, United Airlines, Southwest Airlines, and JetBlue Airways. § The City approved amendments to the Existing AUA in 1999, 2001, 2004, and 2012, which reflected various changes in Airport rates and charges, the premises leased to each signatory airline, and the City’s issuance of multiple series of general airport revenue bonds. § The Existing AUA expires on June 30, 2016, and the Airport began negotiations for a new Airline Use and Lease Agreement (“New AUA”) with all the interested airlines serving the Airport in January 2015. § The New AUA will have a 10-year term, with an effective date of July 1, 2016, and an expiration date of June 30, 2026. The 10-year term is consistent with federal requirements and conforms to modern, industry standard airline use, and lease agreements. § In an effort to enhance open access and promote competition among airlines, the New AUA will eliminate certain exclusive airline rights and reassign them as preferential. Signatory Airlines will be required to maintain an average minimum use level for preferential use. § The New AUA will also give the Airport certain rights to recapture and reassign underutilized preferential use gates which were not included under the Existing AUA. § Additional benefits of the New AUA include: - Airline commitment to a 10-year capital investment program that will expand the terminal capacity and represent a nearly $500 million investment in Airport improvements. - An exemption from the Majority in Interest (MII) approval process for any capital improvement projects required to make available additional terminal space or related facilities for a new entrant or an existing carrier who desires to expand. - Clarifies treatment of affiliated airlines by allowing each designated airline to have the same rights as Signatory Airlines to use leased premises. - Enhances and streamlines the airline rates and charges methodology which will provide the Airport the opportunity to recover the cost of providing certain terminal operating expenses that are not recoverable under the current methodology. These additional revenues will enhance both the Airport’s financial metrics and overall financial self-sufficiency. - Explicitly requires the airlines to provide the Airport with extraordinary debt service coverage protection, which serves as a financial backstop for the Airport debt. If a time ever occurs when the Airport cannot meet its debt obligations, the airlines are financially committed to pay the debt. § Furthermore, the new AUA will continue to include a pro-rata profit share of 40% of the net remaining terminal complex revenue annually, which further secures the Signatory Airlines partnership with the Airport. City of Charlotte Page 16 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 Fiscal Note Funding: Aviation Operating Budget Revenue received from rates and charges as outlined in the AUA will be deposited into the Aviation Operating Fund. City of Charlotte Page 17 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 18. Sale of 11.4 Acres of the Former Eastland Mall Site to The Charlotte-Mecklenburg Board of Education Action: A. Approve the sale of 11.4 acres of the former Eastland Mall site to The Charlotte-Mecklenburg Board of Education for $650,000, B. Authorize the City Manager to negotiate and execute all documents necessary to complete the sale of the property, and C. Authorize a budget ordinance to appropriate sale proceeds for the City’s portion of the Hollyfield Drive extension and removal of retaining walls. Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Todd DeLong, Neighborhood & Business Services Tony Korolos, Engineering & Property Management Explanation § The Charlotte-Mecklenburg Board of Education (CMBE) has submitted an offer to purchase 11.4 acres of City-owned land at the former Eastland Mall site (portion of parcel identification number: 103-041-99). The offer includes the following terms: - Purchase price of $650,000. - CMBE will contribute $400,000 for the planning, design, and construction of the Hollyfield Drive extension. The City will reimburse CMBE for the remaining costs of the road improvements. - CMBE will pay to construct a temporary storm water detention area on the City-owned parcel adjacent to the CMBE parcel. The City will provide an easement for use of a designated portion of the former Eastland Mall site until the permanent storm water detention area is completed by the City as site redevelopment continues. CMBE will contribute $80,000 for access to the permanent storm water detention area once completed. This access fee is based on the site’s pro rata share of impervious acreage served by the permanent storm water detention pond. - CMBE will contribute up to $488,300 for demolition and associated work related to removing the retaining walls running along the property boundary. The City will reimburse CMBE cost overruns for this work, if any, over and above the CMBE contribution. - CMBE will oversee demolition and associated work related to a separate retaining wall located on City-owned property. The City will reimburse CMBE for the demolition and associated activities, which is estimated to be $51,500. - CMBE will serve as construction manager for the road improvements and retaining wall demolition and grading. - The City and CMBE have agreed upon a site plan complementary to future redevelopment of the surrounding property and consistent with the conceptual redevelopment plan. The City and CMBE will incorporate additional design guidelines and other related documents as part of the sales agreement. - The City has submitted an application to rezone this portion of the property from a dual zoning of O-15(CD) and B-1SCD to R-4, which will allow for a school. The City will manage the rezoning process, which includes a Public Hearing on March 21, 2016. § In 2015, The Hopkins-McElhannon Group appraised the property on behalf of the City for $1,420,000 and T.B. Harris, Jr. & Associates appraised the property on behalf of CMBE for $638,400. The primary difference between the two reports is due to varying opinions of highest and best use (mixed-use versus institutional). The agreed upon purchase price is closer to the CMBE appraisal due to CMBE’s negotiated contributions to other site improvements. § On October 7, 2015, the Joint Use Task Force reviewed the proposed sale and City Planning staff City of Charlotte Page 18 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 recommended approval of the sale. On October 20, 2015, the Planning Committee reviewed the proposed sale and voted (six to one) to deny the Planning staff’s recommendation. Background § The City purchased the approximate 80.4 acre property in August 2012 as an opportunity to aid economic development and neighborhood stabilization in the area. Eastland Mall was demolished in 2013. § The Eastland Area Plan, adopted by City Council in June 2003, outlines citizens’ concerns about the stability and quality of existing schools in the study area, as well as the need for continued expansion of nearby parks and greenways. § The concept plan for the former Eastland Mall site calls for a pedestrian-oriented mixed-use development pattern consisting of residential and commercial uses, park space with a storm water detention pond, and a K-8 school. § Staff presented the concept plan to City Council during a dinner briefing on October 26, 2015. City Council authorized staff to continue moving forward with the conceptual plan as presented and finalize an agreement with CMBE. § A new K-8 school was approved as part of the November 2013 school bond referendum. The new school, which could accommodate approximately 1,000 students, will alleviate crowding at Albemarle Road Elementary School and expand capacity for the Spanish language immersion magnet program. Fiscal Note Funding: The attached chart outlines the division of project expenses between CMBE and the City. Attachment Site Plan Map Letter from Planning Committee Project Expenses Budget Ordinance Eastland K8 Conceptual Site Plan Planning Committee Letter Project Expenses Budget Ordinance for Sale of Eastland City of Charlotte Page 19 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 19. CityLYNX Gold Line Phase 2 - Overhead Utility Relocation Agreement Action: Authorize the City Manager to negotiate and execute a Utility Relocation Agreement with Duke Energy for up to $1,100,000 for the CityLYNX Gold Line Phase 2 project. Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management David McDonald, CATS Explanation § The CityLYNX Gold Line Phase 2 project will extend the CityLYNX Gold Line Phase 1 project by 2.5 miles, add 11 stops, and replace the Gomaco replica trolley vehicles with modern streetcar vehicles. § The CityLYNX Gold Line Phase 2 project is included in the 2016 federal fiscal year budget for $74,999,999. Staff continues to work with the Federal Transit Administration (FTA) to complete the execution and award of the final Small Starts Grant Agreement for a total project cost of $150,000,000. § The Utility Relocation Agreement will allow cost sharing to relocate privately-owned poles and overhead electrical wires to accommodate the CityLYNX Gold Line Phase 2 project. § The Duke Energy agreement will follow the terms of the current Utility Relocation Agreement between the City and Duke Energy, which was approved by City Council in 1999. The Agreement sets the overhead relocation cost share at 60% City (CityLYNX Gold Line) / 40% Duke Energy. § Once the Small Start Grant Agreement is approved, the City can draw reimbursement for the 50% share of the funds advanced on the project since entering project development in February 2014. § The agreement and funding is necessary to begin utility relocation and maintain the project schedule. Fiscal Note Funding: General Community Investment Plan Attachment Map CityLYNX Gold Line Phase Two Small Starts Project Map Submission City of Charlotte Page 20 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 20. Nominations to the Arts and Science Council Advisory Councils Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § The Arts & Science Council (ASC) has been working over the past year to determine ways to better serve our entire regional community. To increase community engagement, the ASC is establishing Advisory Councils for the purpose of providing input, feedback and recommendations to the ASC Board to help align the cultural community with the needs of local communities. § At the request of the Arts & Science Council, the City is being asked to help support this effort by making 11 City-designated appointments to the Advisory Councils as specified below: - North/West Advisory Council - 3 appointees § 1 appointee from District 2 (nomination by Council member Austin), § 1 appointee from District 4 (nomination by Council member Phipps), and § 1 additional appointee from either District 2 or 4 (nomination by any Council member) - South/East Advisory Council - 3 appointees § 1 appointee from District 6 (nomination by Council member Smith), § 1 appointee from District 7 (nomination by Council member Driggs), and § 1 additional appointee from either District 6 or 7 (nomination by any Council member) - Central Advisory Council - 5 appointees § 1 appointee from District 1 (nomination by Council member Kinsey), § 1 appointee from District 3 (nomination by Council member Mayfield), § 1 appointee from District 5 (nomination by Council member Autry), and § 2 additional appointees from either District 1, 3, or 5 (nomination by any Council member) § Nominations made at the February 8 Council Business Meeting did not include nominations for Districts 1, 4, 6 or 7. All applications for nomination are attached. Attachment ASC Proposed Advisory Council Policy ASC Central Advisory Council Applications (Districts 1, 3 & 5) ASC North/West Advisory Council Applications (Districts 2 & 4) ASC South/East Advisory Council Applications (Districts 6 & 7) Council-Manager Memo from March 2, 2016 - ASC excerpt ASC Proposed Advisory Council Policy Central (City Council Districts 1,3 &5) North West (City Council Districts 2 & 4) South East (City Council Districts 6 & 7) CM Memo 3-02-2016 - ASC nominations City of Charlotte Page 21 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 21. Nominations to the Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for unexpired terms beginning immediately and ending April 30, 2019. - Edward Peugh did not meet attendance requirements for 2015. - Wesley Jones did not meet attendance requirements for 2015. Attachment Business Advisory Committee Applicants 22. Nomination to the Charlotte Water Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending June 30, 2018. - Ralph Messera did not meet attendance requirements for 2015. Attachment Charlotte Water Advisory Committee Applicants 23. Nominations to the Community Relations Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Seven appointments for three-year terms beginning immediately and ending June 30, 2019. - Sharon Merritt did not meet attendance requirements for 2015. - Marc Friedland did not meet attendance requirements for 2015. - Brenda Hayden did not meet attendance requirements for 2015. - Roderick Garvin did not meet attendance requirements for 2015. - Torrey Feimster did not meet attendance requirements for 2015. - Deborah Lee did not meet attendance requirements for 2015. - Felisha Fletcher did not meet attendance requirements for 2015. Attachment Community Relations Committee Applicants City of Charlotte Page 22 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 24. Nomination to the Historic Landmarks Commission Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending July 16, 2018. - Cameron Wright did not meet attendance requirements for 2015. Attachment Historic Landmarks Commission Applicants 25. Nomination to the Keep Charlotte Beautiful Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term of service beginning immediately and ending June 30, 2017. - Francene Greene did not meet attendance requirements for 2015. Attachment Keep Charlotte Beautiful Applicants 26. Appointment to the Privatization/Competition Advisory Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § On February 22, 2016, the following two applicants received the most votes, but not the required six votes for appointment. - James Marascio (Council members Driggs, Fallon, Mitchell, and Phipps). - Emmanuel Reid (Council members Austin, Autry, and Lyles). § Please vote for one of the two applicants named below: § One appointment for a two-year term beginning March 2, 2016, and ending March 1, 2018. - James Marascio - Emmanuel Reid Attachment Privatization/Competition Advisory Committee Applicants City of Charlotte Page 23 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 27. Appointment to the Zoning Board of Adjustment Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § On February 22, 2016, the following two applicants received the most votes, but not the required six votes for appointment. - Nichelle Bonaparte (Council members Austin, Autry, Lyles, Mayfield, and Mitchell) - Irving Schwebel (Council members Driggs, Fallon, and Phipps) § Please vote for one of the two applicants named below: § One appointment for a three-year term of service beginning January 31, 2016, and ending January 30, 2019. - Nichelle Bonaparte - Irving Schwebel Attachment Zoning Board of Adjustment Applicants 28. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 24 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 CONSENT City of Charlotte Page 25 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 29. Knight Cities Challenge Grant: Porch-Style Swings for Charlotte Non-Profit Organizations Action: Adopt resolutions approving the conveyance of three porch-style metal swings and frames to the following nonprofit organizations: - Midwood International Cultural Center, LLC, - Memorial United Methodist Church of Charlotte, Inc., and - Sustain Charlotte, Inc. Staff Resource(s): Tom Warshauer, Neighborhood & Business Services Explanation § In 2015, the John S. and James L. Knight Foundation awarded a $28,000 grant to Neighborhood & Business Services to install five porch-style swings for public use near bus stops and other public locations, as part of the Knight Cities Challenge for innovative ideas that create vibrant, connected communities. § Two of the swings will be installed on City property, one each at the Charlotte-Mecklenburg Police Department Eastway Division on Central Avenue at Merry Oaks and the Charlotte Fire Department Station 8 on The Plaza at Commonwealth. The remaining three swings will be installed at the following locations: - Midwood International Cultural Center (MICC), 1817 Central Avenue; - Memorial United Methodist Church (MUMC), 4012 Central Avenue; and - Central Pointe Apartments, 4933 Central Avenue, through Sustain Charlotte, Inc. § These partners have agreed to participate in the porch swing project by allowing swings to be installed for public use on their sites. They will assume ownership of the swings including responsibility for maintenance and liability. § Pursuant to North Carolina General Statute 160A-279 and as agreed to by MICC, MUMC, and Sustain Charlotte, the conveyances are conditioned upon use of the swings for a public purpose. Sustain Charlotte has agreed to transfer ownership to Central Pointe Apartments. § The estimated value of each swing and frame unit is $2,890 for a total of $8,670 for the three swings being installed on partner sites. Additionally, the City will contract for the installation of the three swings at a cost of $7,780. All expenses for the three swings, as well as the two swings installed on City property, are included in the Knight funding. § The project’s purpose is to create “place”, encourage community interaction and improve experiences for transit users and pedestrians by making the sidewalk and bus stops the new “civic front porch.” § The Central Avenue/Plaza Midwood corridor was selected due to the area’s ethnic diversity and popularity among millennials, while specific swing locations were chosen based on: - CATS bus ridership numbers; - Topography for ease of construction; - Existing amenities such as green space and trees; and - Institutional ownership that can provide oversight and the required minimal maintenance. Fiscal Note Funding: Knights Cities Challenge Grant Attachment Photo of swing and frame unit Swing project handout with location maps Resolutions City of Charlotte Page 26 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 Porch_Style_Swing SwingHandout_RCA Resolution_MICC_final Resolution_MUMC_final Resolution_SustainCLT_final City of Charlotte Page 27 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 30. Engineering and Planning Services for the Charlotte Regional Transportation Planning Organization Action: Approve the following contracts on behalf of the Charlotte Regional Transportation Planning Organization for Engineering and Planning Services: - WPS Parsons Brinckerhoff, Inc. for $200,000, and - RS&H Architects-Planners-Engineers, Inc. for $200,000. Staff Resource(s): Robert Cook, Planning Explanation § The City of Charlotte is the lead planning agency for the Charlotte Regional Transportation Planning Organization (CRTPO). § City staff supports the regional transportation planning process by providing complex, multi-dimensional tasks covering a range of transportation planning, engineering, and administrative services. § The City is seeking to augment City staff with qualified engineering and planning services, funded with Federal Highway Administration grant funds (80%), and by CRTPO member jurisdictions (20%) § The consultant firms will assist with some or all of the following tasks: - Metropolitan Planning Organization needs associated with increasing metropolitan transportation planning requirements, and air quality conformity compliance; - The North Carolina Department of Transportation’s project prioritization process; - Engineering and planning work associated with Comprehensive Transportation Plan projects; - Modifications to existing planning processes, such as the Unified Planning Work Program preparation; and - Public involvement process improvements and activities. § The CRTPO engages in a variety of tasks to implement federal and state transportation planning requirements, thus two firms were selected to ensure maximum flexibility. § Both firms were selected using the Council-approved, qualifications-based selection process. Small Professional Services Firm (SPSF) Opportunity For FHWA funded projects, NCDOT does not mandate a goal; however, they encourage the use of SPSFs on projects. The consultant firms have identified the following certified firms to be used as the project evolves: WPS Parsons Brinckerhoff, Inc. · SEPI Engineering (SPSF, State WBE) (2% anticipated utilization) (traffic data collection and survey) RS&H Architects-Planners-Engineers, Inc. · American Engineering (SPSF) (10% anticipated utilization) (roadway support/plan production) · Tupponce Enterprises (SPSF) (5% anticipated utilization) (public involvement activities) Fiscal Note Funding: Federal Highway Administration funds allocated to the CRTPO and CRTPO member jurisdictions City of Charlotte Page 28 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 31. Discovery Place Renovation and Exhibit Development Action: Approve an agreement with Discovery Place in the amount of $1,750,000 for services related to the development and construction of exhibits for the proposed renovations of Discovery Place. Staff Resource(s): William Haas, Engineering & Property Management Explanation § Discovery Place, Inc. is a science museum that opened in 1981 with significant renovations occurring in 2010. To keep pace with technology and current innovations in the fields of science and engineering, Discovery Place desires to renovate/modify existing spaces in the museum to create two new labs and supporting the exhibitry. § Discovery Place also plans to upgrade technology in the 3-D theater to create a more flexible theater space for live theatrical shows, speakers, demonstrations, and community conversations that could be shared more broadly. § Discovery Place will celebrate 35 years at the North Tryon Street location in late 2016 and would like to unveil these new spaces in its anniversary year. § The City Council approved $3.5 million in Tourism Capital Funding as part of the Fiscal Year 2016 Community Investment Plan for these renovations. This has been budgeted as $1.75 million for building renovations that will modify existing spaces and $1.75 million for lab content and exhibits. § The agreement will allow Discovery Place to proceed with the design, development, and fabrication of the exhibit content at an estimated cost of $1.75 million. § Discovery Place intends to self-produce the exhibit design, build, and install the exhibitry with its in-house staff of designers and fabricators. Discovery Place has produced exhibits for its Huntersville and Rockingham branches in the past. § On January 25, 2016, City Council approved a contract with Little Diversified Architectural Consulting, Inc. to design building modifications that will accommodate the exhibits produced by Discovery Place. § The City’s Engineering & Property Management staff will coordinate with Discovery Place to ensure the building modifications will accommodate these exhibits. § The City Council will be asked to approve a building renovation contract in the second quarter of 2016. § Building renovations and exhibit installation are expected to be complete in late 2016. Fiscal Note Funding: Tourism Capital Fund City of Charlotte Page 29 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 32. Interlocal Agreement with Mecklenburg County for Chancellor Park Drive Sidewalk Construction Action: Adopt a resolution to approve an interlocal agreement with Mecklenburg County for $140,194 toward the construction of a sidewalk on Chancellor Park Drive through Mecklenburg County’s Toby Creek Greenway Phase II project. Staff Resource(s): Scott Curry, Transportation Explanation § The sidewalk gap on Chancellor Park Drive is on the City’s Sidewalk Priority List. It is a highly ranked, non-thoroughfare gap in accordance with City Council’s adopted Sidewalk Retrofit Policy. - This segment of sidewalk will improve access to existing shopping centers along University City Boulevard and the future Toby Creek Greenway extension. § Mecklenburg County (County) is contributing an equal amount ($140,194) through its greenway project toward the total cost of this sidewalk construction ($280,388). § Approval of this interlocal agreement allows the Sidewalk & Pedestrian Safety Program to leverage County funds for an existing high-priority project. § The cost-sharing arrangement represents ongoing collaboration between the City and County to identify mutual project goals, reduce costs, and efficiently leverage taxpayer resources. Fiscal Note Funding: Sidewalk and Pedestrian Safety Program Attachment Map Resolution Chancellor Park Dr Sidewalk Map RESOLUTION for Chancellor Park Dr Sidewalk City of Charlotte Page 30 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 33. University Pointe Boulevard Phase 2 Action: Award a contract in the amount of $654,629.97 to the lowest responsive bidder Blythe Development Company for the University Pointe Boulevard Phase 2 project. Staff Resource(s): Valerie Hanes, Engineering & Property Management Matt Magnasco, Transportation Explanation § The University Pointe Boulevard project will improve capacity along W.T. Harris Boulevard in the University Research Park. The project will convert several consecutive right-turn lanes into a continuous third westbound through lane. The project limits extend approximately 1700 feet along W.T. Harris Boulevard from the Fox Sports driveway to Technology Drive. § As part of their review of the traffic study for the University Pointe Boulevard Phase 1 project (also called the Interstate-85 South Bridge), North Carolina Department of Transportation required the City mitigate project-related traffic impacts on W.T. Harris Boulevard (University Pointe Blvd Phase 2). § The University Pointe Boulevard Phase 2 project will include: - Curb and gutter, - Sanitary sewer relocation, - Storm drainage, - Asphalt widening, and - Pavement markings. § University Pointe Boulevard Phase 1 is City-maintained; University Point Boulevard Phase 2 on W.T. Harris Boulevard is State-maintained. § On January 6, 2016, the City issued an Invitation to Bid for the University Pointe Boulevard Phase 2 project; nine bids were received from interested service providers. § Blythe Development Company was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by second quarter 2017, concurrent with the expected completion of the Interstate-85 South Bridge. Charlotte Business INClusion Established SBE Goal: 16.00% Committed SBE Goal: 16.00% Blythe Development Co. met the established SBE subcontracting goal, and has committed 16.00% of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($52,968) (hauling) · B&B Concrete Construction of Charlotte, Inc. (SBE) ($29,400) (concrete) · On Time Construction, Inc. (SBE, MBE) ($15,965) (masonry) · PANDTL, Inc. (SBE) ($3,524.25) (fence) · RAM Pavement Services, Inc. (SBE) ($3,154.34) (pavement marking) Established MBE Goal: 6.00% Committed MBE Goal: 10.49% Blythe Development Co. exceeded the established MBE subcontracting goal, and has committed 10.49% of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($52,968) (hauling) · On Time Construction, Inc. (SBE, MBE) ($15,965) (masonry) City of Charlotte Page 31 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - University Pointe Boulevard Phase 2 34. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to approve a Developer Agreement with Crescent Uptown Venture, LLC, and B. Adopt a budget ordinance appropriating $330,984 in private developer funds for traffic signal improvements. Staff Resource(s): Scott Putnam, Transportation Explanation § The $330,984 in private developer funding is for traffic signals/upgrades and related work associated with the developer project. The funding is restricted to the project noted below. § The following developer is fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development project: - Crescent Uptown Venture, LLC contributed $330,984 for traffic signal modifications at the intersections of South Brevard and East Stonewall streets, and East Stonewall and South Caldwell streets, that include new mast arms and related traffic signal equipment. § Payment made by the developer is in response to an estimate of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § Any funding contributed by the developer for a signal project that is unused by the City will be refunded after project completion. § CDOT will be installing and operating these signals as part of the existing signal systems in the area. Fiscal Note Funding: Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements 022516 CDOT ord 3-14-16 Developer Contributions City of Charlotte Page 32 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 35. Traffic Control Video Detection Equipment Action: A. Approve the purchase of traffic control video detection components, 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 traffic control video detection components for a 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): 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 standardization and compatibility with existing equipment is the overriding consideration. § City Council must approve purchases made under the sole source exception. Explanation § Traffic control video detection equipment is used to detect the presence of vehicles at the intersection. Detection of vehicles at an intersection notifies the traffic signal when to change. § There are 160 signalized intersections in the city of Charlotte that currently use traffic control video detection. § The contract will provide for the upgrade of obsolete components, which allows staff to remotely set up, monitor, and adjust traffic control video detection. § The initial upgrade to replace obsolete equipment is estimated at $1,042,000. - Future upgrades to video detection are estimated at $124,000 annually. 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 Capital Investment Plan City of Charlotte Page 33 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 36. Accela Database Technology Maintenance and Hosting Services Contract Amendment Action: A. Approve contract amendment #8 in the amount of $215,433.52 with Accela, Inc. for maintenance and hosting services for the land development permit and enforcement system through June 2, 2017, and B. Authorize the City Manager to renew the contract with Accela, Inc. up to two additional, one-year terms at annual rate increases of up to 3% for maintenance and hosting services. Staff Resource(s): David Weekly, Engineering & Property Management Explanation § Contract amendment #8 in the amount of $215,433.52 includes $106,784.22 for annual maintenance and $108,649.30 for the hosting fee. § On April 10, 2006, the City Council approved an agreement with Accela, Inc. to upgrade the City’s Land Development Permit Information software to Accela Automation, a web-based system used to store, track, and report land development permit and enforcement activity. - The agreement included an annual fee for Accela, Inc. to provide maintenance and support for Accela Automation. - At the City’s option, the agreement requires Accela, Inc. to continue offering maintenance services to the City at the same annual fee through June 2, 2016. § Contract amendments #1 through #7 provided additional services, including hosting and maintenance and were previously approved by the City Council or City Manager’s Office. § The new total contract amount including all amendments is $2,297,334.61. Charlotte Business INClusion No subcontracting goal was established for this contract amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Engineering & Property Management Operating Budget City of Charlotte Page 34 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 37. Utility Management System Field Service Software Upgrade Services Action: A. Approve contract amendment #1 to the professional services agreement with ABB Enterprise Services (formerly Ventyx, Inc.) for up to $520,000 to provide Upgrade Services for the Utility Management System Field Service component, and B. Approve contract amendment #1 to the professional services agreement with Hansen Technologies for up to $250,000 to provide Upgrade Services for the Field Services integration with the Utility Management System Billing component. Staff Resource(s): Robert Campbell, Management & Financial Services Barry Gullet, Charlotte Water Explanation § Management & Financial Services, in collaboration with Charlotte Water and Storm Water Services, uses a comprehensive Utility Billing Management (UMS) System comprised of multiple integrated software systems, for the billing and collection of approximately $425 million annually for water, sewer, and storm water-related services. § The Field Service (Service Suite) Software application is integrated with the billing (Banner) Software to manage service orders associated with UMS activities, including monitoring of system activities, generation of automated notifications, and automation of various system processes. § The Service Suite upgrade is required in order to comply with security and maintenance support requirements, including the end of life of support for certain security components in January 2017. § In order to maintain existing warranties, the City must use ABB Enterprise Services to install the newest version of the Service Suite software, perform data migration services, and provide additional upgrade consulting services. § Hansen Technologies will provide integration software upgrades to enable Banner and the new version of Service Suite to continue to work together. § The total value of the ABB Enterprise Services Contract, including estimated previous spending of $48,240, together with this amendment, shall not exceed $568,240. § The total value of the Hansen Technologies Contract, including estimated previous spending of $362,951.70, together with this amendment, shall not exceed $612,951.67. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Water/Sewer and Stormwater Fees, Charlotte Water Community Investment Plan, and Mecklenburg County Stormwater Administrative Fee City of Charlotte Page 35 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 38. Airport Computer-Based Training and Learning Management System Action: A. Approve a contract with The American Association of Airport Executives to provide an Airport Computer-Based Training and Learning 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. Approve the purchase of maintenance and support for an initial term of five years, and authorize the City Manager to purchase maintenance and support thereafter for as long as the City uses the system, and D. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to operate the system. Staff Resource(s): Brent Cagle, Aviation Explanation § The Airport’s current computer-based training for security badge holders has been in place since 2005. It is an in-house developed system that does not easily implement updates. § Due to changing regulatory requirements, the current system is out of date. § The new system will allow for updates and expandability. § On October 15, 2015, the City issued a Request for Proposal (RFP) for an Airport Computer-Based Training and Learning Management System. In response to the RFP, the City received five proposals from interested service providers. § Aviation staff evaluated the proposals and determined that the American Association of Airport Executives best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Approval is requested for the purchase of maintenance and support for an initial five-year term, and thereafter as approved by the City Manager for as long as the City uses the software. This may be done by amendment to the original contract or by new contracts with the same or other vendors that may offer such services in the future. § Approval is also sought for the City Manager to purchase such additional software licenses, services, hosting, and hardware as needed from time to time for optimal City use of the system. § One-time expenditures for licensing and implementing the system are estimated to be $157,425. § Expenditures for maintenance and support are included for the first year. For the next four years expenditures will be $22,000 per year, and are subject to adjustments thereafter as authorized by the contract or by the City Manager. 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 36 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 39. Airport Carpet Action: A. Approve the purchase of carpet from Tandus Flooring, Inc., as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a unit price contract with Tandus Flooring, Inc., for the purchase of carpet for the airport concourses and terminal 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): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. This carpet is essential in maintaining standardization throughout the airport complex. § The City Council must approve purchases made under the sole source exception. Explanation § On May 23, 2011, the City Council approved a sole-source contract with Tandus Flooring for the purchase of carpeting to be used throughout the Airport’s Terminal building. § The requested carpet is a custom design and color specific to the Airport. Tandus Flooring is the only vendor to provide matching carpet. § Staff is seeking City Council approval to contract with Tandus Flooring, Inc. to purchase additional carpet, which will be used as replacement carpet (as needed) throughout the Airport Terminal. § Based on experience, carpet in high travel areas in the terminal should be replaced every three years. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures under the contract are estimated to be $200,000. 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 Aviation Operating Budget City of Charlotte Page 37 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 40. Airport Checked Baggage In-Line System Maintenance Contract Amendment Action: Approve contract amendment #1 with Siemens Postal, Parcel & Airport Logistics, LLC, to provide additional staffing needs for the checked baggage in-line system for the duration of the contract. Staff Resource(s): Jack Christine, Aviation Explanation § The checked baggage in-line system (CBIS) sorts and screens approximately 3.5 million pieces of outbound checked baggage annually. This system expedites delivery of baggage to the appropriate air carrier in preparation of delivery to aircraft. The installation of this system was 90% funded by the Transportation Security Administration through a $45 million grant. § On June 23, 2014, City Council approved a contract with Siemens Postal, Parcel & Airport Logistics, LLC, for operation and maintenance services of the checked baggage in-line system. This contract expires in October 2016, and has two, one-year options for extension. § Occasionally the baggage system will misread bags, causing a detour to its intended destination. Contract amendment #1 provides additional staff and equipment to manually identify, log, and transfer baggage to ensure the baggage arrives to the correct area for sorting and loading onto the aircraft. § The estimated annual cost of this amendment is $255,037.40. § The total new estimated contract value is $3,596,240.40 § These additional costs will be recovered through a bag fee charged to the airlines. Charlotte Business INClusion All additional work involved in this amendment will be performed by Siemens Postal, Parcel and Airport Logistics, LLC and their existing subcontractor (Part D: Section 6 of the Charlotte Business INClusion Policy). Siemens Postal, Parcel and Airport Logistics, LLC, has committed 72.84% ($185,772.18) of the total contract amendment amount to the following certified firm: · Link Staffing Services (SBE, MBE) ($185,772.18) (personnel services) Fiscal Note Aviation Operating Budget City of Charlotte Page 38 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 41. Airport Concourse A Expansion Phase I: AT&T Relocation Agreement Action: A. Approve a contract with AT&T not to exceed $152,757.53 to relocate communications cable, and B. Adopt a budget ordinance appropriating $152,757.53 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Concourse A Expansion Phase I project is currently in design and construction will begin in summer 2016. § AT&T provides the telecommunication services for the Airport. There are major communication feeds that require re-routing due to this construction. This fee will cover AT&T’s relocation of the communication cables along Rental Car Road. 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 Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD031416 - Airport Concourse A Expansion Phase I AT_T Relocation City of Charlotte Page 39 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 42. Airport Floor Cleaning and Maintenance Action: A. Approve the first, one-year unit price contract extension with Sunshine Cleaning Services, Inc. for terrazzo flooring cleaning and maintenance in the Airport terminal, and B. Authorize the City Manager to approve up to one additional option year, 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 § On May 13, 2013, the City Council approved a three-year maintenance contract with Sunshine Cleaning Services, Inc. for the cleaning and polishing of terrazzo floors. In the contract, there is a provision that provides two, one-year extensions of the contract. § The total original contract was for $1,460,991 for the first three years and ends June 30, 2016. § Contract amendment #1 exercises the first of the two extensions available in the contract. § The extension to the contract will provide specialized trained personnel for continuous cleaning and maintenance of approximately 190,898 square feet or terrazzo flooring. § The contract allows for the addition and deletion of square footage with a written notice by the City at a unit price. § The annual estimated cost of the extensions is $550,000. Charlotte Business INClusion No subcontracting goal was established for this extension because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Aviation Operating Budget City of Charlotte Page 40 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 43. Charlotte Water Construction Rental Equipment Action: A. Approve the rental of equipment from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), B. Approve a unit price contract with United Rentals, for the rental of equipment, for up to four years under National Joint Powers Alliance Contract No. 091615-URI dated October 20, 2015. Staff Resource(s): Barry Shearin, Charlotte Water Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § When completing water and sewer repairs, occasionally specialty equipment is required, such as excavators, backhoes, large trench boxes, and bull dozers. § United Rentals has a contract awarded through the National Joint Powers Alliance that offers competitively obtained contracts to public agencies nationwide. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures are estimated to be $200,000. Charlotte Business INClusion This is a cooperative purchasing contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 41 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 44. McAlpine Creek Relief Sewer Project: Phase 4 Action: Approve a contract with McKim and Creed in the amount of $1,640,800 for design and construction administration services for the McAlpine Creek Relief Sewer Phase Four project. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The McAlpine Creek Relief Sewer project was initiated in 2000 to address wet weather sewer overflows occurring in the existing McAlpine Creek drainage basin. § The overall project extends from the McAlpine Wastewater Treatment Plant to Lawyers Road, and is being designed and constructed in four phases for a total of approximately 80,000 feet. § Phase 4 is the final phase, which is approximately 18,000 feet long. It will originate near Independence Boulevard and terminate just north of Lawyers Road. § The contract with McKim and Creed will provide the following services: - Design; - Project Management; - Survey and Right-of-Way Mapping; - Permitting; and - Construction Administration and Inspection § In 2000, the City issued a Request for Qualifications (RFQ) for the entire McAlpine Creek Relief Sewer project. Staff determined that McKim and Creed was the best qualified firm to meet the City’s needs in response to the RFQ requirements and was awarded the project. § McKim and Creed completed the design for the project and shortly thereafter, the project was divided into four phases due to funding constraints caused by the drought in 2007 and the economic downturn. Phases 1, 2, and 3 were completed in 2010, 2012, and 2016, respectively. § Construction of Phase 4 is estimated to be $8,000,000, and funding is available. 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). McKim & Creed, Inc. has committed 15.16% of the contract amount to the following certified firms: · Gavel & Dorn Engineering, PLLC (SBE) ($238,800) (construction observation, material testing) · Carolina Wetland Services, Inc. (SBE, WBE) ($10,000) (wetland delineation permitting) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McAlpine Relief Sewer Phase Four - Map City of Charlotte Page 42 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 45. Sanitary Sewer Cleaning and Closed Circuit Television Inspection Action: A. Approve unit price contracts for sanitary sewer cleaning and closed circuit television inspection for a term of two years with the following firms: - Bio-Nomic Services, Inc. - Hydrostructures PA, and B. Authorize the City Manager to renew these contracts for one additional, two-year term and amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Barry Shearin, Charlotte Water Explanation · Periodic cleaning and inspection of sanitary sewer lines is part of Charlotte Water’s broader, continuous maintenance activities necessary to ensure proper wastewater system operation and protection of public health and environment. · Daily system maintenance performed by Charlotte Water Field Operations staff is supplemented by privately contracted sanitary sewer cleaning and in-pipe inspection services using closed circuit television (CCTV) cameras. · The contracts with Bio-Nomic Services, Inc. and Hydrostructures PA include cleaning and CCTV inspection of sewer main sizes generally ranging from 6 - 54 inches in diameter, with primary focus on sewer mains located off-street. This work will supplement the in-house CCTV efforts of Charlotte Water. · On November 20, 2015, the City issued a Request for Proposal (RFP) for sanitary sewer cleaning and CCTV inspection. In response to the RFP, the City received two proposals from interested service providers. · Charlotte Water staff evaluated the proposals and determined that Bio-Nomic Services, Inc. and Hydrostructures PA best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. · The estimated annual expenditures are $600,000 for each vendor. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 43 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 46. Interlocal Agreement Amendment for Briar Creek Water Quality Improvement Project Action: Amend the interlocal agreement with Mecklenburg County for an additional $884,375.49 for the Briar Creek and Chantilly Water Quality Improvement project. Staff Resource(s): Marc Recktenwald, Engineering & Property Management Explanation § On June 10, 2013, City Council approved the original interlocal agreement with Mecklenburg County for funding of the Briar Creek and Chantilly Water Quality Improvement project for an amount up to $2,000,000. § The previously approved amount included design, an estimated construction cost, and inspection services. § Mecklenburg County serves as the project leader and advertised/received bids for construction. The recommended low-bid price was greater than estimated. § The proposed City funding amount has increased by $884,375.49. The additional funding is necessary to cover the City’s portion of the increased construction costs for the stream restoration, stormwater pond, and stormwater wetland. Mecklenburg County is paying the increased construction cost for their portion of the project. § Including this amendment, the total value of the interlocal agreement for funding is up to $2,844,375.49. § The total project cost is $4,891,989.42, and Mecklenburg County will fund the balance of the project. § Mecklenburg County Board of County Commissioners will be asked to approve the construction contract and amended interlocal agreement at their meeting on April 5, 2016. § Project construction is expected to start in June 2016 and conclude by August 2017. Background § The interlocal agreement outlines the City’s partnership with Mecklenburg County to construct the Briar Creek and Chantilly Water Quality Improvement project. § The project is located on Mecklenburg County’s Doral and Cavalier Apartments Floodplain Buyout site near Monroe Road and Seventh Street. It describes cost-sharing and reimbursement specifics for construction activities, an easement agreement, and maintenance responsibilities. § The project area drains directly into Briar Creek, which is designated as impaired according to Clean Water Act standards. § The City and Mecklenburg County are funding portions of the project that fulfill their individual responsibilities as defined in 1993 by the interlocal agreement that established the storm water utility. § The City’s portion of the project includes design and construction of a 3.6-acre pond and a 1.2-acre wetland, providing stormwater runoff treatment for 130 acres of developed land and design and construction of 951 feet of stream restoration on the minor stream system. - Based on current costs, this project is estimated to generate stream mitigation credits in the amount of $413,325 to fund future stream improvement projects within the City. § Mecklenburg County’s portion of the project includes design and construction of 4,200 feet of stream restoration on the major stream system. § Both the City and County benefit from co-locating the improvements and coordinating use of the same design team and construction contractor. § A portion of the City funding comes from mitigation fees paid to the City for compliance with the Post Construction Stormwater Ordinance by private redevelopment projects in this watershed. The water quality impacts of such private development projects will be mitigated by this project. City of Charlotte Page 44 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 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: Storm Water Services Community Investment Plan Attachment Map Interlocal Agreement Location Map - Amended Interlocal Agreement for Briar Creek and Chantilly Water Quality Improvement Project Interlocal Agreement Briar Creek Water Quality Project 47. CATS Bus Anti-Freeze Action: A. Award a unit price contract to the lowest responsive bidder Cummins Atlantic LLC for the purchase of bus anti-freeze fluid for a term of two years, 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 § The contract with Cummins Atlantic LLC will provide bus anti-freeze fluid for the on-going maintenance of CATS large bus fleet and Special Transportation Services buses. § On January 11, 2016, CATS issued an Invitation to Bid; six bids were received from interested providers. § Cummins Atlantic LLC was selected as the lowest responsive, responsible bidder. § The company will be paid $7.33 per gallon. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The current bid price is $1.02 lower than the lowest bid price received from the comparable 2013 bid solicitation. § Estimated contract expenditures are $96,000 per year. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 45 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 48. LYNX Blue Line Core Capacity Phase 2 Design Action: Authorize the City Manager to negotiate and execute an agreement with STV Engineers, Inc., in the amount of $4,400,000, to design capacity enhancements for the existing LYNX Blue Line. Staff Resource(s): John Lewis, CATS David McDonald, CATS Explanation § The contract with STV Engineers, Inc. will advance the design of the project to a level to compete for federal funding from the Core Capacity Program to upfit the original LYNX Blue Line to accommodate three-car trains. § Upon the completion of the expansion, CATS will be able to operate three-car trains that will provide greater capacity, promote continued ridership growth, and reduce operating expenses. Background § In 2005 the City received bids for the construction of the original LYNX Blue Line Light Rail Stations and Platforms. All bids exceeded the project cost estimate and the City reduced the scope of the project to: - Reduce the station platform lengths from three-car to two-car; - Reduced the Power Systems capacity; and - Reduced the parking deck size at the Interstate-485 terminus station. § Since its completion in 2007, ridership on the LYNX Blue Line has greatly exceeded expectations and original estimates. Ridership is often standing room only, especially during workday rush hour and for special events. § In response to the success of the LYNX Blue Line and the projections of continued ridership growth that is expected to be compounded by the LYNX Blue Line Extension project, the City has done the following: - Designed and currently constructing the LYNX Blue Line Extension to accommodate three-car trains; - Secured a TIGER grant to fund the Blue Line Capacity Expansion project to upgrade the Power Systems and lengthen four stations along the original LYNX Blue Line to accommodate three-car trains (under construction); - Applied to the Federal Transit Administration (FTA) for entry into Project Development under the Core Capacity Program to complete the expansion of the remaining 11 stations along the LYNX Blue Line - Phase 2. § The FTA approved CATS entry into Project Development in July 2015. With that approval, a share of the funding relating to the work on project development of the LYNX Blue Line - Phase 2 will be eligible for reimbursement upon the successful award of a full funding grant agreement. § On January 22, 2016, a Request for Qualification was posted; the deadline was extended to February 4, 2016. STV Engineers, Inc., and WSP/Parsons Brinckerhoff both submitted Statements of Qualification. CATS staff evaluated the submittals and recommended STV Engineers, Inc., as the most qualified. Fiscal Note Funding: CATS Community Investment Plan Disadvantaged Business Enterprise Opportunity Established DBE Goal: 15.5% Committed DBE Goal: 17.8% STV Engineers, Inc. exceeded the established DBE subcontracting goal and, has committed 17.8% City of Charlotte Page 46 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 ($784,894) of the total contract amount to the following firms: · Keville Enterprises (DBE) ($103,000) (project controls, scheduling) · Mulkey Engineers & Consultants (DBE) ($281,750) (surveying) · Neighboring Concepts (DBE, MBE) ($400,144) (architectural design) 49. Public Auction for Disposal of Surplus Equipment Action: A. Adopt a resolution declaring specific vehicles, equipment, and other miscellaneous items as surplus, and B. Authorize said items for sale by public auction on April 16, 2016. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Pursuant to North Carolina General Statute 160A-270(b), approval is requested for one public auction as follows: - On April 16, 2016, at 10:00 a.m. to dispose of City-owned property declared as surplus. § The City selected Rogers Realty and Auction Company, Inc. as the auction service provider through a competitive selection process. § Each auction is conducted at the City Asset Recovery and Disposal facility located at 5550 Wilkinson Boulevard, Charlotte, North Carolina. § The auction company will be compensated for the sale through auction proceeds in the following manner: - Rolling stock equipment - 8.50% of the total gross sale price. - Miscellaneous items - 8.50% of the total gross sale price. - Proceeds from the April 16 auction will go back to the entity that owned the vehicle or equipment that was sold (City’s General Fund, or the Enterprise Funds (Aviation, Charlotte Water, and CATS)). Background § The Department of Management & Financial Services provides asset recovery and disposal services to the City of Charlotte, Mecklenburg County, Emergency Management Services, and the Charlotte Housing Authority. § The Asset Recovery and Disposal program manages all used, seized, and surplus assets at the end of their useful life through final disposition via live and electronic auction activities. § Live auctions for rolling stock, equipment, and miscellaneous items are held at least twice a year, and electronic auctions are used throughout the year for disposal of a variety of assets. Attachment Property List Resolution Delegation of Authority 20160314 - 01 Exhibit A 20160314 - 02 Rolling stock auction - Resolution 20160314 - 03 Rolling stock auction - Delegation of Authority City of Charlotte Page 47 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 50. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $57,829.41. Staff Resource(s): Mark Goodman, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on February 22, 2016, totaled $1,093,694.59. Attachment List of Taxpayers and Refunds Requested Resolution Taxpayers and Refunds Requested 51. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - January 25, 2016, Business Meeting - January 27-29, 2016, Council Retreat - February 8, 2016, Business Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 48 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 PROPERTY TRANSACTIONS 52. Airport Property Exchange Action: Adopt a resolution authorizing a land exchange between the City and Latour Properties, LLC for land parcels adjacent to the Airport. Staff Resource(s) Jack Christine, Aviation Explanation § Latour Properties, LLC owns a 1.79 acre parcel of land on Harlee Avenue. The Airport needs this parcel of land to build the new vehicle maintenance facility. Latour Properties, LLC desires to remain in the area to continue business operations. § The Airport proposes swapping four parcels of Airport-owned vacant land on Boyer Street in addition to paying the difference in value for the Latour parcel, which is $790,000. § The City-owned four vacant parcels total 2.15 acres and is valued at $417,000. Latour Properties, LLC owns one parcel of land totaling 1.79 acres that is valued at $1,207,000. § The benefits of this swap include: - The Airport will acquire the last parcel needed to begin construction of the new vehicle maintenance facility. - The business run by Latour Properties, LLC will relocate and continue operating which will keep citizens employed while also bringing four tax-exempt parcels back onto the tax rolls. Fiscal Note Aviation Community Investment Plan Attachment Map Resolution City_Latour_Parcels_29FEB2016 RES.LATOURPROPERTIESLLC031416 City of Charlotte Page 49 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 53. In Rem Remedy: 6139 Bent Tree 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; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (6139 Bent Tree Court) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (6139 Bent Tree Court) (Neighborhood Profile Area 50). Attachment In Rem Packet for 6139 Bent Tree Court In Rem Remedy 6139 Bent Tree Ct.pdf City of Charlotte Page 50 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 54. In Rem Remedy: 2128 Mingus Cabin Lane For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2128 Mingus Cabin Lane) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2128 Mingus Cabin Lane) (Neighborhood Profile Area 348). Attachment In Rem Packet for 2128 Mingus Cabin Lane In Rem Remedy 2128 Mingus Cabin Ln.pdf City of Charlotte Page 51 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 55. In Rem Remedy: 3028 Morning Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (3028 Morning Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (3028 Morning Drive) (Neighborhood Profile Area 363). Attachment In Rem Packet for 3028 Morning Drive In Rem Remedy 3028 Morning Dr.pdf City of Charlotte Page 52 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 56. In Rem Remedy: 2534 Oneida Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (2534 Oneida Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2534 Oneida Road) (Neighborhood Profile Area 238). Attachment In Rem Packet for 2534 Oneida Road In Rem Remedy 2534 Oneida Rd.pdf City of Charlotte Page 53 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 57. In Rem Remedy: 2215 Sanders Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2215 Sanders Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2215 Sanders Avenue) (Neighborhood Profile Area 85). Attachment In Rem Packet for 2215 Sanders Avenue In Rem Remedy 2215 Sanders Av.pdf City of Charlotte Page 54 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 58. In Rem Remedy: 2120 Weddington Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2120 Weddington Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2120 Weddington Road) (Neighborhood Profile Area 380). Attachment In Rem Packet for 2120 Weddington Road In Rem Remedy 2120 Weddington Rd.pdf City of Charlotte Page 55 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 59. In Rem Remedy: 2120 Weddington Road Dwelling-Garage For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2120 Weddington Road Dwelling-Garage) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2120 Weddington Road Dwelling-Garage) (Neighborhood Profile Area 380). Attachment In Rem Packet for 2120 Weddington Road Dwelling-Garage In Rem Remedy 2120 Weddington Rd Dwelling-Garage.pdf City of Charlotte Page 56 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 60. In Rem Remedy: 6925 Woodfield Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (6925 Woodfield Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (6925 Woodfield Drive) (Neighborhood Profile Area 271). Attachment In Rem Packet for 6925 Woodfield Drive In Rem Remedy 6925 Woodfield Dr.pdf City of Charlotte Page 57 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 61. In Rem Remedy: 6307 Woodthrush Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Complaint: (6307 Woodthrush Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (6307 Woodthrush Drive) (Neighborhood Profile Area 322). Attachment In Rem Packet for 6307 Woodthrush Drive In Rem Remedy 6307 Woodthrush Dr.pdf 62. Aviation Property Transactions - 7820 Steele Creek Road Action: Approve the following property acquisition. This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement. Project: Aviation EIS Mitigation Land Program: Owner(s): Lettie Massey Property Address: 7820 Steele Creek Road Total Parcel Area: 2.51 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: 141-112-05 Purchase Price: $180,000 Council District: N/A City of Charlotte Page 58 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 63. Aviation Property Transaction - 9606 Markswood Road Action: Approve the following property acquisition. This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement. Project: EIS Mitigation Land Program: Owner(s): Kevin & Tanya Loftin Property Address: 9606 Markswood Road Total Parcel Area: 2.22 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: 141-261-26 Purchase Price: $185,000 Council District: N/A 64. Property Transactions - 10th/Central/Louise Pedestrian Improvements, Parcel #4 Action: Approve the following Acquisition: 10th/ Central/ Louise Pedestrian Improvements, Parcel #4 Project: 10th/Central/Louise Pedestrian Improvements - Parcel #4 Owner(s): Betty Ann Webb and G. Howard Webb., Jr. Property Address: 1041 Central Avenue Total Parcel Area: 11,109 sq. ft. (.255 ac.) Property to be acquired by Easements: 284 sq. ft. (.007 ac.) in Sidewalk and Utility Easement, plus 1,819 sq. ft. (.042 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-2 Use: Commercial Tax Code: 081-113-04 Purchase Price: $20,597 Council District: 1 City of Charlotte Page 59 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 65. Property Transactions - Coulwood Branch Stream Restoration, Parcel #10 Action: Approve the following Acquisition: Coulwood Branch Stream Restoration, Parcel #10 Project: Coulwood Branch Stream Restoration, Parcel #10 Program: Stream Restoration Owner(s): Colonial Pipeline Company Property Address: 7524 Kenstead Circle Total Parcel Area: 4,689,375 sq. ft. (107.653 acres) Property to be acquired by Easements: 225,292 sq. ft. (5.172 acres) in Storm Drainage Easement, plus 1,017,046 sq. ft. (23.348 acres) in Conservation Easement, plus 76,883 sq. ft. (1.765 acres) in Access Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Tax Code: 031-022-06 Purchase Price: $100,000 Council District: 2 66. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #124 and #176 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, Parcel #124 and #176 Project: Lyon Court Storm Drainage Improvement Project, Parcel #124 and #176 Program: Flood Control Owner(s): Lara E. Reeves Property Address: 1559 Tippah Park Court Total Parcel Area: 15,149 sq. ft. (.348 ac.) Property to be acquired by Fee: 293 sq. ft. (.007 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 9,423 sq. ft. (.216 ac.) in Storm Drainage Easement, plus 1,575 sq. ft. (.036 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Small pedestrian bridge Landscaping to be impacted: Trees and various plantings Zoned: Urban Residential-2 Use: Single-family Residential Tax Code: 095-072-04 and 095-072-08 Purchase Price: $92,000 Council District: 1 City of Charlotte Page 60 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 67. Property Transactions - North Tryon Business Corridor, Parcel #15 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #15 Project: North Tryon Business Corridor, Parcel #15 Owner(s): MJM's Depot, LLC Property Address: 1610 North Tryon Street Total Parcel Area: 59,725 sq. ft. (1.371 acres) Property to be acquired by Easements: 1,627 sq. ft. (.037 ac.) in Sidewalk and Utility Easement, plus 1,172 sq. ft. (.027 ac.) in Temporary Construction Easement, plus 2,764 sq. ft. (.063 ac.) in Utility Easement Structures/Improvements to be impacted: Sign Landscaping to be impacted: Trees Zoned: I-2 Use: Industrial Tax Code: 083-011-19 Purchase Price: $37,150 Council District: 1 68. Property Transactions - North Tryon Business Corridor, Parcel #23 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #23 Project: North Tryon Business Corridor, Parcel #23 Owner(s): City North Business Center, LLC Property Address: 1801 North Tryon Street Total Parcel Area: 336,364 sq. ft. (7.722 acres) Property to be acquired by Fee: 1,009 sq. ft. (.023 ac.) in Fee Simple Property to be acquired by Easements: 171 sq. ft. (.004 ac.) in Storm Drainage Easement, plus 1,887 sq. ft. (.043 ac.) in Sidewalk and Utility Easement, plus 7,093 sq. ft. (.163 ac.) in Temporary Construction Easement, plus 217 sq. ft. (.005 ac.) in Bus Stop Easement Structures/Improvements to be impacted: Parking spaces and entrance sign Landscaping to be impacted: Trees and shrubs Zoned: I-2(CD) Use: Commercial Tax Code: 079-107-13 Purchase Price: $60,000 Council District: 1 City of Charlotte Page 61 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 69. Property Transactions - North Tryon Business Corridor, Parcel #36 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #36 Project: North Tryon Business Corridor, Parcel #36 Owner(s): Parker Davis Co., Inc. Property Address: 2310 North Tryon Street Total Parcel Area: 37,726 sq. ft. (.866 ac.) Property to be acquired by Easements: 312 sq. ft. (.007 ac.) in Sidewalk and Utility Easement, plus 2,237 sq. ft. (.051 ac.) in Temporary Construction Easement, plus 63 sq. ft. (.001 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs Zoned: I-2 Use: Commercial Tax Code: 083-011-08 Purchase Price: $14,000 Council District: 1 70. Property Transactions - North Tryon Business Corridor, Parcel #45 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #45 Project: North Tryon Business Corridor, Parcel #45 Owner(s): Family Support Services, Inc. Property Address: 2422 North Tryon Street Total Parcel Area: 27,111 sq. ft. (.622 ac.) Property to be acquired by Fee: 12 sq. ft. (ac.) in Fee Simple Property to be acquired by Easements: 269 sq. ft. (.006 ac.) in Sidewalk and Utility Easement, plus 928 sq. ft. (.021 ac.) in Temporary Construction Easement, plus 2,379 sq. ft. (.055 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-025-01 Purchase Price: $28,000 Council District: 1 City of Charlotte Page 62 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 71. Property Transactions - Harbor Drive 12" Water Main, Parcel #6 Action: Approve the following Condemnation: Harbor Drive 12" Water Main, Parcel #6 Project: Harbor Drive 12" Water Main, Parcel #6 Owner(s): Mell Franklin Summerville Property Address: 12131 Moores Chapel Road Total Parcel Area: 20,314 sq. ft. (.466 ac.) Property to be acquired by Easements: 1,190 sq. ft. (.027 ac.) in Waterline Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 053-132-09 Appraised Value: $900 Property Owner’s Concerns: The property owner wanted to see the impact of the easement and requested staking of the easement area. City’s Response to Property Owner’s Concerns: Staff staked the easement areas. Outstanding Concerns: The property owner did not respond once staking was completed. 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: N/A City of Charlotte Page 63 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 72. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #125 Action: Approve the following property condemnation: Lyon Court Storm Drainage Improvement project, Parcel #125 Project: Lyon Court Storm Drainage Improvement project, Parcel #125 Program: Flood Control Owner(s): Ralph R. McMillan and Sally H. McMillan Property Address: 2108 Randall Street Total Parcel Area: 10,675 sq. ft. (.245 ac.) Property to be acquired by Easements: 3,634 sq. ft. (.083 ac.) in Storm Drainage Easement, plus 1,443 sq. ft. (.033 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Fence Landscaping to be impacted: Trees and various plantings Use: Single-family Residential Tax Code: 095-072-01 Appraised Value: $23,027 Property Owner’s Counteroffer: $47,000 Property Owner’s Concerns: The property owner is concerned with the compensation amount and how the project may impact the future development of the property. City’s Response to Property Owner’s Concerns: Staff informed the property owner they could provide their own appraisal for review. Staff directed the property owners to the appropriate representatives from Zoning and Mecklenburg County Storm Water to provide them with current regulations for redevelopment. 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 64 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 73. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #126 Action: Approve the following property condemnation: Lyon Court Storm Drainage Improvement project, Parcel #126 Project: Lyon Court Storm Drainage Improvement project, Parcel #126 Program: Flood Control Owner(s): Carl B. Leonard Property Address: 1526 Landis Avenue Total Parcel Area: 11,326 sq. ft. (.260 ac.) Property to be acquired by Fee: 547 sq. ft. (.013 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 3,555 sq. ft. (.082 ac.) in Storm Drainage Easement, plus 2,433 sq. ft. (.056 ac.) in Temporary Construction Easement, plus 16 sq. ft. ( ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Use: Single-family Residential Tax Code: 095-072-02 Appraised Value: $23,506 Property Owner’s Counteroffer: $47,000 Property Owner’s Concerns: The property owner is concerned with the compensation amount and how the project may impact the future development of the property. City’s Response to Property Owner’s Concerns: Staff informed the property owner they could provide their own appraisal for review. Staff directed the property owners to the appropriate representatives from Zoning and Mecklenburg County Storm Water to provide him with current regulations for redevelopment. 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 65 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 74. Property Transactions - North Tryon Business Corridor, Parcel #14 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #14 Project: North Tryon Business Corridor, Parcel #14 Owner(s): 1514 North Tryon Street, LLC Property Address: 1514 North Tryon Street Total Parcel Area: 57,386 sq. ft. (1.317 acres) Property to be acquired by Easements: 2,402 sq. ft. (.055 ac.) in Sidewalk and Utility Easement, plus 2,829 sq. ft. (.065 ac.) in Temporary Construction Easement, plus 412 sq. ft. (.009 ac.) in Bus Stop Easement, plus 870 sq. ft. (.02 ac.) in Utility Easement Structures/Improvements to be impacted: Concrete slab and walkway Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 083-011-20 Appraised Value: $33,975 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 75. Property Transactions - North Tryon Business Corridor, Parcel #20 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #20 Project: North Tryon Business Corridor, Parcel #20 Owner(s): Richard Kevin Massey and Glenda C. Massey Property Address: 1713-1725 North Tryon Street Total Parcel Area: 62,493 sq. ft. (1.435 acres) Property to be acquired by Fee: 591 sq. ft. (.014 ac.) in Fee Simple Property to be acquired by Easements: 1,345 sq. ft. (.031 ac.) in Storm Drainage Easement, plus 2,652 sq. ft. (.061 ac.) in Sidewalk and Utility Easement, plus 2,021 sq. ft. (.046 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 079-106-07 Appraised Value: $63,375 Property Owner’s Counteroffer: $100,000 Property Owner’s Concerns: The property owner is concerned with the amount of compensation that is being offered and requested for the adjoining parcel, which is owned by the City to be granted to him. City’s Response to Property Owner’s Concerns: Staff informed the property owner that he would be required to follow the proper procedures in order to obtain ownership of the adjoining parcel, when it was available for disposal. 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 66 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 76. Property Transactions - North Tryon Business Corridor, Parcel #27 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #27 Project: North Tryon Business Corridor, Parcel #27 Owner(s): NTS Properties, LLC Property Address: 2019 North Tryon Street Total Parcel Area: 109,365 sq. ft. (2.511 acres) Property to be acquired by Fee: 6,137 sq. ft. (.141 ac.) in Fee Simple Property to be acquired by Easements: 2,487 sq. ft. (.057 ac.) in Storm Drainage Easement, plus 244 sq. ft. (.006 ac.) in Sidewalk and Utility Easement, plus 2,134 sq. ft. (.049 ac.) in Temporary Construction Easement, plus 2,795 sq. ft. (.064 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Commercial Tax Code: 079-109-06 Appraised Value: $117,500 Property Owner’s Concerns: The property owner is concerned with the amount of compensation being offered and requested an additional driveway to be constructed along Church Street. City’s Response to Property Owner’s Concerns: Staff worked with the property owners to draft an illustration of the potential driveway along Church Street, which the owner then declined. 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 77. Property Transactions - North Tryon Business Corridor, Parcel #35 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #35 Project: North Tryon Business Corridor, Parcel #35 Owner(s): Charels F. Helms and Delana R. Helms Property Address: 2220 North Tryon Street Total Parcel Area: 151,173 sq. ft. (3.470 acres) Property to be acquired by Easements: 1,012 sq. ft. (.023 ac.) in Sidewalk and Utility Easement, plus 9,321 sq. ft. (.214 ac.) in Temporary Construction Easement, plus 110 sq. ft. (.003 ac.) in Utility Easement Structures/Improvements to be impacted: Business Sign Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Commercial Tax Code: 083-011-10 Appraised Value: $37,125 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 City of Charlotte Page 67 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 78. Property Transactions - North Tryon Business Corridor, Parcel #38 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #38 Project: North Tryon Business Corridor, Parcel #38 Owner(s): Susan P. Adams Property Address: 2325 North Tryon Street Total Parcel Area: 39,321 sq. ft. (.903 ac.) Property to be acquired by Fee: 13 sq. ft. in Fee Simple Property to be acquired by Easements: 234 sq. ft. (.005 ac.) in Storm Drainage Easement, plus 407 sq. ft. (.009 ac.) in Sidewalk and Utility Easement, plus 2,414 sq. ft. (.055 ac.) in Temporary Construction Easement, plus 170 sq. ft. (.004 ac.) in Utility Easement Structures/Improvements to be impacted: Business sign and parking spaces Landscaping to be impacted: Trees and various plantings Zoned: I-2 Use: Commercial Tax Code: 079-087-02 Appraised Value: $12,525 Property Owner’s Counteroffer: $20,000 Property Owner’s Concerns: The property owner is concerned with the amount of compensation being offered. City’s Response to Property Owner’s Concerns: Staff suggested the property owner obtain an appraisal in order to justify their counteroffer. 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 68 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 79. Property Transactions - North Tryon Business Corridor, Parcel #40 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #40 Project: North Tryon Business Corridor, Parcel #40 Owner(s): Negus Properties LLC Property Address: 2401 North Tryon Street Total Parcel Area: 33,137 sq. ft. (.761 ac.) Property to be acquired by Fee: 13 sq. ft. in Fee Simple Property to be acquired by Easements: 63 sq. ft. (.001 ac.) in Storm Drainage Easement, plus 475 sq. ft. (.011 ac.) in Sidewalk and Utility Easement, plus 3,483 sq. ft. (.08 ac.) in Temporary Construction Easement, plus 3,228 sq. ft. (.074 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: I-2 Use: Commercial Tax Code: 079-087-03 Appraised Value: $96,575 Property Owner’s Concerns: The property owner is concerned about the amount of compensation being offered, the loss of parking and a driveway, the temporary removal of the security fence, and impacts to the business sign. In addition, the property owner requested construction of an additional driveway. City’s Response to Property Owner’s Concerns: Staff was able to re-design in order to allow the previously eliminated parking and driveway to remain. North Carolina Department of Transportation declined the request for the additional driveway due to the proximity to the intersection. Staff also explained that temporary secure fencing will be provided during construction and that the business sign will be protected. 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 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 80. Property Transactions - North Tryon Business Corridor, Parcel #44 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #44 Project: North Tryon Business Corridor, Parcel #44 Owner(s): James R. Guy, Jr. Property Address: 2417 North Tryon Street Total Parcel Area: 37,925 sq. ft. (.871 ac.) Property to be acquired by Fee: 21 sq. ft. in Fee Simple Property to be acquired by Easements: 488 sq. ft. (.011 ac.) in Storm Drainage Easement, plus 598 sq. ft. (.014 ac.) in Sidewalk and Utility Easement, plus 4,970 sq. ft. (.114 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Parking spaces Landscaping to be impacted: None Zoned: I-2 Use: Commercial Tax Code: 079-087-04 Appraised Value: $95,775 Property Owner’s Concerns: The property owner is concerned with the loss of parking spaces during construction and does not agree with the compensation amount. City’s Response to Property Owner’s Concerns: Staff explained that the loss of the parking spaces will be temporary during construction. 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 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 81. Property Transactions - North Tryon Business Corridor, Parcel #49 Action: Approve the following Condemnation: North Tryon Business Corridor, Parcel #49 Project: North Tryon Business Corridor, Parcel #49 Owner(s): Marwan Marzouk and Sahar Marzouk Property Address: 2528 North Tryon Street Total Parcel Area: 34,456 sq. ft. (.791 ac.) Property to be acquired by Easements: 1,688 sq. ft. (.039 ac.) in Storm Drainage Easement, plus 436 sq. ft. (.01 ac.) in Sidewalk and Utility Easement, plus 1,298 sq. ft. (.03 ac.) in Temporary Construction Easement, plus 107 sq. ft. (.002 ac.) in Bus Stop Easement, plus 3,114 sq. ft. (.071 ac.) in Utility Easement Structures/Improvements to be impacted: Fencing and parking spaces Landscaping to be impacted: Trees and various plantings Zoned: I-1 Use: Commercial Tax Code: 083-023-02 Appraised Value: $15,350 Property Owner’s Concerns: The property owner is concerned with the relocation and storage of his vehicles during construction and does not agree with the compensation amount being offered. City’s Response to Property Owner’s Concerns: Staff is working with the property owner to relocate the vehicles. 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 71 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 82. Property Transactions - Sunset Road Sidewalk, Parcels #18 and 19 Action: Approve the following Condemnation: Sunset Road Sidewalk, Parcels #18 and 19 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: Sunset Road Sidewalk, Parcels #18 and #19 Owner(s): USF Holland, Inc. Property Address: 5201 Sunset Road Total Parcel Area: 879,261 sq. ft. (20.185 acres) Property to be acquired by Easements: 827 sq. ft. (.019 ac.) in Sidewalk and Utility Easement, plus 4,298 sq. ft. (.099 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 037-192-28, 037-192-02 Appraised Value: $1,700 Outstanding Concerns: The property owner has become unresponsive. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available, and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 72 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 REFERENCES 83. 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 73 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 84. 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 74 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 75 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 85. 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 76 Printed on 3/11/2016 City Council Business Meeting Meeting Agenda March 14, 2016 Adjournment City of Charlotte Page 77 Printed on 3/11/2016