City Council Business Meeting
Regular MeetingCharlotte, NC · September 25, 2017
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Meeting Minutes
Monday, September 25, 2017
5:00 PM
Council Chambers
City Council Business Meeting
Mayor Jennifer W. Roberts
Mayor Pro Tem Vi Lyles
Council Member Dimple Ajmera
Council Member Ed Driggs
Council Member Julie Eiselt
Council Member Claire Fallon
Council Member Carlenia Ivory
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 Minutes September 25, 2017
DINNER BRIEFING
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina convened for a Dinner
Briefing on Monday, September 25, 2017 at 5:20 p.m. in Room 267 of the
Charlotte-Mecklenburg Government Center with Mayor Jennifer Roberts
presiding.
ROLL CALL
Present: 9- Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed
Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council
Member Carlenia Ivory, Council Member Patsy Kinsey, Council Member Vi Lyles,
and Council Member Kenny Smith
Absent: 2- Council Member James Mitchell, and Council Member Greg Phipps
AUN: 1- Council Member LaWana Mayfield
1. 15-6328 Closed Session
There was no Closed Session.
2. 15-6329 Agenda Overview
There was no Agenda Overview.
3. 15-6330 Mayor and Council Consent Item Questions
Mayor and Council may ask questions about Consent agenda items. Staff will
address questions at the end of the dinner meeting.
4. 15-6255 2017 Fall Federal Legislative Update
The City’s federal lobbying team from Holland & Knight briefed the Mayor and
City Council on the status of the City’s 2017-2018 Federal Legislative Agenda that
includes the Airport Control Tower, 2030 Transit Plan, North End Smart District,
Doppler Weather Radar, and Municipal Bonds. Holland & Knight also addressed
other issues that remain for the US Congress to consider in 2017.
Council member Mayfield arrived at 5:56 p.m.
ROLL CALL
Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed
Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council
Member Carlenia Ivory, Council Member Patsy Kinsey, Council Member Vi Lyles,
Council Member LaWana Mayfield, and Council Member Kenny Smith
Absent: 2- Council Member James Mitchell, and Council Member Greg Phipps
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5. 15-6481 Tree Canopy Update
City and TreesCharlotte staff provided a briefing on the following topics as they
pertain to the Urban Forest Master Plan (UFMP): current planting and
maintenance efforts; UFMP recommended tasks currently underway; UFMP
recommended tasks planned for the next year; and, TreesCharlotte FY 2017
successes and plans for FY2018.
6. 15-6367 Airport Capital Development Status Update
The Aviation Department Executive Team provided City Council with a briefing
on the Capital Development Program implementation with a focus on the
Terminal Modernization Program. The briefing included information on the
following: updates on implementation of customer amenities, and design and
construction projects in and around the Terminal.
7. 15-6331 Answers to Mayor and Council Consent Item
Questions
Answers to Consent item questions were provided during the Business meeting.
RECESS
The meeting recessed at 6:54 p.m. to move to the Meeting Chamber for the
regularly scheduled Public Forum and Business Meeting.
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina reconvened for a Public
Forum and Business Meeting on Monday, September 25, 2017 at 7:06 p.m. in the
Meeting Chamber of the Charlotte-Mecklenburg Government Center with Mayor
Jennifer Roberts presiding.
ROLL CALL
Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed
Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council
Member Carlenia Ivory, Council Member Patsy Kinsey, Council Member Vi Lyles,
Council Member LaWana Mayfield, and Council Member Kenny Smith
Absent: 2- Council Member James Mitchell, and Council Member Greg Phipps
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PUBLIC FORUM
8. 15-6338 Public Forum
The following speakers addressed City Council:
1. Brenda King - Issues with CMPD
2. Justin Moore - Gentrification in NODA
3. Shawn Greeson - Indigenous People's Day/ Issues in the Minority Community
4. Keith Jefferson - Growing Sink Hole on Property
5. Righteous Keitt - Charlotte-Mecklenburg Youth Council
6. Dan Wu - Various Concerns with City Government
7. Robert Wilson - Tiny Houses
8. Leila Forbes - Patients Experience at A Preferred Women's Health Center
9. Calla Hales - Public Safety on Latrobe Drive
10. Heather Mobley - Parking on Labtrobe Drive
BUSINESS MEETING
INTRODUCTIONS
INVOCATION
Bob Hagemann, City Attorney, provided recommendations to Council regarding
the Invocation.
Council member Smith led the Invocation.
PLEDGE OF ALLEGIANCE
Cub Scout Troop #11, Providence United Methodist Church, led the Pledge of
Allegiance to the Flag.
CONSENT
9. 15-6332 Consent agenda items 27 through 48 may be
considered in one motion except for those items
removed by a Council member. Items are removed
by notifying the City Clerk.
.
Approval of the Consent Agenda
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve the Consent Agenda as presented with the exception
of Item No. 28 which was pulled for questions. The motion carried unanimously.
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ZONING
10. 15-6341 Rezoning Petition 2017-070
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Fallon and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
PUBLIC HEARING
11. 15-6388 NN, Inc. Business Investment Grant
There being no speakers, either for or against, a motion was made by Council
Member Lyles and seconded by Council Member Driggs to Close the Public
Hearing. The motion carried unanimously.
A motion was made by Council Member Lyles and seconded by Council Member
Driggs to Approve this Public Hearing Item. The motion carried unanimously.
POLICY
12. 15-6333 City Manager’s Report
Marcus Jones, City Manager, had no report.
13. 15-6258 Emergency Solutions Grant Funding
Recommendations
A motion was made by Council Member Mayfield and seconded by Council
Member Driggs to Approve this Policy Item. The motion carried unanimously.
14. 15-6318 FY 2018 Housing Funding Support Requests
The following speaker(s) address City Council regarding this item:
Angie Forde
A motion was made by Council Member Mayfield and seconded by Council
Member Fallon to Approve this Policy Item. The motion carried unanimously.
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Several isses were referred to the Housing and Neighborhood Development
Committee for review. Mayor Roberts referred three issues recommended by the
Homeless Action Network, including: rent subsidies for the 5 developments so
that 25% of units will serve 30% AMI or less which would be a 15% ask from the
City, an estimated $500,000 per year with a 10 year commitment; requiring
developments to have 25% affordable housing for those at 30% AMI and
increasing the housing trust fund from $15 million. In addition, Council member
Eiselt referred the issue of entire apartment complexes facing evictions with 30
day notice with no fault of their own. Finally, Council member Lyles referred
collaborating with the Housing Authority about the impact of federal policy
changes on rent where there are fixed amounts of vouchers and the impact to
local government resources.
15. 15-5955 Urban Forest Master Plan
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Approve this Policy Item. The motion carried unanimously.
16. 15-6264 CAMP North End Infrastructure Reimbursement
A motion was made by Council Member Eiselt and seconded by Council Member
Ivory to Approve this Business Item. The motion carried unanimously.
17. 15-6272 River District Infrastructure Reimbursement
A motion was made by Council Member Eiselt and seconded by Council Member
Mayfield to Approve this Business Item. The motion carried unanimously.
BUSINESS
18. 15-6260 Charlotte Convention Center Phase I Improvement
Project
A motion was made by Council Member Kinsey and seconded by Council
Member Fallon to Approve this Business Item. The motion carried unanimously.
19. 15-5722 North Tryon Street Business Corridor Project
A motion was made by Council Member Kinsey and seconded by Council
Member Fallon to Approve this Business Item. The motion carried unanimously.
20. 15-6269 Arrowood Road and Nations Ford Road Intersection
Improvements
A motion was made by Council Member Driggs and seconded by Council
Member Fallon to Approve this Business Item. The motion carried unanimously.
APPOINTMENTS TO BOARDS & COMMISSIONS
21. 15-6290 Appointment to the Charlotte Community Capital
Loan Fund
One appointment for a term beginning October 2, 2017, and ending September
30, 2020. Corey Busker was appointed.
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22. 15-6291 Appointments to the Domestic Violence Advisory
Board
One appointment for a three-year term beginning September 23, 2017, and
ending September 22, 2020 and one appointment for a partial term beginning
immediately and ending September 21, 2018. These appointments will be
brought back to the next business meeting for reconsideration.
23. 15-6292 Appointment to the Housing Appeals Board
One appointment in the At-Large category for a partial term beginning
immediately and ending December 31, 2018. This appointment will be brought
back to the next business meeting for reconsideration.
24. 15-6293 Appointments to Keep Charlotte Beautiful
One appointment for a partial term beginning immediately and ending June 30,
2018 and two appointments for a partial term beginning immediately and ending
June 30, 2019. Jeff Beaver and Sue DuChanois were appointed. The remaining
appointment will be brought back to the next business meeting for
reconsideration.
25. 15-6294 Appointments to the Zoning Board of Adjustment
One appointment for a partial term beginning immediately and ending January
31, 2019 and one appointment for a partial term beginning immediately and
ending June 30, 2020. These appointments will be brought back to the next
business meeting for reconsideration.
26. 15-6334 Mayor and City Council Topics
The City Council members may share information and raise topics for discussion.
CONSENT
27. 15-6542 Charlotte-Mecklenburg Police Foundation Donation
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
28. 15-6239 Tasers and Related Products Contract
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs to Approve this Consent Item. The motion carried unanimously.
29. 15-6082 Fire Radiological Decontamination Apparatus
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
30. 15-6465 2016 Assistance to Firefighters Grant
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Business Item.The motion carried unanimously.
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31. 15-6266 Lakeview-Reames Intersection Improvements
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
32. 15-6197 Private Developer Funds for Traffic Signal
Improvements
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
33. 15-6224 Cross Charlotte Trail Planning Services
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
34. 15-6263 Johnston Oehler Road Farm to Market Landscaping
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
35. 15-6154 Storm Water Repair and Improvements Fiscal Year
2018-A
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
36. 15-5944 Charlotte Water Rate Model Financial Consulting
Services
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
37. 15-6078 Charlotte Water Metering Equipment
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
38. 15-6119 Franklin Water Treatment Plant Rehabilitation
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
39. 15-6196 UNC Charlotte Reclaimed Water Project Partnership
Agreement and Design Services Contract
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
40. 15-6198 Charlotte Water Digital Message Board System
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
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41. 15-6217 Airport Bus Contract Extension
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
42. 15-5943 Airport Concourse Seating Replacement
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
43. 15-6268 Airport Terminal Traffic Control Services
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
44. 15-6270 Airport Landside Operation Plan
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
45. 15-6317 Refund of Property Taxes
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
46. 15-6230 Meeting Minutes
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
PROPERTY TRANSACTIONS
47. 15-6166 Transfer of City-owned Property at 829 Belmont
Avenue
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
48. 15-5988 Sale of City-owned Property on South Mint Street
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Consent Item.The motion carried unanimously.
ADJOURNMENT
The meeting adjourned at 9:16 p.m.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Meeting Agenda
Monday, September 25, 2017
Council Chambers
City Council Business Meeting
Mayor Jennifer W. Roberts
Mayor Pro Tem Vi Lyles
Council Member Dimple Ajmera
Council Member Ed Driggs
Council Member Julie Eiselt
Council Member Claire Fallon
Council Member Carlenia Ivory
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 September 25, 2017
5:00 P.M. DINNER BRIEFING,
CHARLOTTE-MECKLENBURG GOVERNMENT CENTER,
ROOM 267
1. Closed Session
2. Agenda Overview
Staff Resource(s):
Marcus Jones, City Manager
3. Mayor and Council Consent Item Questions
Staff Resource(s):
Debra Campbell, 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.
4. 2017 Fall Federal Legislative Update
Staff Resource(s):
Randy Harrington, Management and Financial Services
Dana Fenton, City Manager’s Office
Rich Gold, Holland & Knight
Time: 20 minutes
Explanation
§ The City’s federal lobbying team from Holland & Knight will brief Mayor and City Council on the
status of the City’s 2017-2018 Federal Legislative Agenda that includes the following:
- Airport Control Tower,
- 2030 Transit Plan,
- North End Smart District,
- Doppler Weather Radar, and
- Municipal Bonds.
§ Holland & Knight will also address other issues that remain for the US Congress to consider in 2017.
Future Action
The presentation is for informational purposes only.
Federal Legislative Update
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5. Tree Canopy Update
Committee Chair:
Patsy Kinsey, Environment
Staff Resource(s):
Mike Davis, Engineering and Property Management
Erin Oliverio, Engineering and Property Management
Chuck Cole, TreesCharlotte
Time: 20 minutes
Explanation
§ City and TreesCharlotte staff will provide a briefing on the following topics as they pertain to the
Urban Forest Master Plan (UFMP).
- Current planting and maintenance efforts;
- UFMP recommended tasks currently underway;
- UFMP recommended tasks planned for the next year, and
- TreesCharlotte FY 2017 successes and plans for FY 2018.
Future Action
The City Council will be asked to consider adoption of the completed UFMP during City Council’s regular
business meeting on September 25, 2017.
Final_UFMP_Presentation v.2
UFMP_FNL_WEB
6. Airport Capital Development Status Update
Staff Resource(s):
Brent Cagle, Aviation
Jack Christine, Aviation
Haley Gentry, Aviation
Michael Hill, Aviation
Time: 20 minutes
Explanation
§ The Aviation Department Executive Team will provide City Council with a briefing on the Capital
Development Program implementation with a focus on the Terminal Modernization Program.
§ The briefing will include information on the following:
- Updates on implementation of customer amenities, and
- Design and construction projects in and around the Terminal.
Future Action
The presentation is for information only.
Airport Capital Development Status Update_9.25.2017
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7. Answers to Mayor and Council Consent Item Questions
Staff Resource(s):
Debra Campbell, City Manager’s Office
Time: 10 minutes
Synopsis
Staff responses to questions from the beginning of the dinner meeting.
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6:30 P.M. PUBLIC FORUM, CHARLOTTE-MECKLENBURG
GOVERNMENT CENTER, CHAMBER
8. Public Forum
7:00 P.M. BUSINESS MEETING,
CHARLOTTE-MECKLENBURG GOVERNMENT CENTER,
CHAMBER
Call to Order
Roll Call
Introductions
Invocation
Pledge of Allegiance
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9. Consent agenda items 27 through 48 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.
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ZONING
10. Rezoning Petition 2017-070
Action:
Render a decision on petition 2017-070 by Saussy Burbank, LLC
- From R-4 (single family residential)
- To UR-2(CD) urban residential, conditional)
Staff Resource(s):
Ed McKinney, Planning
Laura Harmon, Planning
Explanation
§ The public hearing on this rezoning petition was held on September 18, 2017.
§ The City Council expedited the decision on this petition on July 17, 2017 from October 16 to
September 25, as requested by the petitioner.
§ The property is approximately 2.22 acres located on west side of Park Road between Wyndcrofte
Place and Hillside Drive. (Council District 1 - Kinsey)
§ The petition proposes to allow the redevelopment of an existing single family home site with up to
19 single family attached dwelling units at 8.6 dwelling units per acre near the Ashbrook
Neighborhood.
§ The Zoning Committee found the petition to be consistent with the Park Woodlawn Area Plan
recommendation, based on information from the staff analysis and the public hearing.
§ The Zoning Committee voted 7-0 to recommend APPROVAL of this petition.
§ Staff agrees with the recommendation of the Zoning Committee.
Attachment(s)
Zoning Committee Statement of Consistency
Zoning Committee Recommendation
Staff Analysis
Vicinity Map
Locator Map
Site Plan
2017-70 Statement of Consistency.pdf
2017-070_Reco_09-18-2017 ver 2.pdf
2017-070_staff_09-18-2017LH_km8-30_SAF_09-07-2017_09-08-2017SA FINAL.pdf
2017-070 vicinity map
2017-070 rezoning map
2017-70 REvised Site Plan_9.19.17.pdf
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PUBLIC HEARING
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11. NN, Inc. Business Investment Grant
Action:
A. Conduct a public hearing regarding approval of a Business Investment Grant to NN, Inc. and
B. Approve the City’s share of a Business Investment Grant to NN, Inc. for a total estimated
amount of $106,571 over five years.
Staff Resource(s):
Patrick Mumford, Economic Development
Kevin Dick, Economic Development
Explanation
§ On September 12, 2017, NN, Inc. (NN) announced its selection of Charlotte for a capital investment
of $10.5 million to relocate and establish a corporate headquarters in Charlotte.
§ Staff is requesting City Council approve a Business Investment Grant estimated up to $106,571 over
five years. Mecklenburg County’s share is estimated at $181,595.
- On July 24, 2017, the City Council, in Closed Session, indicated its intent to approve a
Business Investment Grant to NN.
- On August 2, 2017, the Mecklenburg County Board of Commissioners, in Closed Session,
indicated its intent to approve a Business Investment Grant to NN and will hold a public
hearing on October 3, 2017.
- The total City/County combined grant is estimated to be $288,166 over five years.
- The State of North Carolina also approved a Job Development Investment Grant in the
amount of $3,688,000 and up to $360,000 in community college training funds.
§ In addition to the $10.5 million capital investment, NN committed to:
- 200 jobs, with 175 to be hired locally, over five years ($130,000 average wage)
§ Additional benefits also include:
- Workforce development partnerships and relationship with company can be utilized to
connect talent to available positions
- The project’s alignment with:
§ City Values and Winning Cities Characteristics
§ Letter to the Community (Good Paying Jobs)
§ Equitable Economic Development and Economic Opportunity
· Diversity of jobs on proposed project
· Job retention through corporate expansion
· Growth industry with significant job and contracting opportunities
Background
§ Headquartered in Johnson City, Tennessee, NN was founded in 1980 and is publicly traded on
NASDAQ. The company is a leading manufacturer of high precision metal and plastic components for
medical, aerospace, automotive and industrial end markets. The company operates 40
manufacturing plants in North America and globally.
- The company plans to consolidate corporate operations into a new headquarters by
relocating leadership and organizing three business segments into one centralized location.
- NN is proposing to lease 50,000 square feet of office space at the new Waverly multi-use
development located south of I-485 at the intersection of Providence Road and Ardrey Kell
Road. The location is outside of the City’s Business Investment Zone and the County’s
Opportunity Area.
Business Investment Grant
§ Request meets the City Council approved criteria for a five-year, 50 percent headquarters grant.
§ The general terms and conditions of this grant include:
- The company will be asked to coordinate job fairs and recruitment events for both temporary
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and permanent jobs with the City and County. Community organizations and residents will
receive ample notice of these employment activities in addition to training opportunities with
City job training and placement partnerships.
- Actual grant payments are based on the value of the investment as appraised by the
Mecklenburg County Tax Office.
- Property taxes due from NN must be paid before a grant payment is made.
- If NN removes the investment from Charlotte during the grant term, it shall pay back 100
percent of the investment grant paid to date.
- If NN moves the investment from Charlotte within five years of the end of the Business
Investment Program (BIP) grant term, a portion of the grant must be repaid as follows:
§ Within One Year of the end of the BIP Term - 90 percent of grant payments
§ Within Two Years of the end of the BIP Term - 75 percent of grant payments
§ Within Three Years of the end of the BIP Term - 60 percent of grant payments
§ Within Four Years of the end of the BIP Term - 45 percent of grant payments
§ Within Five Years of the end of the BIP Term - 30 percent of grant payments
Fiscal Note
Funding: Business Investment Grant
POLICY
12. City Manager’s Report
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13. Emergency Solutions Grant Funding Recommendations
Action:
Approve the Housing and Neighborhood Development Committee’s recommendation of
Emergency Solutions Grant Fund allocations totaling $690,768 to the following agencies:
- Supportive Housing Communities, $118,594
- Salvation Army, $309,012
- Men’s Shelter of Charlotte, $263,162
Committee Chair:
LaWana Mayfield, Housing and Neighborhood Development
Staff Resource(s):
Pamela Wideman, Housing and Neighborhood Services
Warren Wooten, Housing and Neighborhood Services
Explanation
§ The approval of the Emergency Solutions Grant (ESG) Fund allocations for temporary shelter to
support the City’s efforts to end and prevent homelessness.
§ On any given night, more than 700 individuals are sleeping in men’s and women’s homeless shelters.
§ On May 8, 2017, City Council adopted the U.S. Department of Housing and Urban Development’s
(HUD) Annual Action Plan (Plan). The Plan:
- Identifies the need for affordable, safe, and decent housing and shelter for low-income and
moderate-income families,
- Governs the use of funding for federal housing programs and identifies City housing goals,
and
- Outlines a goal of supporting facilities and programs for the homeless with the ESG funds.
§ The ESG program contains five components: Street Outreach, Emergency Shelter, Homeless
Prevention, Rapid Re-Housing, and the Homeless Management Information System.
§ ESG funds are allocated annually by HUD and must be used to:
- Engage homeless individuals and families living on the streets,
- Improve the quality and operation of emergency shelters,
- Provide essential services to shelter residents,
- Rapidly re-house homeless individuals and families, and
- Prevent families and individuals from becoming homeless.
Housing and Neighborhood Development Committee Discussion
§ On August 23 2017, Housing and Neighborhood Services presented the proposed recommendations
to the Housing and Neighborhood Development Committee. The Committee voted unanimously to
approve the ESG fund allocations. (Mayfield, Driggs, Ivory and Kinsey voted yes. Ajmera was
absent.)
Fiscal Note
Funding: HUD Funds
Attachment(s)
Housing and Neighborhood Development Committee August 23 Committee Presentation
ESG Funding Rec_H&ND 8-23-17 Cmte Pres_9-25-17
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14. FY 2018 Housing Funding Support Requests
Action:
A. Approve a waiver of the Housing Locational Policy for two multi-family housing
developments:
- Vibrant Ashley Park Apartments located at the block of 2200 Ashley Road
- Movement on Freedom located at 2615 Freedom Drive
B. Approve the Housing and Neighborhood Development Committee’s recommendation of
Housing Trust Fund allocations for the following multi-family developments for a total of
$20,810,000 to:
- Grier Heights Seniors, $3,450,000
- Movement on Freedom, $4,500,000
- Old Concord at the Blue Line, $5,100,000
- Vibrant Ashley Park, $2,160,000
- West Tyvola, $5,600,000
Committee Chair:
LaWana Mayfield, Housing and Neighborhood Development
Staff Resource(s):
Pamela Wideman, Housing and Neighborhood Services
Zelleka Biermann, Housing and Neighborhood Services
Explanation
§ On October 3, 2016, City Council issued a Community Letter stating a goal of creating 5,000
affordable and workforce housing units within three years. City Council has accomplished 44
percent of this goal. Approval of this funding accelerates and supports the Council’s commitment to
expand the supply of affordable and workforce housing goals with the addition of 769 units.
§ The awarding of Housing Trust Fund (HTF) allocations demonstrates local alignment with state
supported developments and allows for the leveraging of local dollars with state and federal dollars
in order to receive tax credit awards.
§ On May 8, 2017, City Council adopted the U.S. Department of Housing and Urban Development’s
Annual Action Plan (Plan). The Plan:
- Identifies the need for affordable, safe, and decent housing for low and moderate-income
families
- Reaffirms three basic goals of the City’s Housing Policy:
§ Preserve the existing housing stock,
§ Expand the supply of affordable housing, and
§ Support family self-sufficiency initiatives.
City Council Discussion
§ Housing & Neighborhood Services (HNS) staff presented a briefing of the FY 2018 Housing Funding
Support Requests recommendations to City Council on August 28, 2017.
Action A: Waiver of the Housing Locational Policy
§ The Housing Locational Policy was established in the early 1990s to deconcentrate extremely
low-income housing. The latest revision to the policy was approved in 2011. Since that time the
City’s neighborhoods have grown and changed, resulting in the need for an increased supply of
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affordable housing in areas that currently require a waiver.
Action B: Approval of HTF Allocations
§ On November 26, 2001, City Council established the HTF to provide financing for affordable housing
in the Charlotte community.
§ To accelerate production of affordable and workforce housing units, HNS staff issued a second
round of Requests for Proposal (RFP) in July 2017.
§ As a result of this RFP, five requests were received. These developments would put the City at 60
percent toward its goal of 5,000 units.
§ All of the developments meet the submission requirements and are recommended for funding based
on zoning and planning guidelines. However, two of the developments require approval of a waiver
of the Housing Locational Policy.
Committee Discussion
§ On August 23, 2017, the proposed FY 2018 Housing Funding Support Requests were presented to
the Housing and Neighborhood Development Committee. The Committee voted unanimously to
approve allocations for all five developments and the proposed waiver requests (Mayfield, Driggs,
Ivory and Kinsey voted yes; Ajmera was absent.).
Charlotte Business INClusion
§ All HTF funded projects and their developers are subject to Minority, Women and Small Business
Enterprise goals determined by the amount of award being financed.
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
August 28 Dinner Briefing to the City Council
FY18 Housing Funding Support Reqs_9-25-17
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City Council Business Meeting Meeting Agenda September 25, 2017
15. Urban Forest Master Plan
Action:
Approve the Environment Committee recommendation to adopt the Urban Forest Master Plan.
Committee Chair:
Patsy Kinsey, Environment Committee
Staff Resource(s):
Mike Davis, Engineering and Property Management
Erin Oliverio, Engineering and Property Management
Tim Porter, Engineering and Property Management
Current Policy
§ On June 27, 2011, City Council adopted a “50 percent by 2050” policy to increase tree coverage
across the city.
§ City Council’s Environment Focus Area Plan includes the objective to maintain and protect the City’s
urban forest.
Proposed Plan
§ In 2016, the City of Charlotte and TreesCharlotte worked to identify the greatest challenges facing
Charlotte's urban forest and how to reach the City's 50 percent tree canopy goal.
§ On April 11, 2016 City Council received a dinner briefing presentation on the Urban Forest Master
Plan (UFMP) expected timeline, contracting with a consultant, and details on involving citizens in
the planning process.
§ The UFMP development involved more than 40 organizations, nearly 3,000 citizens, urban forestry
expertise, and national perspective provided by Davey Resource Group.
§ The UFMP will serve as guidance for the engagement and action of community leaders, government,
residents, and organizations in growing and sustaining our urban forest.
§ City staff will follow the UFMP’s 10-year achievement timeline with tasks prioritized to work with the
community towards the 50 percent tree canopy goal.
§ With more than 80 percent of Charlotte’s canopy on private property, staff is working closely with
residents and stakeholders to form a community canopy team, have a canopy coverage assessment
completed, and increase community engagement.
§ The UFMP and community involvement will inform policy and budget discussions for 2019 and
beyond.
Committee Discussion
§ Environment Committee received presentations on the UFMP on March 14 and December 5, 2016,
and April 3, 2017.
§ On June 5, 2017, the Environment Committee voted unanimously (Kinsey, Ajmera, Fallon, Austin;
Mitchell was not present) to recommend the adoption of the UFMP.
Attachment(s)
Urban Forest Master Plan Executive Summary
UFMP Executive Summary
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City Council Business Meeting Meeting Agenda September 25, 2017
16. CAMP North End Infrastructure Reimbursement
Action:
Authorize the City Manager to negotiate and execute an Infrastructure Reimbursement Agreement
in an amount not to exceed $15 million for public infrastructure improvements, consistent with the
terms set forth below, which will be reimbursed through the 2016 Community Investment Plan.
Committee Chair:
James Mitchell, Economic Development
Staff Resource(s):
Patrick Mumford, Economic Development
Todd DeLong, Economic Development
Mike Davis, Engineering and Property Management
Jim Keenan, Engineering and Property Management
Explanation
§ Identified in the Center City 2020 Vision Plan and targeted for economic growth, the Applied
Innovation Corridor (AIC) begins in South End, extending through Uptown and North End and
ultimately linking to UNC Charlotte’s main campus.
§ The AIC is an area identified within the Community Investment Plan (CIP) to fulfill the emphasis on
investing in corridors and promoting job growth through infrastructure investment.
§ Total funding of $28.9 million for the AIC was included in the $816.4 million CIP approved by City
Council on June 10, 2013.
- $12.5 million and $2.7 million of the total $28.9 million were approved by voters as part of
the November 2014 and November 2016 Bond Referendums.
- The remaining $13.7 million in project funding is scheduled for the 2018 Bond Referendum.
§ ATCO purchased the approximate 75-acre site now known as CAMP North End, which is located in
the AIC and includes 1.2 million square-feet of vacant industrial buildings.
§ On September 18, 2017, City Council approved the rezoning of the site, which could include up to
760,000 square-feet of office space, 65,000 square-feet of retail space and 600 residential units
over the next 10 years. Of the 600 residential units, 42 will be reserved for households earning less
than 80 percent of the area median income.
§ The total estimated private investment over the next 10 years equals approximately $350 million,
generating approximately $1.7 million in annual City property tax revenue.
Infrastructure Reimbursement Agreement
- ATCO has requested the City partner with them on a series of public infrastructure
improvements.
- These improvements focus on key road corridors at the perimeter of the redevelopment site
and will provide greater connectivity and accessibility for the site and surrounding
neighborhoods. More specifically, the public improvements to be reimbursed under the terms
of the agreement include:
§ Streetscape improvements to Graham Street, Statesville Avenue and Woodward
Avenue
§ Extension of Sylvania Avenue to establish an east-west connection between
Statesville Avenue and Graham Street
- Under the terms of the agreement, the developer would build the public improvements and
be reimbursed upon completion of specific milestones through the CIP. The reimbursement
to the developer will be funded through the 2016 CIP and would not exceed $15 million.
- The developer has agreed to work with the City to incorporate a Minority, Women and Small
Business Enterprise (MWSBE) Plan approved by the City’s Business INClusion Program, to
include:
§ A minimum of 10 percent MWSBE utilization for all public infrastructure improvements
under the reimbursement agreement
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§ Working with contractors to attain similar levels of MWSBE participation for private
infrastructure improvements, subject to availability
- The developer will work with the City to develop a Workforce Development Plan to broaden
economic opportunities for residents.
§ The developer will require general contractors performing infrastructure work to
participate in Project P.I.E.C.E (Partnership for Inclusive Employment and Career
Excellence) hiring, subject to availability, and continue on-going dialogue with nearby
business and resident leaders to stimulate opportunities to expand economic mobility.
This would include but not be limited to participation in the program’s outreach
sessions in the adjacent communities.
§ This public-private partnership opportunity was presented to the Economic Development Committee
on June 7, 2017 and August 17, 2017.
§ The CAMP North End redevelopment and proposed public-private partnership was presented during
the City Council Dinner Briefing on September 11, 2017.
Council Committee Discussion
§ On August 17, 2017, the Economic Development Committee voted (Mitchell, Ivory, Mayfield and
Ajmera voted yes; Eiselt was absent) to recommend to the City Council approval of the
Infrastructure Reimbursement Agreement in an amount not to exceed $15 million for public
infrastructure improvements.
Charlotte Business INClusion
Prior to the City Manager executing the Infrastructure Reimbursement Agreement, the CBI office will negotiate
subcontracting goals on all work tied to this agreement (Part G, Section 2.7 of the Charlotte Business
INClusion Policy).
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
September 11 City Council Dinner Briefing Presentation
Dinner Briefing_9-11-17_Camp North End_Draft 2.0
City of Charlotte Page 16 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
17. River District Infrastructure Reimbursement
Action:
Approve the Economic Development Committee recommendation to:
A. Authorize the City Manager to negotiate and execute an Infrastructure Reimbursement
Agreement in an amount not to exceed $15 million for public infrastructure improvements,
consistent with the terms set forth below, which will be reimbursed through 45 percent of
incremental City property taxes from a designated area over 10 years, or until fully
reimbursed, whichever occurs first, and
B. Authorize the City Manager to negotiate and execute an Infrastructure Reimbursement
Agreement in an amount not to exceed $16.2 million for public infrastructure
improvements, consistent with the terms set forth below, which will be reimbursed through
the 2016 Community Investment Plan, and
C. Authorize the City Manager to negotiate an Agreement for Water Line construction in an
amount not to exceed $1 million, which will be reimbursed through the Charlotte Water
Community Investment Plan.
Committee Chair:
James Mitchell, Economic Development
Staff Resource(s):
Patrick Mumford, Economic Development
Mike Davis, Engineering and Property Management
Barry Gullet, Charlotte Water
Explanation
§ The 1,380-acre River District development represents attainment of the City’s planning efforts as
outlined in the Dixie-Berryhill Plan, the Community Investment Plan (CIP) and Charlotte Douglas
International Airport’s planning initiative to increase economic development and placemaking
opportunities.
§ River District rezoning, approved by City Council in November 2016, provides for development of a
unique master planned community for office, retail, hotel, and a variety of residential uses, with
strong pedestrian and environmental commitments.
§ Phase One of the proposed development could include up to one million square-feet of office,
75,000 square-feet of retail, 150 hotel rooms, and 815 residential units (of which 85 would be
available to households earning less than 80 percent of the area median income).
§ Crescent Communities and Lincoln Harris (developer) have requested the City partner with them on
a series of public infrastructure improvements.
§ The partnership as defined in the term sheet will achieve the following goals:
- facilitate economic development and implement the land use recommendations from the
Dixie-Berryhill Strategic Plan
- create infrastructure to support development and leverage existing investment, and
- catalyze and partner with private development willing to voluntarily annex land into the city
Infrastructure Reimbursement Agreement - Tax Increment Grant
§ The developer has requested reimbursement of $15 million for public infrastructure improvements.
§ Per Council policy, the development qualifies for a 10-year, 45 percent tax increment grant (TIG).
§ The public improvements to be reimbursed under the terms of the Agreement include:
- Widening of existing Dixie River Road and Garrison Road and incorporation of streetscape
improvements to allow for enhanced mobility for pedestrians and bicyclists.
- Extension of West Boulevard west of Dixie River Road and provision of enhancements for
pedestrian and bicycle connection.
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§ Under the terms of the agreement, the developer would build the public improvements and will be
reimbursed through 45 percent of the incremental City property taxes from a designated area over
10 years.
§ Other terms of the agreement include:
- $15 million in reimbursed infrastructure cost with an interest cost of carry equivalent to the
City’s cost of funds.
- The development team must request the first grant payment within four years after the
completion of the public infrastructure improvements.
- The TIG term ends at 10 years, or when the grant payments equal a present value equal to
$15 million, whichever occurs first.
- Voluntary annexation is required prior to reimbursement.
- The development team has engaged general contractors and technical assistance to
strengthen Minority, Women, and Small Business Enterprise (MWSBE) utilization for public and
private infrastructure improvements.
- The developer has agreed to work with the City to incorporate an MWSBE Plan approved by
the City’s Business INClusion Program, to include:
· A minimum of 10 percent MWSBE utilization for all public infrastructure improvements
under the reimbursement agreement.
- The development team will work with the City to create an MWSBE Action Plan to establish
utilization goals for private infrastructure improvements, once the scope of private
improvements has been determined and corresponding availability of contractors has been
established.
- The development team will work with the City to develop a Workforce Development Plan to
broaden economic opportunities for all, which will include participation in Project P.I.E.C.E.
(Partnership for Inclusive Employment and Career Excellence).
Infrastructure Reimbursement Agreement - Community Investment Plan
§ Total funding of $44.7 million for the Airport/West Corridor area was included in the $816.4 million
CIP approved by City Council on June 10, 2013.
§ $16.2 million of the $44.7 million was approved by voters as part of the November 2016 Bond
Referendum. Remaining project funding is scheduled for the 2018 Bond Referendum ($28.5 million).
§ In order to expedite and provide for efficient construction of the West Boulevard Extension
improvements, the developer will be responsible for ensuring the agreed upon public improvements
are complete to City standards. In return, the City will reimburse the developer for these public
improvements in an amount not to exceed $16.2 million.
§ Voluntary annexation is required prior to reimbursement.
§ Under the terms of the agreement the developer would build the public improvements and will be
reimbursed upon completion of specific milestones through the CIP.
§ The developer has agreed to work with the City to incorporate an MWSBE Plan approved by the
City’s Business INClusion Program.
§ The developer will continue working with the City and the community on objectives to create
opportunities for greater inclusion of MWSBE certified companies and workforce development
initiatives.
§ The total estimated private investment related to Phase One improvements equals approximately
$422 million.
§ At build-out of Phase One, the redevelopment could generate more than $2 million in annual City
property tax revenue.
§ This public private partnership opportunity was presented to the Economic Development Committee
on June 7, 2017 and August 17, 2017.
§ The River District development and proposed public private partnership was presented during the
City Council Dinner Briefing on September 11, 2017.
§ Action Item C is being added to address additional infrastructure as discussed at the Dinner Briefing
on September 11, 2017. The Water Line construction is a part of the necessary public
infrastructure which will be incorporated in the overall West Boulevard Extension project to leverage
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City Council Business Meeting Meeting Agenda September 25, 2017
cost efficiencies related to construction activities.
Council Committee Discussion
§ On August 17, 2017, the Economic Development Committee voted (Mitchell, Ivory, Mayfield, and
Ajmera voted yes. Eiselt was absent) to recommend to the City Council approval of the two
Infrastructure Reimbursement Agreements in amounts not to exceed $16.2 million to be reimbursed
through the General CIP and not to exceed $15 million to be reimbursed through 45 percent of the
incremental property taxes in a designated area over 10 years.
Charlotte Business INClusion
Prior to the City Manager executing the Infrastructure Reimbursement Agreement, the CBI office will negotiate
subcontracting goals on all work tied to this agreement (Part G, Section 2.7 of the Charlotte Business
INClusion Policy).
Fiscal Note
Funding: General Community Investment Plan and Tax Increment Grant
Charlotte Water Community Investment Plan
Attachment(s)
September 11 City Council Dinner Briefing Presentation
Dinner Briefing_9-11-17_River DistrictDraft 2.0
City of Charlotte Page 19 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
BUSINESS
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18. Charlotte Convention Center Phase I Improvement Project
Action:
A. Approve an interlocal agreement to reimburse the Charlotte Regional Visitors Authority for
an amount up to $8.5 million for Convention Center design/development phase costs, and
B. Approve an allocation of $110 million of Convention Center Tax Fund debt capacity for the
Charlotte Convention Center Expansion project.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Randy Harrington, Management and Financial Services
William Haas, Engineering and Property Management
Tom Murray, Charlotte Regional Visitors Authority
Explanation
§ On September 16, 2016, The Charlotte Regional Visitors Authority (CRVA) briefed City Council on
need to plan for improvements to the Charlotte Convention Center.
§ Objectives of the improvements to the 22-year-old Convention Center include:
- Enhance the meeting experience,
- Increase breakout space,
- Create new pedestrian-friendly connections between the Convention Center and Center City,
- Upgrade technology, and
- Support continued Convention Center improvements.
§ On December 14, 2016, representatives from the City and CRVA selected TVS North Carolina, P.C.
using the Council-approved selection process to develop schematic designs for the proposed
improvements to the Convention Center.
§ On January 9, 2017, City Council approved $1,600,000 to develop a schematic design of the
Convention Center Improvements.
§ The estimate for Phase I of the total project cost of improvements to the Convention Center is
$110 million. These estimates will be further refined as the design progresses.
§ On March 24, 2017, the City issued a Request for Qualifications for construction management at risk
services. Five proposals were submitted from interested service providers.
§ On May 25, 2017, representatives from the City and CRVA selected Holder-Edison Foard-Leeper
using the Council-approved selection process to perform cost estimating, develop procurement and
construction schedules, and review the plans.
§ Council received a presentation on this project at the September 11, 2017 dinner briefing meeting.
§ This action will allow the CRVA to contract with multiple firms including TVS North Carolina, P.C. for
the design development phase, Holder-Edison Foard-Leeper for pre-construction services, a
geotechnical consultant, and a commissioning firm.
§ As part of this action, staff will assign $110 million of Convention Center tax fund debt capacity to
this project, with an anticipated issuance during FY 2019.
§ The City intends to issue up to $110 million in Certificates of Participation (COPS) in FY 2019, and
to reimburse the CRVA for up to $8.5 million in development and design costs from the proceeds of
the COPS or from Convention Center fund balance. The COPS will be repaid from the Convention
Center Tax Fund, which is supported by Hospitality Tax revenues, including one percent Prepared
Food Tax and three percent (of eight percent) Occupancy Tax. Eligible uses of these funds include
Convention Center capital, operating and promotions as well as amateur sports and Bank of America
stadium capital investments.
§ The revised Convention Center Tax Fund capacity is approximately $123 million.
§ Final design and construction administration, construction, and materials testing contracts related
to improvements will come to the City Council for consideration beginning in summer 2018.
§ In a typical year, Convention Center events include 227,078 visitors, 159,970 hotel room nights,
and provide an estimated impact to the local economy of $135.7 million.
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Charlotte Business INClusion
TVS Design has committed 25% of the total contract amount to the following MWSBEs:
· Neighboring Concepts (MBE) (architectural support)
· Wescott Structures (SBE, WBE) (structural engineering)
· Hartanft Lighting (SBE) (architectural lighting design)
· McCracken & Lopez (SBE) (mechanical, electrical, plumbing)
· Superior Mechanical Systems (MBE) (mechanical)
· Richa Graphics (SBE, MBE) (reprographics)
Holder-Edison has committed 17.6% of the total contract amount to the following MSBEs:
· RJ Leeper Construction (MBE/SBE) (preconstruction services)
· TRS&I Group, Inc. (MBE) (small business outreach)
The City will work with the CRVA to monitor compliance with the committed goals. Prior to City Council
awarding the construction contract in the fall of 2018, the CBI Office will establish MWSBE subcontracting
goals.
Fiscal Note
Funding: Convention Center Tax Fund
Attachment(s)
Interlocal Agreement
Dinner Presentation September 2017
Engineering & Property Management
CHLT-#124672-v1-(CRVA_Inserts)__Convention_Center_Renovations_Interlocal_Agreement_09-13-17_CA)
CLT Conv Ctr Phase I Improve Project 9-11-17DB_9-25-17
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19. North Tryon Street Business Corridor Project
Action:
A. Award a contract in the amount of $9,667,225.78 to the lowest responsive bidder Sealand
Contractors Corp. for the construction of the North Tryon Street Business Corridor project,
and
B. Adopt a budget ordinance appropriating $4,300,000 from existing appropriations in the
General Community Investment Plan.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Tom Russell, Engineering and Property Management
Explanation
§ The North Tryon Street Business Corridor Project was initially funded in the 2010 transportation
bond referendum, in amount of $9.5 million. Planning for the project began in 2011 to develop the
original project concept that envisioned improvements along the existing North Tryon corridor
between Dalton Avenue and 30th Street.
§ After the design study was completed and significant engagement with property and business
owners, it was determined that the preferred concept was a “one-way pair” option. This option
would construct new inbound lanes on Church Street (approximately 0.75 additional mile of roadway
improvements), allowing the project to better utilize existing right-of-way, reduce right-of-way
costs, reduce impacts to businesses, and additional frontage area for revitalization.
§ In 2014, as project design neared completion, the cost estimate was revised, and the project
budget was increased by $3.5 million to a revised total project cost of $13 million.
§ In 2016, as real estate acquisition neared completion, it was determined that the real estate costs
greatly exceeded the estimates initially established in 2014. An additional $3 million was recently
appropriated in the FY 2018 budget to account for the increase in real estate costs, in addition to
construction and utility cost adjustments. This increased the project budget to $16 million.
Action A
§ The North Tryon Street Business Corridor Project will rebuild Tryon Street to include the one-way
pair component and many included improvements, such as crosswalks, sidewalks, planting strips,
decorative lighting, bike lanes, and street trees from Dalton Avenue to 30th Street (approximately
0.9 of a mile in length).
§ The project will follow the Greenroads certification process, similar to LEED for buildings, which
quantifies roadway sustainability and awards points for sustainable practices.
§ On March 31, 2017, the City issued an Invitation to Bid; four bids were received from interested
service providers.
§ Sealand Contractors Corp. was selected as the lowest responsive, responsible bidder.
§ The project is anticipated to be complete by first quarter 2020.
Action B
§ The $4.3 million in additional funding will be appropriated to the North Tryon Street Business Corridor
Project and it will provide funding for:
- Higher than anticipated construction cost ($2.64 million)
- Increases in project costs: staff cost, construction administration, survey, testing,
inspection, landscaping, lighting and signals ($910,000)
- Anticipated cost increases to complete real estate acquisition and utility relocation
($750,000)
§ The additional funding will come from the Northeast Corridor Infrastructure program (NECI) within
the City’s General Community Investment Plan and will be repaid after the November 2018 bond
referendum. No projects within NECI will be delayed as a result of this action.
§ Upon City Council approval, this additional appropriation will result in a total project budget of $20.3
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City Council Business Meeting Meeting Agenda September 25, 2017
million.
Charlotte Business INClusion
Established SBE Goal: 22.00%
Committed SBE Goal: 17.65%
Sealand Contractors Corp. failed to meet the established SBE subcontracting goal, but has earned the
required Good Faith Efforts (Part C: Section 5 of the Charlotte Business INClusion Policy). Sealand
Contractors Corp. has committed 17.65% ($1,688,738) of the total contract amount to the following
certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy):
§ Streeter Trucking, Inc. (SBE, MBE) ($1,192,597) (hauling)
§ On Time Construction (SBE, MBE) ($334,245) (masonry)
§ A-1 Precision Fence Company, Inc. (SBE) ($118,865) (fence installation)
§ The LS Group, LLC (SBE, MBE) ($38,711) (erosion control)
§ R&N Construction Group, LLC (SBE, WBE) ($4,320) (retaining wall)
Established MBE Goal: 5.00%
Committed MBE Goal: 16.36%
Sealand Contractors Corp. exceeded the established MBE subcontracting goal, and has committed 16.36%
($1,565,553) of the total contract amount to the following certified MBE firms (Part B: Section 3 of the
Charlotte Business INClusion Policy):
§ Streeter Trucking, Inc. (SBE, MBE) ($1,192,597) (hauling)
§ On Time Construction (SBE, MBE) ($334,245) (masonry)
§ The LS Group, LLC (SBE, MBE) ($38,711) (erosion control)
A further detailed write-up of Sealand Contractors Corp’s Good Faith Efforts is attached.
Fiscal Note
Funding: Transportation Community Investment Plan
Attachment(s)
Map
Good Faith Efforts
Budget Ordinance
Location Map - North Tryon Street Business Corridor Project
North Tryon Business Corridor GFE summary
EPM ord 9-11-17 NorthTryon
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20. Arrowood Road and Nations Ford Road Intersection
Improvements
Action:
A. Award a construction contract in the amount of $1,752,209.14 to the lowest responsive
bidder Sealand Contractors Corp. for the Arrowood Road and Nations Ford Road Intersection
Improvements project, and
B. Adopt a budget ordinance appropriating $1,000,000 from existing contingency reserve
funds in the General Community Investment Plan.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Becky Chambers, Engineering and Property Management
Explanation
§ The Arrowood Road and Nations Ford Road Intersection Improvements project will make safety
improvements at the intersection of Arrowood Road and Nations Ford Road.
§ The project will include grading, drainage, concrete sidewalk, curb and gutter, driveways, wheel
chair ramps and concrete islands, retaining walls, milling, asphalt pavement, traffic control, and
pavement markings.
§ Utility relocations on this project have caused a two-year delay for bid and construction resulting in
increased construction and project costs of $1,000,000.
§ The project was initially funded in the 2010 bond referendum in the amount of $2,000,000.
§ Additional project funding of $400,000 was allocated from the Bike Program and Minor Roadway
Program to extend the project limits, adding additional bike lanes and ADA ramp improvements to
the project.
Action A
§ On July 25, 2017, the City issued an Invitation to Bid for Arrowood Road and Nations Ford Road
Intersection Improvement; four bids were received from interested service providers.
§ Sealand Contractors Corp. was selected as the lowest responsive, responsible bidder.
§ The project is anticipated to be complete by 4th quarter 2018.
Action B
§ The additional $1,000,000 will be appropriated to the Arrowood Road and Nations Ford Road
Intersection Improvements budget and to provide for:
- Cost increases in construction ($600,000)
- Increases in project overhead costs: staff, construction administration, construction staking,
construction testing, and construction inspection ($400,000)
§ The $1,000,000 in additional funding will be allocated from existing contingency reserves within the
General Community Investment Fund.
§ Upon City Council approval, this additional appropriation will result in a total project budget of $3.4
million.
Charlotte Business INClusion
Established SBE Goal: 17.00%
Committed SBE Goal: 17.00%
Sealand Contractors Corp. met the established SBE subcontracting goal, and has committed 17.00%
($297,876) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte
Business INClusion Policy):
• Conmat Development Incorporated (SBE) ($110,430) (concrete)
• Darnell Trucking (SBE, MBE) ($87,475) (hauling)
• Cochise Trucking (SBE) ($63,101) (hauling)
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• R&N Construction Group, LLC (SBE, WBE) ($18,810) (retaining wall)
• On Time Construction, Inc. (SBE, MBE) ($18,060) (masonry)
Established MBE Goal: 6.00%
Committed MBE Goal: 6.02%
Sealand Contractors Corp. exceeded the established MBE subcontracting goal, and has committed 6.02%
($105,535) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte
Business INClusion Policy):
• Darnell Trucking (SBE, MBE) ($87,475) (hauling)
• On Time Construction, Inc. (SBE, MBE) ($18,060) (masonry)
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
Map
Budget Ordinance
Location Map - Arrowood Road and Nations Ford Road Intersection Improvement
EPM ord 9-25-17 Arrowood
21. Appointment to the Charlotte Community Capital Loan Fund
Action:
Vote on blue ballots and return to Clerk at dinner.
Staff Resource(s):
Stephanie Kelly, City Clerk’s Office
Explanation
§ One appointment for a term beginning October 2, 2017, and ending September 30, 2020.
- Corey Busker, nominated by Council members Driggs, Eiselt, Ivory, Mayfield and Smith
- Kimberly Edmonds, nominated by Council members Ajmera and Mitchell
Attachment(s)
Charlotte Community Capital Loan Fund Applicants
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22. Appointments to the Domestic Violence Advisory Board
Action:
Vote on blue ballots and return to Clerk at dinner.
Staff Resource(s):
Stephanie Kelly, City Clerk’s Office
Explanation
§ One appointment for a three-year term beginning September 23, 2017, and ending September 22,
2020.
§ One appointment for a partial term beginning immediately and ending September 21, 2018.
- Gabrielle Alsop, nominated by Council members Driggs, Eiselt, and Fallon
- Rita Brown, nominated by Council members Driggs, Eiselt, and Fallon
- Linda Carr, nominated by Council members Ajmera and Mitchell
- Monique Cleckley, nominated by Council members Ajmera and Mitchell
- Pamela Johnson, nominated by Council members Ivory and Mayfield
- Tiffani Newbold, nominated by Council members Ivory and Mayfield
Attachment(s)
Domestic Violence Advisory Board Applicants
23. Appointment to the Housing Appeals Board
Action:
Vote on blue ballots and return to Clerk at dinner.
Staff Resource(s):
Stephanie Kelly, City Clerk’s Office
Explanation
§ One appointment in the At-Large category for a partial term beginning immediately and ending
December 31, 2018.
- Gregory Pizarro, Jr., nominated by Council members Ajmera, Kinsey and Mitchell
- Cherie Readus, nominated by Council members Driggs and Smith
- Tyjuana Wilson, nominated by Council members Ivory and Mayfield
Attachment(s)
Housing Appeals Board Applicants
Housing Appeals Board Applicants.pdf
City of Charlotte Page 27 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
24. Appointments to Keep Charlotte Beautiful
Action:
Vote on blue ballots and return to Clerk at dinner.
Staff Resource(s):
Stephanie Kelly, City Clerk’s Office
Explanation
§ One appointment for a partial term beginning immediately and ending June 30, 2018.
§ Two appointments for a partial term beginning immediately and ending June 30, 2019.
- Jeff Beaver, nominated by Council members Driggs and Smith
- Jesse Boyd, nominated by Council members Ajmera, Fallon, and Mitchell
- Tonya Clarkston, nominated by Council members Kinsey and Lyles
- Sue DuChanois, nominated by Council members Ajmera, Eiselt, Lyles, and Mitchell
- Myra Foster, nominated by Council members Ivory and Mayfield
- Jordan McGee, nominated by Council members Ivory and Mayfield
- Gita Patel, nominated by Council members Ajmera and Mitchell
Attachment(s)
Keep Charlotte Beautiful Applicants
25. Appointments 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
§ One appointment for a partial term beginning immediately and ending January 31, 2019.
§ One appointment for a partial term beginning immediately and ending June 30, 2020.
- Terry Brown, nominated by Council members Ajmera and Mitchell
- Scott Campagna, nominated by Council members Driggs, Eiselt, Ivory, Mayfield, and Smith
- Thomas Rothrock, nominated by Council members Fallon and Lyles
- Marshall Williamson, nominated by Council members Driggs, Eiselt, Lyles, and Smith
Attachment(s)
Zoning Board of Adjustment Applicants
26. Mayor and City Council Topics
The City Council members may share information and raise topics for discussion.
City of Charlotte Page 28 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
CONSENT
City of Charlotte Page 29 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
27. Charlotte-Mecklenburg Police Foundation Donation
Action:
A. Authorize the City Manager to accept a donation from the Charlotte-Mecklenburg
Police Foundation in the amount of $374,594 for various Charlotte-Mecklenburg Police
Department initiatives, and
B. Adopt a budget ordinance appropriating funds in the amount of $374,594 from the
Charlotte-Mecklenburg Police Foundation.
Staff Resource(s):
Kerr Putney, Police
Vicki Foster, Police
Mike Campagna, Police
Explanation
§ The Charlotte-Mecklenburg Police Foundation is a non-profit, volunteer organization dedicated to
strengthening Charlotte-Mecklenburg Police Department (CMPD) services and promoting public
safety in the Charlotte-Mecklenburg area.
§ CMPD seeks City Council approval to accept a donation in the amount of $374,594 for the following
initiatives:
NARCAN ($10,000)
§ NARCAN is a Food and Drug Administration (FDA) approved emergency treatment for opioid
overdose, which may be administered orally, intravenously, or as a nasal spray.
§ The funding will be used to supply 325 CMPD personnel with NARCAN nasal spray as a treatment
should they come into contact with drugs laced with fentanyl.
§ Fentanyl is a synthetic opioid or painkiller that was developed in the 1960s, reportedly 100 times
more powerful than morphine and between 30 to 50 times more powerful than heroin.
§ Because of the high potency of fentanyl and the numerous ways it can be introduced into the body
both intentionally and accidentally, law enforcement agencies are seeking ways to provide extra
protection for their police officers.
§ Across the country, there has been a rise in people overdosing on drugs such as heroin,
methamphetamine, and cocaine laced with fentanyl.
§ CMPD intends to administer NARCAN as a nasal spray when CMPD personnel are exposed to
fentanyl, which seems easiest and the most effective manner to administer the drug.
Pistol Lights ($218,404)
§ CMPD plans to purchase 825 mounted flashlights for every police officer assigned to patrol on its
second and third shifts.
§ The benefits for the police officers are increased accuracy over traditional flashlight techniques, the
ability to assess threats in low light situations, and increased accuracy with pistol use due to the
proper hand placement required to manipulate the light kit properly.
Vehicle Mitigation Barriers ($146,190)
§ Meridian anti-vehicle barriers are placed on the outer perimeter of large crowds at special events,
sporting facilities, crowd management, and other public safety scenarios.
§ The barriers can be deployed quickly by two police officers and can be configured in different ways
to protect all types of geography while not proving fatal to a driver as a result of a crash incident.
§ CMPD wishes to purchase 16 anti-vehicle barriers, two trailers, and all related hardware and
equipment.
Fiscal Note
Funding: Charlotte-Mecklenburg Police Foundation
City of Charlotte Page 30 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
Attachment(s)
Budget Ordinance
Police_PoliceFoundation_Ord_9-25-17
28. Tasers and Related Products Contract
Action:
A. Approve additional expenditures under an existing City contract with Axon Enterprise, Inc.
in the estimated amount of $2,703,462.72 to provide tasers and related products for the
Charlotte Mecklenburg Police Department (CMPD),
B. Authorize the City Manager to approve price adjustments and further amend the contract
consistent with the purpose for which the contract was awarded, and
C. Adopt a budget ordinance appropriating $2,320,212.43 into the Capital Equipment Fund.
Staff Resource(s):
Kerr Putney, Police
Stephen Willis, Police
Explanation
§ On January 13, 2014, City Council approved a contract with Taser International, Inc. (now Axon
Enterprise, Inc.) for the purchase of tasers and related products for an initial term of five years with
two additional, one-year renewal options.
- If all currently-available renewals are exercised, the contract will expire on January 12, 2021.
§ The City now wishes to purchase tasers and products, which will increase total spending over the
span of the current contract to $2,703,462.72 to replace all (1,743) end-of-life CMPD tasers.
§ The original contract of $175,000 annually was used to purchase tasers for additional police
recruits.
§ The contract was competitively solicited in 2013 on behalf of the City and the Charlotte
Cooperative Purchasing Alliance (CCPA).
- CCPA is a City-run cooperative purchasing program that reduces costs by leveraging
aggregate purchasing volume from numerous public agencies.
§ The ongoing annual expenditures from the General Fund to repay the Municipal Debt Service Fund
over five years beginning in FY 2019 are estimated to be $540,693.
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: General Capital Equipment Fund
Attachment(s)
Budget Ordinance
CMPD_Tasers_9-25-17
City of Charlotte Page 31 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
29. Fire Radiological Decontamination Apparatus
Action:
A. Approve the purchase of a fire radiological decontamination truck body from a cooperative
purchasing contract as authorized by G.S. 143-129(e)(3), and
B. Approve a unit price contract, in an amount not to exceed $400,000, with VT Hackney Inc.
for the purchase of a fire radiological decontamination truck body under the National Joint
Powers Alliance contract 090512-VTH.
Staff Resource(s):
Pete Key, Fire
Kevin Gordon, Fire
Cooperative Purchasing Exemption
NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing.
Explanation
§ Approve the purchase of a radiological decontamination truck for radiological or nuclear incidents,
both locally and regionally, to be used by Charlotte Fire.
§ The new radiological decontamination truck will provide support and equipment for emergency
worker decontamination stations in six different locations, carry additional equipment such as
meters, decontamination waste disposal containers, portal monitors, plastic sheeting, and support
other hazardous materials incidents as needed.
§ Fire will utilize a current cab and chassis that is being taken out of service, and will have the
current body removed by the vendor and replaced with a new body, creating an estimated savings
of $280,000.
§ The current truck body being removed from the cab chassis has been determined to have a fair
market value of no more than $1,000. The current body will be disposed of through private sale to
the vendor; doing so is the most cost effective means because it allows the City to avoid added
costs to dispose of and/or haul the chassis to auction.
§ VT Hackney Inc. has a contract, awarded through the National Joint Powers Alliance, which allows
the City to receive goods at the best possible price.
Charlotte Business INClusion
These are cooperative purchasing contracts and are exempt (Part A: Appendix 27 of the Charlotte Business
INClusion Policy).
Fiscal Note
Funding: General Capital Equipment Replacement Fund
City of Charlotte Page 32 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
30. 2016 Assistance to Firefighters Grant Acceptance
Action:
A. Authorize the City Manager to accept a grant in the amount of $771,273.00 from the U.S.
Department of Homeland Security, Federal Emergency Management Agency, and
B. Adopt a budget ordinance appropriating $771,273.00 in Department of Homeland Security
Grant funds.
Staff Resource(s):
Pete Key, Fire
Kevin Gordon, Fire
Explanation
§ The Assistance to Firefighters Grant is a competitive federal grant program that the Charlotte Fire
Department (CFD) applies for annually.
§ CFD will use the grant funds to replace thermal imaging cameras and purchase bail-out kits for each
of our 1,050 firefighters.
§ Our current thermal imaging cameras are over 15 years old and utilize out of date technology.
§ The bail-out kits, which are used to get firefighters out of harm’s way when stairs and ladders are
unavailable, will be a new purchase for Charlotte Fire as this equipment has previously not been
utilized.
§ The total amount of the grant award is $848,400. The City is required to provide a local match of
$77,127, which is funded from CFD’s operating budget.
Fiscal Note
Funding: Assistance to Firefighters Grant and Charlotte Fire Department Operating Budget
Attachment(s)
Budget Ordinance
Fire Assistance Budget Ordinance 9.15.17
City of Charlotte Page 33 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
31. Lakeview-Reames Intersection Improvements
Action:
Approve a contract in the amount of $655,000 with Kimley-Horn and Associates, Inc. for design
services for the Lakeview-Reames Intersection Project.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Fran West, Engineering and Property Management
Explanation
§ This contract will provide design services for the Lakeview-Reames Intersection Improvement
Project identified and prioritized during the Sunset/Beatties Ford Road Comprehensive Neighborhood
Improvement Program.
§ This project will include a roundabout at the intersection of Lakeview Road and Reames Road and a
sidewalk along Lakeview Road from Reames Road to Beatties Ford Road.
§ Improvements will include, but are not limited to:
- Roundabout,
- Sidewalks,
- Bicycle lanes,
- Storm drainage,
- Utility relocations,
- Right-of-way/easements, and
- Traffic control.
§ On February 17, 2014, the City issued a Request for Qualifications (RFQ); 20 proposals were
received from interested professional services provides.
§ Kimley-Horn and Associates, Inc. is the best qualified firm to meet the City’s needs on the basis of
demonstrated competence and qualification of professional services in response to the RFQ
requirements.
§ On May 23, 2016, the City Council approved a contract in the amount of $302,113 to Kimley-Horn
and Associates, Inc. for planning services for the Lakeview-Reames Intersection Improvement
Project.
§ Kimley-Horn and Associates, Inc. has completed the planning phase which included traffic analysis,
public meetings and outreach, conceptual plans, field surveys, and mapping.
Charlotte Business INClusion
The City negotiates participation after the proposal selection process (Part C: Section 2.1(h) of the
Charlotte Business Inclusion Policy). Kimley-Horn and Associates, Inc. has committed 13.37 percent
($87,585) of the total contract price to the following firms:
§ Boyle Consulting Engineers, PLLC (SBE) ($1,150) (geotechnical services)
§ Hinde Engineering, Inc. (SBE) ($86,435) (utility coordination)
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
Map
Location Map - Lakeview-Reames Intersection Improvement Project
City of Charlotte Page 34 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
32. Private Developer Funds for Traffic Signal Improvements
Action:
Adopt a budget ordinance appropriating $12,500 in private developer funds for traffic signal
improvements and related work.
Staff Resource(s):
Liz Babson, Transportation
Debbie Smith, Transportation
Explanation
§ Private developer funding is for traffic signals, upgrades, and related work associated with developer
projects.
§ CK Cato Industrial #1 LLC is fully funding traffic signal installations and improvements to mitigate
traffic impacts at the intersection of Wilkinson Boulevard and Old Dowd Road.
§ The above signal meets the same criteria as other traffic signals approved by the City.
§ Payments made by the developers are in response to estimates of work prepared by the Charlotte
Department of Transportation (CDOT) and supplied to the developers.
§ Any funding contributed by developers for signal projects that is unused by the City will be refunded
after project completion.
§ CDOT will install and operate this signal as part of the existing signal system in the area.
Fiscal Note
Funding: Private Developer Contributions
Attachment(s)
Map
Budget Ordinance
Traffic Signal Improvements 15-6197
CDOT ord 9-25-17 Developer Contributions
City of Charlotte Page 35 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
33. Cross Charlotte Trail Planning Services
Action:
Approve a contract in the amount of $211,060 with Kimley-Horn and Associates, Inc. for planning
services for the Orr Road to Rocky River Road segment of the Cross Charlotte Trail Project.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Joe Frey, Engineering and Property Management
Sharon Buchanan, Engineering and Property Management
Explanation
§ The Cross Charlotte Trail (XCLT) will consist of a combination of new and existing greenways
connected by new urban trails to form a continuous pathway extending approximately 26 miles
across the City of Charlotte.
§ This contract provides planning services for a segment as identified in the XCLT Master Plan from
Orr Road to Rocky River Road (approximately 2.5 miles). The planning services include, but are not
limited to:
- Public involvement,
- Design parameters,
- Base mapping,
- Natural resources review and geotechnical investigations, and
- Alternatives analysis.
§ On October 25, 2016, the City issued a Request for Qualifications (RFQ); eight proposals were
received from interested professional service providers.
§ Kimley-Horn and Associates, Inc. is the best qualified firm to meet the City’s needs on the basis of
demonstrated competence and qualification of professional services in response to the RFQ
requirements.
Charlotte Business INClusion
The City negotiates subcontracting participation after the proposal selection process (Part C: Section
2.1(h) of the Charlotte Business INClusion Policy). Kimley-Horn and Associates, Inc. has committed
10.19% ($21,500) of the total contract amount to the following firms:
· CMW Design Strategies, PLLC (SBE) ($1,500) (landscape architecture)
· Hinde Engineering, Inc. (SBE) ($8,000) (utility coordination)
· James Mauney & Associates, PA (SBE) ($8,000) (survey and mapping)
· Boyle Consulting Engineers, PLLC (SBE) ($4,000) (geotechnical investigations)
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
Map
Location Map - Cross Charlotte Trail Design Services
City of Charlotte Page 36 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
34. Johnston Oehler Road Farm to Market Landscaping
Action:
Award a contract in the amount of $208,380.03 to the lowest responsive bidder Roundtree
Companies, LLC for the Johnston Oehler Road Farm-to-Market Landscaping project.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Leslie Bing, Engineering and Property Management
Explanation
§ This project will include the installation of large and small trees, shrubs and ground cover plants
within the medians and planting strips along Johnston Oehler Road from west of Prosperity Ridge
Road to Mallard Creek Road.
§ On July 5, 2017, the City issued an Invitation to Bid; three bids were received from interested
service providers.
§ Roundtree Companies, LLC was selected as the lowest responsive, responsible bidder.
§ The project is anticipated to be complete by first quarter 2018.
Charlotte Business INClusion
No subcontracting goals were established because there are no opportunities (Part C: Section 2.1(a) of
the Charlotte Business INCLusion Policy). Roundtree Companies, LLC is a City SBE.
Fiscal Note
Funding: General Community Investment Plan
Attachment(s)
Map
Location Map - Johnston Oehler Road Farm to Market (Landscaping)
City of Charlotte Page 37 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
35. Storm Water Repair and Improvements Fiscal Year 2018-A
Action:
A. Award a contract in the amount of $2,528,321.86 to the lowest responsive bidder United of
Carolinas, Inc. for the Storm Water Repair and Improvement Fiscal Year 2018-A, and
B. Authorize the City Manager to approve up to two renewals and to amend the contract
consistent with the purpose for which the contract was approved.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Susan Tolan, Engineering and Property Management
Explanation
§ This contract is part of an ongoing program to provide repairs and/or improvements to existing
storm drainage systems and construction of new storm drainage systems.
- Each request is investigated and prioritized based on the severity of potential public/private
property flooding and/or property damage.
- The necessary repairs for each project are designed and a work order prepared including an
estimated list of quantities.
§ Approximately 40-50 projects may be constructed from this contract if the City exercises the two
renewals for a total contract term that may not exceed three years. The number may vary
depending on the nature and extent of the repairs actually constructed.
§ On July 21, 2017, the City issued an Invitation to Bid; four bids were received from interested
service providers.
§ United of Carolinas, Inc. was selected as the lowest responsive, responsible bidder.
Charlotte Business INClusion
Established SBE Goal: 18.00%
Committed SBE Goal: 18.00%
United of Carolinas, Inc. has identified SBEs on its project team, and for each work order issued, committed
18.00% of the total contract amount to the following certified firms:
· Armadillo Construction, LLC (SBE) (pipe)
· Cesar A Leon, L.L.C. (SBE, MBE) (hauling)
· R.R.C. Concrete, Inc (SBE, MBE) (concrete)
· Streeter Trucking Company, Inc. (SBE, MBE) (hauling)
Established MBE Goal: 6.00%
Committed MBE Goal: 6.00%
United of Carolinas, Inc. has identified MBEs on its project team, and for each work order issued,
committed 6.00% of the total contract amount to the following certified firms:
· Cesar A Leon, L.L.C. (SBE, MBE) (hauling)
· R.R.C. Concrete, Inc (SBE, MBE) (concrete)
· Streeter Trucking Company, Inc. (SBE, MBE) (hauling)
Fiscal Note
Funding: Storm Water Community Investment Plan
City of Charlotte Page 38 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
36. Charlotte Water Rate Model Financial Consulting Services
Action:
A. Approve a contract with Raftelis Financial Consultants, Inc. for rate model financial
consulting services for an initial term of three 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 purpose for which
the contract was approved.
Staff Resource(s):
Barry Gullet, Charlotte Water
Shawn Coffman, Charlotte Water
Chad Howell, Charlotte Water
Explanation:
§ Council approved the current methodology used to calculate water and sewer rates and fees in
2011.
§ Annually, rate consultants are used to project water consumption and apply the approved
methodology.
§ The rate consultants also assist in conducting sensitivity analysis to assure a high probability that
the projected rates and fees will produce the projected amount of revenue needed.
§ On April 3, 2017, the City issued a Request for Proposals; two responses were received. Raftelis
Financial Consultants, Inc. was found to be the most qualified firm.
§ The estimated annual expenditures under this contract are approximately $128,000.
Charlotte Business INClusion
No subcontracting goals were established because there are no subcontracting opportunities (Part C:
Section 2.1(a) of the Charlotte Business INClusion Policy).
Fiscal Note
Funding: Charlotte Water Operating Budget
City of Charlotte Page 39 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
37. Charlotte Water Metering Equipment
Action:
A. Approve the purchase of water meters, registers, transmitters and replacement meter
parts, as authorized by the sole source exemption of G.S. 143-129 (e)(6),
B. Approve unit price contracts with Badger Meter, Inc., Mueller Systems, LLC, HD Supply
Waterworks, LTD, and Itron, Inc. for the purchase of water meters, registers, transmitters
and replacement meter parts for the initial term of two years,
C. Approve a contract with Itron, Inc. for maintenance for as long as the City uses the
equipment, and
D. Authorize the City Manager to renew the contracts with Badger Meter, Inc., Mueller
Systems, LLC, HD Supply Waterworks, LTD, and Itron, Inc. for up to three one-year terms
with possible price adjustments and to amend the contract consistent with the purpose for
which the contract was approved.
Staff Resource(s):
Barry Gullet, Charlotte Water
David Czerr, Charlotte Water
Sole Source Exemption
§ G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when:
- Performance or price competition are not available;
- A needed product is available from only one source or supply; or
- Standardization or compatibility is the overriding consideration.
§ Sole sourcing is necessary for this contract because there is only one supply source. Badger Meter,
Inc., Mueller Systems, LLC, and HD Supply Waterworks, LTD are the only authorized distributors for
each brand of meter. Itron, Inc. is the only manufacturer for its brand of meter reading equipment.
§ The City Council must approve purchases made under the sole source exception.
Explanation
§ The four contracts will provide parts for routine replacement of worn, broken, and malfunctioning
water meter parts, registers, transmitters, and new installations on residential, commercial, and
industrial meters.
§ The replacement meter parts, registers, and transmitters must be compatible with the existing
meters.
§ Total annual expenditures for equipment are estimated to be $1,400,000; total estimated annual
maintenance costs are $82,000.
§ All radio equipment and related components require compatibility with the City and County systems.
§ Annual price adjustments will be negotiated and mutually agreed upon.
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: Charlotte Water Community Investment Plan and Operating Budget
City of Charlotte Page 40 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
38. Franklin Water Treatment Plant Rehabilitation
Action:
Award a contract in the amount of $651,923 to the lowest responsive bidder, The Harper
Corporation-General Contractors, for the Franklin Water Treatment Plant Rehabilitation project.
Staff Resource(s):
Barry Gullet, Charlotte Water
Ron Hargrove, Charlotte Water
Explanation
§ The City owns and maintains three water treatment plants in Mecklenburg County. The Franklin
Water Treatment Plant is located along the Brookshire Freeway in Charlotte.
§ This contract provides for the rehabilitation of metal components, pumps, motors, and drive
mechanisms for the clarifiers and thickeners.
§ On May 18, 2017 the City issued an Invitation to Bid; two bids were received.
§ The project was re-advertised on July 27, 2017; two bids were received.
§ The Harper Corporation-General Contractors was selected as the lowest responsive, responsible
bidder.
§ The project is anticipated to be completed by the second quarter of 2018.
Charlotte Business INClusion
No subcontracting goals were established because there are no subcontracting opportunities (Part B:
Section 2.3 of the Charlotte Business INClusion Policy).
Fiscal Note
Funding: Charlotte Water Community Investment Plan
Attachment(s)
Map
Franklin WTP Map
City of Charlotte Page 41 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
39. UNC Charlotte Reclaimed Water Project Partnership
Agreement and Design Services Contract
Action:
A. Authorize the City Manager to negotiate and execute a contract between the City of
Charlotte and University of North Carolina at Charlotte Related to Design and Construction
of a Reclaimed Water Pipeline, and
B. Approve a contract in the amount of $718,770 with Hazen & Sawyer for the design,
permitting, and bidding of the University of North Carolina at Charlotte reclaimed water line.
Staff Resource(s):
Barry Gullet, Charlotte Water
Carl Wilson, Charlotte Water
Explanation
§ University of North Carolina at Charlotte (UNCC) plans to purchase reclaimed water from the
Charlotte Water Mallard Creek Wastewater Treatment Plant (WWTP) near the UNCC campus.
§ UNCC has a goal of conserving potable water and Charlotte Water has a goal of protecting the
environment and effectively managing water resources.
§ This agreement will provide Charlotte Water a benefit by reducing the amount of potable water
being transferred to the Rocky River basin which is an inter basin transfer (IBT). The estimated
potable water demand reduction at the UNCC campus is about 640,000 gallons per day.
§ Per this agreement, UNCC will receive up to 53 million gallons per year of reclaimed water from
Charlotte Water. This will provide a cost savings to UNCC as a reduction of their monthly potable
water bill.
§ UNCC has approval from their governing board to reimburse Charlotte Water for up to $5,000,000 for
the design and construction of the extension of the reclaimed water system from the Mallard Creek
WWTP to a metering point on the UNCC campus.
- Preliminary Engineering Study completed in November 2015 estimated the construction cost
of this reclaimed water line to be $4,580,000. However, total project cost will be refined
based on final design.
- If total costs are less than $5 million, then UNCC is prepared to cover the entire cost of the
project.
- If total cost is more than $5 million, Charlotte Water will consider paying the difference
based on environmental benefits and IBT management between the Catawba and Yadkin
river basins.
- Pursuant to the agreement, if UNCC should terminate the agreement prior to the project
being constructed, UNCC is required to pay all the project costs up to the date of the
termination.
§ Once the reclaimed water line is in operation, Charlotte Water and UNCC will negotiate an operation
agreement, which is anticipated to be presented for Council action in the winter of 2020.
Background
§ The State of North Carolina adopted a Water Reuse Policy under G.S. 143.355.5 that encourages
the reuse of treated wastewater effluent to replace potable water in non-potable applications to
supplement existing surface and ground water supplies.
§ On December 16, 2013, the City issued a Request for Qualifications; six responses were received.
Hazen & Sawyer was found to be the most qualified firm.
Charlotte Business INClusion
The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h)
of the Charlotte Business INClusion Policy). Hazen and Sawyer committed 25.42% ($182,700) of the total
contract amount to the following certified firms:
City of Charlotte Page 42 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
· Survey & Mapping Control, Inc. (SBE) ($102,040) (field surveying)
· Hinde Engineering, Inc. (SBE) ($29,760) (traffic control & private utility coordination)
· Avioimage Mapping Services (SBE) ($25,000) (aerial mapping)
· Sweetwater Utility Exploration LLC (SBE) ($20,900) (subsurface utility locates)
· Mid Carolina Reprographics (SBE) ($5,000) (reproduction, copying)
Fiscal Note
Funding: Charlotte Water Community Investment Plan
Attachment(s)
Map
UNCC Reuse Line Map
City of Charlotte Page 43 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
40. Charlotte Water Digital Message Board System
Action:
A. Approve a contract with TechVentures, LLC, to provide and implement a digital message
board system for as long as the City uses the system,
B. Authorize the City Manager to approve price adjustments and amend the contract
consistent with the purpose for which the contract was awarded,
C. Authorize the City Manager to purchase maintenance and support for as long as the City
uses the system, and
D. Authorize the City Manager to purchase such additional software licenses, services, and
hardware as needed from time to time to optimize the City’s use of the system, and to
approve other amendments consistent with the purpose for which the contract was
approved, including price adjustments.
Staff Resource(s):
Barry Gullet, Charlotte Water
Shawn Coffman, Charlotte Water
Explanation
§ This contract will augment existing communication methods for Charlotte Water employees across
16 locations across Mecklenburg County.
§ The contract includes installation and configuration of the application; 50 playback devices; system
and database configuration; on-site training; web-based training; and five years of software and
playback device maintenance.
§ On December 13, 2016, the City issued a Request for Proposals (RFP); four proposals were received
from interested service providers.
§ The selection committee determined that TechVentures, LLC best meets the City’s needs in terms
of qualifications, experience, cost, and responsiveness to RFP requirements.
§ Estimated expenditures with TechVentures, LLC for licensing and implementing the system are
$177,669. Estimated expenditures for annual maintenance and support are $9,825; subject to
adjustments as authorized by the contract.
§ This system may be implemented at other City Departments.
§ Additional hardware and services are required to complete this project using existing contracts.
Overall costs for the project are estimated at $355,000.
Charlotte Business INClusion
No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section
2.1 (a) of the Charlotte Business INClusion Policy).
Fiscal Note
Funding: Charlotte Water Community Investment Plan
City of Charlotte Page 44 Printed on 9/25/2017
City Council Business Meeting Meeting Agenda September 25, 2017
41. Airport Bus Contract Extension
Action:
Authorize the City Manager to renew the contract for two additional, one-year terms and to amend
the contract consistent with the purpose for which the contract was approved.
Staff Resource(s):
Brent Cagle, Aviation
Jack Christine, Aviation
Explanation
§ On May 12, 2014, City Council approved a three-year contract with Carolina Thomas, LLC to provide
Cutaway and Low Floor Shuttle Buses for Airport shuttle services.
- The contract was written with two, one-year term extensions, which was not included as
part of City Council’s approval on May 12, 2014.
§ At this time, following a satisfactory experience with Carolina Thomas, LLC; approval is requested
authorizing the City Manager to renew the contract for two additional, one-year terms.
§ Annual contract expenditures are estimated to be $2,200,000.
Fiscal Note
Funding: Aviation Community Investment Plan
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42. Airport Concourse Seating Replacement
Action:
A. Approve the purchase of Terminal Concourse Seating , as authorized by the sole source
exemption of G.S. 143-129 (e)(6),
B. Approve a unit price contract with Arconas for the purchase of seating for the term of three
years, and
C. Authorize the City Manager to renew the contract for up to two additional, one-year terms
with possible price adjustments and to amend the contract consistent with the purpose for
which the contract was approved.
Staff Resource(s):
Brent Cagle, Aviation
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 of the need for standardization or
compatibility.
§ The City Council must approve purchases made under the sole source exception.
Explanation
§ The Aviation Department will replace seating throughout the Terminal as part of the concourse
renovation projects over the next three years. The seats will have amenities for travelers, including
in-seat charging stations.
§ This contract will purchase 6,600 new seats to replace the existing seats.
§ The Arconas seat was chosen in order to be consistent with American Airline’s design standards.
§ The unit price contract includes the assembly and installation of the seating.
§ Estimated contract expenditures are $7,500,000.
Charlotte Business INClusion
This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion
Policy).
Fiscal Note
Funding: Aviation Community Investment Plan
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43. Airport Terminal Traffic Control Services
Action:
A. Approve the purchase of Traffic Control Services from a cooperative purchasing contract as
authorized by G.S. 143-129(e)(3),
B. Approve a unit price contract extension with G4S for the purchase of Traffic Control Services
for a term of up to 90 days under the General Services Administration, Federal Supply
Schedule 084, Special Item No. 246-54: Guard Services, Contract #:GS-07F-0382K,
C. Approve a contract with Allied Universal Security Services for Traffic Control Services for an
initial term of three years, and
D. Authorize the City Manager to renew the Allied Universal Security contract for up to two,
one-year terms with possible price adjustments and to amend the contract consistent with
the purpose for which the contract was approved.
Staff Resource(s):
Brent Cagle, Aviation
Jack Christine, Aviation
Cooperative Purchasing Exemption
NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing.
Explanation
Action A
§ On February 13, 2017, City Council approved a contract with G4S Security for Traffic Control
Services for the term of 181 days.
- G4S has a contract awarded through General Services Administration that offers
competitively obtained contracts to public agencies nationwide.
§ The Airport is requesting up to a 90 day extension with G4S to allow for transition to the new
service provider.
§ Expenditures for this extension are estimated at $200,000.
Action B
§ On April 25, 2017, the City issued a Request for Proposal (RFP) for Airport Terminal Traffic Control
Services. In response to the RFP, the City received nine proposals from interested service providers.
§ Allied Universal Security Services best meets the City’s needs in terms of qualifications, experience,
cost, staffing and operations plans, and responsiveness to RFP requirements.
§ Upon satisfactory performance, the contract allows up to two additional, one-year terms at prices
to be negotiated based on market conditions.
§ Annual expenditures are estimated to be $1,436,000.
Charlotte Business INClusion
The City negotiates subcontracting participation after the proposal selection process (Part C: Section
2.1(h) of the Charlotte Business INClusion Policy).
Allied Universal Security has committed 4.98% ($214,392) of the total contract amount to the following
certified firm:
§ Southeastern Public Safety Group, Inc. (SBE) ($214,392) (security guard services)
Fiscal Note
Funding: Aviation Operating Budget
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44. Airport Landside Operation Plan
Action:
Approve a contract not to exceed $335,979 with Ricondo & Associates, Inc. to provide a
comprehensive 20-year Airport Landside Operation Plan.
Staff Resource(s):
Brent Cagle, Aviation
Jack Christine, Aviation
Explanation
§ On June 22, 2016, the City issued a Request for Qualifications for the Airport Parking Study; five
firms submitted a proposal.
§ The City selected Innovat International Inc. (formerly DAA USA International, Inc.) and Ricondo and
Associates based on experience, qualifications, and project proposal.
- On August 28, 2016, City Council approved a contract with Innovat International Inc. to
complete the Airport Strategic Parking Business Plan.
§ Ricondo and Associates will complete a Landside Operation Plan, which will provide planning,
environmental, and operational solutions for the entire Airport landside operation. Landside
operations include parking facilities, offsite parking vendors, commercial ground transportation
providers, airport roadway traffic, access roads, etc.
§ On January 30, 2017, the Airport entered into contract with Ricondo & Associates to provide initial
data and information collection analysis. The Airport requested this analysis be performed separate
from the full study in an effort to determine the cost and impact that the master plan would have
for the Airport.
§ This contract will provide the full scope of the landside operation plan including:
- Analysis of existing and future parking facility demand, parking product locations and usage,
size, and capacity with recommendations that take into consideration the Airport Master
Plan and Airport Area Strategic Development Plan,
- Future planning for commercial ground transportation requirements (i.e. transportation
network companies, taxicabs, courtesy shuttles, etc.),
- Operational analysis to include busing operations interface, challenges specific to each
parking facility, and use and location of credit card payment machines and manual payment
options,
- Roadway traffic forecasts and analyses of traffic demands on existing roadways and
intersections, and
- Employee parking allocation, location, utilization.
§ Contract expenditures are estimated to not exceed $335,979.
Charlotte Business INClusion
The City negotiates subcontracting participation after the proposal selection process (Part C: Section
2.1(h) of the Charlotte Business INClusion Policy).
Ricondo & Associates, Inc. has committed 18.91% ($63,543) of the total contract amount to the following
certified firm:
§ Zapata-LJB, PLLC (MBE) ($63,543) (parking and data collection services)
Fiscal Note
Funding: Aviation Community Investment Plan
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45. Refund of Property Taxes
Action:
Adopt a resolution authorizing the refund of property taxes assessed through clerical or
assessment error in the amount of $382.24.
Staff Resource(s):
Randy Harrington, Management and Financial Services
Scott Greer, Management and Financial Services
Explanation
§ Mecklenburg County notified and provided the City the list of Property Tax refunds due to clerical or
assessment error.
Attachment(s)
Taxpayers and Refunds Requested
Resolution Property Tax Refunds
List of Taxpayers and Refunds Requested
Resolution
46. Meeting Minutes
Action:
Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of:
- August 28, 2017, Business Meeting
Staff Resource(s):
Stephanie Kelly, City Clerk’s Office
City Council Organizational Meeting and Kelly
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PROPERTY TRANSACTIONS
47. Transfer of City-owned Property at 829 Belmont Avenue
Action:
A. Approve the transfer of 0.17 acre of vacant land at 829 Belmont Avenue (parcel
identification number 081-099-05) to Mecklenburg County, and
B. Authorize the City Manager to negotiate and execute all documents necessary to complete
the transfer.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Tony Korolos, Engineering and Property Management
Explanation
§ A transfer of 829 Belmont Avenue to Mecklenburg County for the Little Sugar Creek Greenway is
requested for approval.
- The transfer will include a deed restriction requiring the property be used only for open area
and/or stream improvement and enhancement.
§ The property is a vacant parcel located in the Belmont neighborhood and was acquired in 2005 by
foreclosure for nonpayment of loans issued by the City. The residence was subsequently
demolished.
§ It has been determined the property is not suitable for affordable housing due to topography, and
the presence of a surface water improvement and management buffer, post construction buffer and
floodplain covering the majority of the property.
§ A value estimate of the property established a fair market value of approximately $21,000 due to
title issues and other encumbrances including topography, buffer and floodplain.
§ The Planning Committee of the Charlotte Mecklenburg Planning Commission approved the Planning
staff’s recommendation the property be used for the Little Sugar Creek Greenway.
§ The transfer is consistent with City Council’s City-Owned Real Estate and Facilities Policy because it
supports the development of the Mecklenburg County greenway in the Belmont Neighborhood.
Attachment(s)
Map
Map of 829 Belmont Avenue
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48. Sale of City-owned Property on South Mint Street
Action:
A. Adopt a resolution approving the private sale of two City-owned parcels in the 800 block of
South Mint Street (parcel identification numbers 073-042-17 and 073-042-18) to GSLH
Charlotte Realty Holdings, LLC, for $610,000,
B. Authorize the City Manager to negotiate and execute all documents necessary to complete
the sale of the property, and
C. Adopt a budget ordinance appropriating the sale proceeds for Belk Greenway Connector
reimbursement.
Staff Resource(s):
Mike Davis, Engineering and Property Management
Tony Korolos, Engineering and Property Management
Explanation
§ GSLH Charlotte Realty Holdings, LLC (GSLH) has proposed to purchase two vacant City-owned
parcels (parcel identification numbers 073-042-17 and 073-042-18) comprising 5,277 square feet.
The parcels will be incorporated into GSLH’s adjacent mixed-use redevelopment of the block
bounded by South Mint Street, West Stonewall Street, South Tryon Street and I-277.
§ The two City-owned parcels were appraised together in May 2017, with a revision performed in July
2017, for $610,000.
§ The City has planned the Belk Greenway Connector to connect the Cross Charlotte Trail through
Uptown. The proposed alignment of the Connector is immediately adjacent to the GSLH
redevelopment and the two City-owned parcels.
§ As part of the purchase offer, GSLH will donate a trail easement for the Belk Greenway Connector
from South Mint Street to South Church Street. During site construction, GSLH will perform trail
preparation in the easement area, including construction of a retaining wall and completion of rough
grading. The City will reimburse GSLH according to City policy for the work performed related to the
trail. Proceeds from the sale of the two properties will be encumbered to help finance the
reimbursement, which will not exceed $610,000.
§ The offer from GSLH includes the following terms:
- Price of $610,000,
- A revision to Approved Plan that includes a trail easement must be approved by the City
prior to closing, and
- Closing shall occur no later than October 1, 2017. A separate GSLH contract closing is
contingent upon the successful closing of this transaction.
§ As part of the mandatory referral process, the Planning Commission reviewed the transaction on July
18, 2017, and provided no additional comments.
§ This transaction is consistent with the City-Owned Real Estate and Facilities Policy, adopted by City
Council in June 2017.
Fiscal Note
Funding: Private Developer Funds
Attachments
Attachment(s)
Map
Budget Ordinance
Resolution
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Location Map - Sale of City-owned Property on South Mint Street
EPM ord 9-11-17 GSLH
Resolution
Adjournment
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REFERENCES
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49. 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
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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.
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50. Reference - Property Transaction Process
Property Transaction Process Following City Council Approval for Condemnation
The following overview is intended to provide further explanation for the process of property transactions
that are approved by City Council for condemnation.
Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During
this time, City staff continues to negotiate with the property owner in an effort to reach a mutual
settlement.
§ If a settlement is reached, the condemnation process is stopped, and the property transaction
proceeds to a real estate closing.
§ If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations
continue between the property owner and the City’s legal representative. Filing of the
condemnation documents allows:
- The City to gain access and title to the subject property so the capital project can proceed
on schedule.
- The City to deposit the appraised value of the property in an escrow account with the Clerk
of Court. These funds may be withdrawn by the property owner immediately upon filing, and
at any time thereafter, with the understanding that additional funds transfer may be required
at the time of final settlement or at the conclusion of litigation.
§ If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast
majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively
engaged with the property owner to continue negotiations throughout litigation.
- North Carolina law requires that all condemnation cases go through formal non-binding
mediation, at which an independent certified mediator attempts to facilitate a successful
settlement. For the minority of cases that do not settle, the property owner has the right
to a trial by judge or jury in order to determine the amount of compensation the property
owner will receive.
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51. 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.
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