CITY COUNCIL MEETING Monday, April 27, 1998 5:00 p.m. Conference Center Dinner Briefing (See Table of Contents) 6:30 p.m. Meeting Chamber Invocation Pledge of Allegiance Awards and Recognitions Citizens Forum 7:00 p.m. Formal Business Meeting 1998 Council Retreat Priorities Top Priorities for 1998 Transportation Plan (20 years plus) Transit Plan and Tax Westside Strategic Plan Community Oriented Policing: Evaluation and Direction Connectivity: Neighborhoods and Road System: Policy Direction High Priorities for 1998 Court System Expansion Parking Garage / Convention Hotel Trolley Corridor Plan State Roads Strategy Airport Plan: Implementation Neighborhood Business Revitalization Strategy and Action Plan Business Retention Strategy and Action Plan CITY COUNCIL AGENDA Monday, April 27, 1998 TABLE OF CONTENTS Item No. Page No. Attachment No. 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. Children's Services Network 1 1 2. Council Committee Reports (by exception) 1 A. Restructuring Government: Proposed Shared Sick Leave Policy B. City Within a City: Consolidated Action Plan 6:30 CITIZENS FORUM MEETING CHAMBER 7:00 P.M. AWARDS AND RECOGNITIONS CONSENT 3. Consent Items 1 ZONING 4. Zoning Decision for Rezoning Petition Number 97-99 2 2 5. Zoning Decision for Rezoning Petition Number 98-15 2 3 6. Zoning Decision for Rezoning Petition Number 98-24 3 4 7. Zoning Decision for Rezoning Petition Number 98-29 3 5 Item No. Page No. Attachment No. PUBLIC HEARING 8. Public Hearing to Close a Portion of South College Street 4 6 POLICY 9. City Manager's Report 6 7 10. FY99 Consolidated Housing Action Plan 6 8 11. Shared Sick Leave Policy 8 9 12. Sidewalk Text Amendment 10 10 BUSINESS 13. Acquisition of Transit Corridor from Norfolk Southern Railroad 12 11 14. Airport Rental Car Concessions and Non-Tenant Rental Car Fees 13 15. Children's Services Network 15 12 16. Carolinas Urban Coalition Regional Land Use Map 17 13 17. Appointments to New Arena Committee 18 14 18. Appointments to Boards and Commissions 19 15-28 Item No. Page No. Attachment No. CONSENT I 19. Various Bids A. Franklin Water Treatment Plant Underground Storage Tank Replacement 24 B. Water and Sewer Main Construction - FY98 Contract #113 - Street Main Extensions 24 C. Mallard Creek Water Reclamation Facility Expansion 25 D. Plant Mix Asphalt 25 20. Refund of Certain Taxes 25 29 21. Resolution of Intent to Abandon Street and Set Public Hearing - "A" Street 26 30 22. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of an Unnamed Alley 27 31 23. Resolution of Intent to Abandon Street and Set Public Hearing - Railroad Street 27 31 24. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of Merriman Avenue 27 31 25. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of General Commerce Drive 27 32 26. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of Green Rea Road 28 33 Item No. Page No. Attachment No. CONSENT II 27. Year 2000 - Keane, Inc. Contract 29 28. Traffic Calming Road Humps 29 34 29. Set Public Hearing Date on Storm Water Fee 31 35 30. Modification to Regional Water and Wastewater Agreement with Lancaster County 32 31. Sanitary Sewer Rehabilitation - Professional Services Contract 33 32. Transit Grant Application, Resolution and Budget Ordinance 34 33. FY98 Annual Financial Audit Services Contract 35 34. Runnymede/Woodlawn/Selwyn Avenue Major Intersection Improvement 35 35. New Record Retention and Disposition Schedule for City Records 36 36 36. Police Tele-Conferencing Equipment and Video Booking System 37 37 37. Property Transactions 38 38. Meeting Minutes 39 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. Children's Services Network Speaker: Annette Nikonovich, Executive Director Time: 30 Minutes 2. Council Committee Reports (by exception) A. Restructuring Government: Proposed Shared Sick Leave Policy B. City Within a City: Consolidated Housing Action Plan 6:30 P.M. CITIZENS HEARING MEETING CHAMBER 7:00 P.M. AWARDS AND RECOGNITIONS CONSENT 3. Consent agenda items 19 through 38 may be considered in one motion except those items removed by a Councilmember. Items are removed by notifying the City Clerk before the meeting. Staff Resource: Julie Burch ZONING The following petitions were deferred on April 20, 1998 because the three quarter rule is in effect. 4. Zoning Decision for Rezoning Petition Number 97-99 Action: Consider decision on Petition No. 97-99 by Trammel Crow Residential for a change in zoning for approximately 18.52 acres located southwest of the Providence Road and Alexa Road intersection, just north of the Providence Commons Shopping Center,from R-3 to R-12 MF (CD). Explanation: A protest petition has been filed and is sufficient to invoke the 20% rule requiring affirmative votes of 3/4 of the Mayor and Councilmembers, not excused from voting, in order to rezone the property. The Zoning Committee voted to recommend approval of this petition, with the following modification: - Access south to Providence Road West/Ballantyne Commons Parkway through the abutting Providence Commons Shopping Center will be required through dedication and construction of a public road. Attachment 2 5. Zoning Decision for Rezoning Petition Number 98-15 Action: Consider decision on Petition No. 98-15 by Auto Inspector, Inc. for a change in zoning for approximately 0.57 acres located on the southeast corner of Central Avenue and Carolyn Drive from O-2 to NS. Explanation: A protest petition has been filed and it is sufficient. The Zoning Committee voted to recommend denial of this petition. Attachment 3 6. Zoning Decision for Rezoning Petition Number 98-24 Action: Consider decision on Petition No. 98-24 by Hewitt Drive Properties, LLC, for a change in zoning for approximately 27.5 acres located on both sides of Hewitt Drive west of Sugar Creek Road in Derita from R-3 to R-6. Explanation: Protest petitions have been filed and both are sufficient. The Zoning Committee voted to recommend approval of this petition with the following modifications: - The two cul-de-sacs on the eastern side of the project would be tied together into a loop pattern. - An improved common open space area will be provided. Attachment 4 7. Zoning Decision for Rezoning Petition Number 98-29 Action Consider decision on Part D of Petition No. 98-29 by Babak Emadi (various North Charlotte property owners) to rezone from R-3 to NS. A valid protest petition exists for this portion of the petition, which is Tax Parcel 083-071-10. Council approved the rest of this petition on April 20. Explanation: The Zoning Committee recommended approval of this petition. Attachment 5 PUBLIC HEARING 8. Public Hearing to Close a Portion of South College Street Action: A. Conduct a public hearing to abandon a portion of South College Street; and B. Adopt the Resolution to Close. Staff Resource: Scott Putnam Policy: To abandon right-of-way that is no longer needed for public use. Explanation: North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. The Charlotte Department of Transportation has received a petition to abandon public right-of-way and is requesting this Council Action in accordance with the statute. Petitioner: George H. Talbot Right-Of-Way to be abandoned: A portion of South College Street Location: From approximately 325 feet southeast from Bland Street to its end Reason: To incorporate the right-of-way into adjacent property owned by the petitioner and abutting property owners Notification: In accordance with City Policy, the Charlotte Department of Transportation (CDOT) has sent abandonment petitions to adjoining property owners, neighborhood associations, private utility companies, and City Departments for review. Adjoining property owners - No objection Neighborhood Associations - Strawn Apartments Residents Organization - No objection Red Carpet (CHA) - No objection Wilmore Neighborhood Association - No objection Private Utility Companies - No objection City Departments - Review has identified no apparent reason this closing would: 1. Be contrary to the public interest; or 2. Deprive any individual(s) owning property in the vicinity reasonable ingress/egress to property as outlined in the statutes. Attachment 6 Map POLICY 9. City Manager's Report Attachment 7 10. FY99 Consolidated Housing Action Plan Action: Approve the recommendation from Council's City Within a City Committee to approve the FY99 Consolidated Housing Action Plan in order for the City of Charlotte to received the proposed federal grant allocation of $6,999,000 for the period from July 1, 1998 to June 30, 1999. Committee Chair: Rod Autrey Staff Resource: Stanley Watkins Focus Areas: City Within a City and Community Safety Policy: On May 8, 1995, Council adopted a Five-Year Consolidated Housing Action Plan which describes the City's housing and community development strategies and priorities for FY1996-2001 as required by the Department of Housing and Urban Development (HUD). Each year, in order to receive federal funds, entitlement cities must also submit a One-Year Consolidated Housing Action Plan describing activities and funding levels for the upcoming fiscal year and indicating any changes to the Five-Year Plan. Explanation: The City's FY99 Consolidated Housing Action Plan is due to HUD on May 15, 1998. Submission of this One-Year Action Plan by that date is required in order for the City to receive an estimated $6,999,000 in new federal funds. The proposed federal funds are included in four grant applications: Community Development $4,530,000 Block Grant (CDBG) HOME Investment 1,929,000 Partnerships (HOME) Emergency Shelter Grant (ESG) 179,000 Housing Opportunities for 361,000 Persons With AIDS (HOPWA) Total $6,999,000 The FY99 Consolidated Housing Action Plan shows how the City proposes to use federal and local funds to implement housing and community development strategies to serve low and moderate income persons. A description of how the City proposes to use the federal grant allocations is provided in the Attachment. A copy of the FY99 Consolidated Housing Action Plan has been placed in the Council Library. To leverage the federal grant funds, the City will use approximately $20 million more in other federal and local funds to support housing and community development activities. These funds will address other areas vital to community revitalization such as code enforcement, housing counseling, housing subsidies, public infrastructure, job training and business development. Both federal and local funds represent strategic investments to achieve the City's goals for the City Within a City area. Committee Discussion: The FY99 Consolidated Housing Action Plan was presented to the City Within a City Committee on April 15, 1998. The Committee voted 3-0 (Rod Autrey, Tim Sellers and Sara Spencer) to recommend approval of the FY99 Consolidated Action Plan. Committee members Patrick Cannon and Mike Jackson were not present. The Committee discussed the City's partnership with the banks as it relates to the Community Reinvestment Act (CRA). Staff prepared a presentation outlining the unique mix of services provided by Neighborhood Development to include information on the leveraging of local dollars vs. private dollars. Community Input: The City held six focus group meetings and two citizen forums to obtain input on the development of the Consolidated Housing Action Plan. A draft copy of the FY99 Consolidated Housing Action Plan was made available to the public from March 20, 1998 to April 20, 1998 for review and comments. Funding: Federal CDBG, HOME, ESG and HOPWA funds. Appropriation of funds covered by the FY99 Consolidated Action Plan will be part of the FY99 budget. Attachment 8 Use of Federal Grant Allocations CWAC Committee Report 11. Shared Sick Leave Policy Action: Approve the recommendations from Council's Restructuring Government Committee to amend the Personnel Rules and Regulations to include a shared sick leave policy and to grant the City Manager the authority to make revisions to the policy. Committee Chair: Charles Baker Staff Resource: Bill Wilder Focus Area: Restructuring Government Policy: The current policy provides twelve sick days per year to employees for personal illness or the illness of immediate family members. Unused sick days are carried over each year. Explanation: The shared sick leave policy is proposed to provide additional sick leave for employees who are faced with a personal catastrophic illness or the catastrophic illness of an employee's immediate family member. Illnesses and injuries that are job related are excluded from consideration. Additional sick leave in an amount not to exceed 45 days may be granted when an employee exhausts all accrued sick and vacation leave and short term disability benefits. The additional sick leave days which may be granted will result from the voluntary contribution of one or more days of accrued sick leave annually by employees who elect to participate in the program. Employees would not be reimbursed for sick leave contributions, but would be eligible for the program. By structuring the program in this manner, overall benefits for City employees are not being increased. Attached is a copy of the materials reviewed with the Restructuring Government Committee, including the highlights of how the policy will work and the proposed policy. Background: City employees receive paid leave that can be used for personal illness or the illness of a family member. In addition, the employees' benefits program provides an accident and sickness plan for employees that pays 50% of an employee's weekly salary for an employee's personal illness or injury that is not work related. An employee must exhaust all sick leave before the accident and sick plan is activated and their benefits can continue for as long as six months. Under usual circumstances the current leave policies are adequate. Occasionally, however, an employee experiences a personal catastrophic illness or the catastrophic illness of a family member, and has to deplete all paid leave due to the illness. The financial burden on the employee can be devastating. The need for the recommended shared sick leave policy surfaced as a result of a police officer appearing before Council to express his concern about the financial difficulties that a fellow officer experienced when faced with a catastrophic illness of a family member. The police officer proposed the shared sick leave concept and the matter was referred to the Restructuring Government Committee. The Human Resources Department has received similar requests for leave from other employees. An employee focus group, along with the police officer, reviewed the concept and designed the shared sick leave policy. The Police Chief and other members of the City's Executive Team endorse the proposed policy. After implementation, it may be necessary to make minor policy revisions. The adoption of a shared sick leave policy and the delegation of authority to the City Manager to make changes to that policy must be approved by City Council. Committee Discussion: On February 23, 1998, the Restructuring Government Committee (Baker, Reid, Jackson, Spencer and Greene) met and discussed the proposed policy. The Committee voted 2-1 to approve the amended policy. Councilmembers Baker and Spencer voted in favor of recommending the policy to Council. Councilmember Reid was opposed. Attached is a copy of the Committee's Report. Funding: There are no out-of-pocket costs to implement a shared sick leave program. Attachment 9 Committee Report 12. Sidewalk Text Amendment Action: Consideration of the vetoed motion to amend Sections 8.110 and 8.140 of the City of Charlotte Subdivision Ordinance to require additional sidewalk construction on new streets as part of the subdivision process. Sidewalk would be required on both sides of arterial streets Sidewalk would be required on both sides of collector streets Sidewalk would be required on one side of local residential streets Sidewalk would be required on one side of local residential limited streets (cul-de-sac streets) excluding the bubble The effective date of this amendment will be ninety (90) days after its date of adoption Staff Resource: Linda Beverly Focus Areas: Economic Development and Transportation Policy: The current sidewalk policy provides for sidewalks on both sides of arterial streets (developer responsible for project side); sidewalk on one side for collector streets; and sidewalk on one side of local residential streets (see attachment for additional information). Explanation: City Council voted on April 20, 1998 on the proposal presented by Councilman Autrey. The vote was 6-4 in favor of the motion. Mayor McCrory vetoed the decision. As stated in Section 3-23 of the Charlotte City Charter, the Mayor may veto any action adopted by the City Council. An action vetoed by the Mayor shall automatically be on the agenda at the next regular or special meeting. An action vetoed by the Mayor shall not become effective unless it is re-adopted by the Council with at least seven (7) members voting in the affirmative. If seven (7) Council members do not vote in the affirmative, the action fails. The Council may then consider new motions. Six (6) affirmative votes of the Council members are required for the passage of a different motion. The Mayor would vote in the case of a tie vote. Community Input: Public Hearings were held on February 16, 1998 and March 16, 1998. Attachment 10 Comparison of Sidewalk Alternatives BUSINESS 13. Acquisition of Transit Corridor from Norfolk Southern Railroad This item relates to two 1998 Council Retreat Priorities: Transportation Plan (20 years plus) and Transit Plan and Tax. Action: Approve the Contract of Purchase and Sale with Norfolk Southern Railroad for Charter Right-of-Way along the south rail corridor from Scaleybark Road to Stonewall Street for $1.72 million. Staff Resource: Kent Winslow Focus Areas: Economic Development and Transportation Explanation: One of the City's five radial transit corridors lies along South Boulevard and the Norfolk Southern Railroad line. Norfolk Southern no longer uses the rail corridor from Scaleybark Road to Stonewall Street, and has agreed to sell its charter rights to the City as a step in the City's acquisition of the transit corridors. The purchase involves charter rights along 2.89 miles of corridor, connecting with two previously acquired segments - the Convention Center site and the North Carolina Railroad corridor from Second Street to Twelfth Street. Charter rights are a form of right-of-way over private property, given to railroad companies for rail purposes only. The subject corridor was originally granted charter rights in 1848. The sale is contingent upon the City being able to include other transportation uses within the rail corridor. Norfolk Southern and the City would jointly apply for "Rails to Trails" status under the Trails Act. The Trails Act allows rail corridors to be used for several purposes: rail, transit, trolley, buses, bike paths, sidewalks, etc. The City will accept the corridor "as is" with no warranties for title or condition of the property. Environmental investigations are underway to determine soil conditions. We are not aware of any significant contamination; however, we have the option not to purchase the property if tests indicate excessive contamination. Closing of the sale would occur late in 1998, allowing time for the City's due diligence. The value of the rail corridor was based on values of adjoining and neighboring properties, discounted for "charter rights," and determined by an independent real estate appraiser. Funding: Transit Corridor Protection Capital Account Attachment: 11 Map 14. Airport Rental Car Concessions and Non-Tenant Rental Car Fees Action: A. Approve a 5-year contract extension with Holliday Auto Rental, Inc. (dba Payless Rent-A-Car) to operate the designated Disadvantaged Business Enterprise (DBE) Rental Car Concession; and B. Extend existing concession contracts eliminating a minimum guarantee until five year concession contracts are rebid and awarded. Staff Resource: Jerry Orr Focus Area: Economic Development Explanation: The Airport generated $61 million in rental car business for 10 companies in 1997. Eight of these companies (Alamo, Avis, Budget, Dollar, Hertz, National, Payless and Triangle) have concession agreements with the Airport and have counter space in the terminal building. This action is necessary since existing concession agreements are scheduled to expire April 30, 1998. It is being presented for consideration in two parts: 1. The Airport's FAA-approved Disadvantaged Business Enterprise (DBE) Program provides for one tenant rental car company to be operated by a qualified minority. Holliday Auto Rental, Inc. (dba Payless Rent-A-Car) meets these requirements. Council approved the original agreement with Holliday in 1992 as the DBE replacement for the bankrupt ATC Corporation. Holliday has successfully operated as a Payless franchisee since that time. This contract extension will be similar to their existing contract which requires concession fees of 10% of gross receipts, ground rent, and facility rental amounting to $29,947 per year. 2. Seven tenant companies (Alamo, Avis, Budget, Dollar, Hertz, National and Triangle) bid for their positions five years ago, and their concession agreements will expire on April 30, 1998. Triangle Rental Car has requested that until new contracts are awarded, their minimum annual guarantee, which was bid five years ago, be waived. Triangle is a small, regional rental car company which depends upon their local network for business. During the past five years, they have never been able to achieve revenues at a level high enough to exceed their minimum guarantee. In fact, their minimum payments to the Airport correlate to approximately 19% of their gross revenues. Triangle may or may not bid for a terminal concession during the next round; however, they do intend to remain in business at Charlotte. To be consistent, it is recommended that the existing concession agreements for tenant rental car companies be extended for the interim period and that the minimum guarantee provisions be waived for that period until new concession contracts can be awarded. Background: In 1982, in conjunction with the new terminal concession plans, City Council approved that one of six rental car operations at the Airport be designated for a Disadvantaged Business Enterprise (DBE) operator. On April 12, 1993, Council awarded five year concession agreements for rental cars to seven (7) companies (Alamo, Avis, Budget, Dollar, Hertz, National, Payless and Triangle) based upon a competitive bid process. Community Input: The Airport Advisory Committee recommends this action. 15. Children's Services Network Action: Consider $25,000 payment to the Children's Services Network (CSN) as part of the FY98 contract. Council Representatives: Rod Autrey, Mike Jackson and Al Rousso Staff Resource: Curt Walton Explanation: Since 1993, the City has contributed $50,000 annually to Children's Services Network. For the current budget, City Council again approved $50,000, but with the following stipulations: - the first $25,000 was to be paid in July 1997; and - the second $25,000 was to be held until Council determined the following three conditions had been met: 1. A determination had been made by CSN's five sponsors (City, County, School Board, Chamber and United Way) regarding the future of the organization. 2. A strategic plan had been developed that addresses how CSN's goals will be accomplished; and 3. A plan had been developed that addressed board diversification. Council Discussion: At Council's March 2, 1998 Workshop, CSN Executive Director, Annette Nikonovich, addressed the contractual stipulations. On the question of the release of CSN's remaining $25,000, the Council vote ended in a 4-4 tie. Council asked that CSN's request be placed on a future Council agenda. Council also asked CSN to address the following questions: 1. What specifically is CSN going to do and when will it be complete? 2. How will child advocacy groups within the community use information compiled by CSN? CSN's Response: CSN's response to the contractual stipulations is attached. This is the same information presented at the March 2 Workshop. CSN's response to the two later Council questions is also attached. Attachment 12 CSN's contract response (from March 2, 1998) CSN's response to Council questions Letter of support from the YMCA 16. Carolinas Urban Coalition Regional Land Use Map Action: Adopt a resolution endorsing the Charlotte portion of a regional map which depicts future land use patterns over the next 10-15 years. Council Resource: Lynn Wheeler Staff Resource: Dick Black Explanation: Each member of the Carolinas Urban Coalition is being asked to endorse their respective portion of a regional future land use map. The map represents a joint collaborative effort between the Carolinas Urban Coalition and the Centralina Council of Governments and covers future land use patterns for more than 40 local governments lying within an approximate 20 mile radius of Charlotte. City Council is being asked to endorse that portion of the map lying within the City and the City's Sphere of Influence. - The map is not intended to serve as or replace an officially adopted land use map nor as a land use plan; rather, it is intended to show in a unified manner, the likely path in which the region as a whole will be developing. - The Coalition intends to use this map as a basis for the region's local governments to explore how each sees itself growing in the future. It will give local governments a means of detecting potential significant land use conflicts at jurisdictional boundary lines. - The Coalition intends to add additional layers of data (location of public facilities, infrastructure, etc.) to this map once the map is endorsed by all Coalition member governments. - The map was developed by Planning Commission staff through the Carolinas Urban Coalition. The Planning Commission staff converted the more detailed land use categories of the district plan maps into the generalized land use patterns of the regional map. - The Planning Commission staff prepared this map based on information depicted in the Council-adopted district plans, each of which were developed using a citizens study group. Attachment 13 Map 17. Appointments to New Arena Committee Action: Each Council Member will appoint one person to the New Arena Committee. Staff Resources: Del Borgsdorf and Brenda Freeze Explanation: The Committee will include citizens from the community, stakeholder organizations and governments. In addition to Council's appointments, the Mayor will appoint four members, including the Chair. This Ad Hoc Committee will: - Review previous studies and recommendations regarding the need for a new facility, and report these conclusions to Council by January 1, 1999. - Develop one or more models for funding, financing, ownership, etc., and report to Council by July 1, 1999. - Make recommendations to the City Council concerning public involvement on or before December 31, 1999. - Subject to the above process, complete a development and financing plan by December 31, 2000. Attachment 14 18. Appointments to Boards and Commissions Action: Vote on blue paper ballots and give to the City Clerk at dinner. A. AUDITORIUM-COLISEUM-CONVENTION CENTER AUTHORITY One, three-year position beginning May 1998. Bill Dukes is not eligible to be reappointed. 1. Cecil Cooke by Councilmember Baker 2. Peter Keber by Councilmember Autrey 3. Frank MacPherson by Councilmember Wheeler 4. Wayne Shusko by Councilmember Majeed 5. Bill Spears by Councilmember Jackson Attachment 15 B. CERTIFIED DEVELOPMENT CORPORATION One appointment beginning May 1998 for three years to represent a private lending institution. William Potts is not eligible to be reappointed. 1. Steven Kent May by Councilmember Jackson 2. Robert Kent Waits by Councilmember Wheeler Attachment 16 C. CITIZEN'S OVERSIGHT FOR CABLE TV One appointment beginning immediately to fill an unexpired term ending March 31, 2000. James Blane has resigned. 1. Glenda Manning by Councilmember Cannon 2. Gregory Ritch by Councilmember Sellers 3. Ben Weinreb by Councilmember Jackson Attachment 17 D. CLEAN CITY COMMITTEE One position beginning immediately and ending June 30, 2000 to replace Harold Grier, who did not meet attendance requirements, and one three- year appointment beginning July 1, 1998 to replace Theresea Elder. 1 John Clement by Councilmember Cannon 2. Debra Jones by Councilmember Sellers Attachment 18 E. COMMUNITY RELATIONS COMMITTEE One appointment beginning July 1998 for three years. Kenneth Thomas does not wish to be reappointed. 1. Gloria Ross Cockerham by Councilmember Greene 2. James Samuel by Councilmembers Cannon and Spencer 3. Nick Secali by Councilmember Reid 4. Ruth Tansill by Councilmembers Autrey, Jackson and Wheeler Attachment 19 F. HISTORIC DISTRICT COMMISSION One, three-year appointments beginning July 1, 1998 to represent a residential property owner in Plaza Midwood. David Parke is not eligible to be reappointed. 1. Terri Arrowood by Councilmember Spencer 2. Joseph Wynn by Councilmember Wheeler. (Mr. Wynn is ineligible because he does not own property in Plaza Midwood.) Attachment 20 G. HISTORIC LANDMARKS COMMISSION One appointment beginning immediately to fill an unexpired term ending July 1999. Stephen Cox has resigned. 1. Lionel Bass by Councilmember Reid 2. Mohsen Ghoreishi by Councilmember Autrey 3. Ed Maciejewski by Councilmember Jackson 4. David Grier Martin by Councilmember Sellers 5. John Parker by Councilmember Spencer Attachment 21 H. MINT MUSEUM BOARD OF TRUSTEES One, three-year appointment beginning August 1998. Michael Blair is not eligible to be reappointed. 1. Chris Keber by Councilmember Autrey 2. Gloria Medlock by Councilmember Reid 3. Teal Michel by Councilmember Wheeler 4. Mark Smith by Councilmember Baker Attachment 22 I. NEIGHBORHOOD MATCHING GRANTS COMMITTEE Two appointments beginning May 1998 to serve two year terms. Eleanor Washington, representing a Neighborhood Organization Leader, is not eligible to be reappointed. Susan Russell, representing a non-profit organization, is not eligible to be reappointed. Neighborhood Leader: 1. Alisa Watson Delgado by Councilmember Cannon 2. Gwendolyn Brown Johnson by Councilmember Reid 3. Samuel Love by Councilmember Majeed Non Profit Organization: 1. Bob Beal by Councilmember Reid 2. Steve Fountain by Councilmember Greene Attachment 23 J. PAROLE ACCOUNTABILITY COMMITTEE One appointment beginning immediately to fill an unexpired term ending June 2000. Kimberly Baker did not meet attendance requirements. 1. Charles Spell by Councilmember Rousso 2. Richard Stasczak by Councilmember Reid 3. Barbara Washington by Councilmember Wheeler Attachment 24 K. PLANNING COMMISSION One, three-year position beginning July 1, 1998. Ike Heard, Jr. is not eligible to be reappointed. 1. Mike Castano by Councilmember Reid 2. Dot Hailey by Councilmember Spencer 3. Rick Hood by Councilmember Jackson 4. Karen Jones by Councilmember Wheeler 5. Michael Martin by Councilmember Cannon 6. William Rakatansky by Councilmember Rousso 7. Bill Strain by Councilmember Sellers 8. Jackie Edwards Walton by Councilmember Greene 9. Ronald Wooten by Councilmember Baker Attachment 25 L. SISTER CITIES COMMITTEE Three, two-year appointments beginning May 1998. Robert Percival and Tawana Wilson-Allen do not wish to be reappointed; Patricia Craig is not eligible to be reappointed. 1. Melissa Madura Altmann by Councilmember Cannon 2. Mary Boyd by Councilmember Cannon 3. Aukram Burton by Councilmember Rousso 4. Elyn Dortch by Councilmember Spencer 5. Robert Fudge by Councilmember Rousso 6. Audrey Gatewood by Councilmember Spencer 7. Judith Ghoneim by Councilmember Spencer 8. Sherise Jones by Councilmember Cannon 9. Anika Khan by Councilmember Majeed 10. Richard LeBel by Councilmember Jackson 11. Russell Miller by Councilmember Jackson Attachment 26 M. TREE ADVISORY COMMITTEE One position beginning immediately and expiring June 30, 2001. David Van Covern has resigned. 1. James Basinger by Councilmember Autrey 2. Peter Franz by Councilmember Spencer 3. Robert Miller by Councilmember Jackson 4. Mason Siers by Councilmember Cannon Attachment 27 N. WASTE MANAGEMENT ADVISORY COMMITTEE One appointment beginning immediately to fill an unexpired term ending September 30, 1998 and the next full three year term to replace Nancy Wiggins, who has resigned. This committee no longer has categories. 1. Bryan Butler by Councilmember Spencer 2. Audrey Mershon by Councilmember Jackson 3. Jonathan Pullin by Councilmember Greene 4. Jennifer Williamson by Councilmember Reid Attachment 28 Introduction to CONSENT The consent portion of the agenda is divided into two sections: Consent I and Consent II. Consent I consists of routine items that have been approved in the budget, are low bid, and have met MWBD criteria. Consent II consists of routine items that have also been approved in the budget, but may require additional explanation. Minority and Women Business Development Program (MWBD) Abbreviations: BBE - African American ABE - Asian American NBE - Native American HBE - Hispanic WBE - Non-Minority Women CONSENT I 19. Various Bids A. Franklin Water Treatment Plant Engineering and Underground Storage Tank Replacement Property Management Recommendation: The City Engineer recommends the low bid of $236,280.00 from Jones and Frank Inc. of Charlotte, North Carolina. MWBD Compliance: There are no known MWBD firms certified to perform this work. Project goals were not set. B. Water and Sewer Main Construction - CMUD FY 98 Contract #113 - Street Main Extensions Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $808,705.70 by R. H. Price, Incorporated of Charlotte, North Carolina. MWBD Status: Amount % of Project Project Goals MBE $500 0.1% 2% WBE $808,205.70 99.9% 3% C. Mallard Creek Water Reclamation CMUD Facility Expansion Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low multiple-prime bid shown below: General Construction - Cajun Contractors, Inc. of Charlotte, North Carolina for $989,628 Electrical Construction - Watson Electrical Construction of Charlotte, North Carolina for $434,910. Total bid of $1,424,538. Cajun Contractors, Inc. MWBD Status: Amount % of Project Project Goals MBE $6,400 0.7% 3% WBE $59,760 6.0% 3% Watson Electrical Construction MWBD Status: Amount % of Project Project Goals MBE $0 0% 2% WBE $0 0% 1% MWBD Compliance: Yes. The Utility Department has reviewed the Contractor's documentation and determined that Watson will self-perform all the work on this project. D. Plant Mix Asphalt CDOT Recommendation: The Department of Transportation Key Business Executive recommends contracts be awarded by Section. The bids are arranged by section, each geographically surrounding one or more of the local asphalt plants, and reflects the low bid when including the estimated hauling cost. MWBD Compliance: Yes, there are no known MWBD vendors. Summary of Bids: COMPANY AWARD Section I: Northeast (Charcon Court & Owen Blvd.) APAC $177,154.55 (Goodman Road) Section II: Southeast (Kilcullen Drive & Kelford Lane) Crowder Construction $383,333.55 (Sam Newell Plant) Section III: Southwest (South Blvd. & Mustang Lane) APAC $270,788.05 (Old Nations Ford) Section IV: West (Winona Street) Rea Construction $737,198.00 (Lancaster Street) Section V: North (Old Statesville Road & Oak Drive) Crowder Construction $208,893.60 (Reames Road) Total $1,777,367.75 20. Refund of Certain Taxes Action: Adopt a resolution authorizing the refund of certain taxes assessed through clerical or assessor error in the amount of $1,462.26. Attachment 29 21. Resolution of Intent to Abandon Street and Set Public Hearing - "A" Street Action: A. Adopt the Resolution of Intent to abandon "A" Street; and B. Set a Public Hearing for May 26, 1998. Attachment 30 Map 22. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of An Unnamed Alley Action: A. Adopt the Resolution of Intent to abandon a portion of an Unnamed Alley; and B. Set a Public Hearing for May 26, 1998. Attachment 31 Map 23. Resolution of Intent to Abandon Street and Set Public Hearing - Railroad Street Action: A. Adopt the Resolution of Intent to abandon Railroad Street; and B. Set a Public Hearing for May 26, 1998. Attachment 31 Map 24. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of Merriman Avenue Action: A. Adopt the Resolution of Intent to abandon a portion Merriman Avenue; and B. Set a Public Hearing for May 26, 1998. Attachment 31 Map 25. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of General Commerce Drive Action: A. Adopt the Resolution of Intent to abandon a portion of General Commerce Drive; and B. Set a Public Hearing for May 26, 1998. Attachment 32 Map 26. Resolution of Intent to Abandon Street and Set Public Hearing - Portion of Green Rea Road Action: A. Adopt the Resolution of Intent to abandon a portion Green Rea Road; and B. Set a Public Hearing for May 26, 1998. Attachment 33 Map CONSENT II 27. Year 2000 - Keane, Inc. Contract Action: Approve a contract with Keane, Inc. of Charlotte, North Carolina for the provision of project management services for Year 2000 remediation, not to exceed $250,000. These services are available to the City through the State Contract. Explanation: Approval of this contract will provide the City access to Project Management Services to: 1. establish a Business Continuity Plan to prevent the interruption of services or operations due to Year 2000 related problems; 2. develop and implement a contingency plan for replacement systems; 3. manage a test site for Year 2000 testing of the City's systems; and 4. manage the Year 2000 Remediation, and upgrade project vendors to ensure successful completion of the project. Council was briefed on the Year 2000 project at the March 17 Budget Retreat. Funding: Technology Fund 28. Traffic Calming Road Humps Action: A. Award Traffic Calming Road Humps contract to Rearden Industries, Inc. d/b/a Carolina Asphalt, Charlotte NC, for $250,402.88. B. Approve a list of streets to receive road humps (list of streets included in the attachment). Explanation: City Council approved funding of Traffic Calming Road Humps in the CIP budget for 1998-99 as a method of addressing neighborhood cut-through traffic and speeding. In June 1997, CDOT experimented with road humps by constructing 31 on ten streets. The test results showed the road humps reduced speeds by three to ten miles per hour. This contract will provide funds to construct approximately 100 plain road humps and 29 decorative road humps (asphalt is stamped then painted to resemble brick) on 40 streets. All of the road humps were requested by the neighborhood and supported by a 75% neighborhood petition of residents on the affected streets. All of the road humps were requested by neighborhoods except: - Billingsley Road - requested by Social Services - Water Ridge Parkway - requested by Lake Pointe Business Park Although the contract amount exceeds the Council approved $225,000, the remainder of the contract will be funded by: - neighborhoods paying for the decorative option; - neighborhoods paying for additional road humps beyond the number recommended by CDOT; - Powell Bill (street maintenance/gas tax) paying for the Billingsley Road hump; and - Childress-Klein, the developer of Lake Pointe Business Park paying for the Water Ridge road hump. MWBD: Contractor will self perform. Summary of Bids: Carolina Asphalt $250,402.88 United Construction $268,320.00 Blythe Development $359,892.00 Funding: General Capital Improvement Fund Attachment 34 Streets to Receive Speed Humps During 1998 29. Set Public Hearing Date on Storm Water Fee Action: Approve a May 19, 1998 joint public hearing with the Board of County Commissioners on changes to the storm water fee. Explanation: The proposed FY99 Capital Investment Plan includes an increase in the monthly storm water fee. According to State law and the City/ County Interlocal Agreement on storm water services, the Board of County Commissioners must convene a joint public hearing with the City Council before the adoption of new storm water fees. The Board of County Commissioners requests that this year's public hearing be held at 6:30 p.m., May 19, 1998, during their regular semimonthly board meeting. On June 8, 1998, City Council will be asked to approve the new storm water fee. The following chart illustrates the increase for the different components of the monthly Storm Water fee paid by Charlotte single family homeowners. FY98 Rates Proposed Increase FY99 Rates City of Charlotte $2.57 .25 $2.82 Mecklenburg County .78 .00 .78 Fixed charge .48 .00 .48 Total $3.83 .25 $4.08 The Storm Water Citizens Advisory Committee has recommended approval of the proposed fee and the FY99 Storm Water budget. Attachment 35 Issues and Answers 30. Modification to Regional Water and Wastewater Agreement with Lancaster County Action: Approve a modification to the Agreement for Sale of Water and for Treatment of Wastewater between the City of Charlotte and Lancaster County Water & Sewer District. Explanation: John Wieland Homes has requested a modification to the regional agreement between the City of Charlotte and Lancaster County Water & Sewer District. This agreement was approved by Council on March 25, 1998. The modification provides for construction of the water lines, wastewater collection lines and other facilities in phases, rather than in their entirety as a single construction project. On March 23, 1998, City Council approved an agreement between the City of Charlotte and the Lancaster Water & Sewer District. This agreement was derived from a request from a developer, John Wieland Homes, who wished to build a residential development on land that lies on the Mecklenburg-Lancaster County line. This agreement provided for: - the District to sell to the City up to 300,000 gallons per day of water from the District's system located on U.S. 521 at the County line. This will serve portions of the development located in Mecklenburg County, and; - the City to treat up to 130,000 gallons per day of wastewater from the District at the City's McAlpine Creek treatment facility. Funding: The Applicant has deposited 100% of the estimated project cost. 31. Sanitary Sewer Rehabilitation - Professional Services Contract Action: Approve a professional services contract with USInfrastructure (USI) to provide design and construction management services for sanitary sewer rehabilitation of the Central Business District (CBD) Phases II and III and other sewer rehabilitation projects as they arise. The contract will not exceed $650,000. Explanation: This contract will allow USI to provide design and construction management services related to the rehabilitation of up to 53,000 linear feet (10 miles) of sanitary sewer pipe, ranging from 4 to 24 inches in diameter, in the CBD area. This rehabilitation was recommended in a sanitary sewer evaluation study completed for this area due to inflow/infiltration problems. Central Business District Phases II and III include the area bordered by Morehead Street, East Trade Street, Belk Freeway East, and South Tryon Street. This agreement will also authorize design and construction management services for rehabilitation projects as they arise. These projects will include: - evaluation of old and deteriorated areas that have been maintenance problems for many years; - evaluation of sanitary sewer overflows as they are reported to Charlotte Mecklenburg Utilities or to the Environmental Protection Agency. USI was selected based on the City's approved consultant selection process. Funding: Water and Sewer Capital Improvement Plan 32. Transit Grant Application, Resolution and Budget Ordinance Action: A. Adopt a resolution authorizing a grant application to the Federal Transit Administration (FTA) and the North Carolina Department of Transportation (NCDOT) for financing the purchase of seven replacement buses. B. Adopt a resolution amending the FY98-2002 Capital Investment Plan; and C. Adopt a budget ordinance appropriating $1,964,835. Explanation: The FY98 Federal budget included $4,983,868 which Congress"earmarked" for North Carolina's urban transit capital needs. NCDOT has allocated about one-third of these discretionary funds to Charlotte for the replacement of seven 1982 buses. These replacement buses will be accessible to the disabled, moving the City closer to compliance with the Americans with Disabilities Act. The 1982 buses to be replaced have traveled an average of 425,000 miles. These buses rank high on our priority list for scheduled replacement due to age, maintenance costs, and need to comply with the American with Disabilities Act. Following approval of this grant, the City will only have four 1982 buses which must be replaced. A financial summary of the grant application is shown below: FTA (80%) $1,571,868 NCDOT (10%) 196,483 CITY (10%) 196,484 33. FY98 Annual Financial Audit Services Contract Action: Approve a contract with Deloitte & Touche LLP for $80,300 to provide audit services for the fiscal year ending June 30, 1998. Policy: Audit services are to be provided by an independent auditing firm on a rotating basis for periods not to exceed four years pursuant to receiving and evaluating audit proposals. Explanation: State law requires that the City engage a certified public accountant at the end of each fiscal year to audit the accounting records, evaluate internal controls and audit the annual financial report. Deloitte & Touche LLP was selected as the City's auditing firm in 1996. This will be the firm's third year to provide audit services. Funding: Various funds (General, Water and Sewer, Airport, Public Transportation, Community Development, Employment and Training, Risk Management and Storm Water). 34. Runnymede/Woodlawn/Selwyn Avenue Major Intersection Improvement Action: Approve agreement for $95,162 with The LPA Group of North Carolina for engineering planning services for Runnymede/Woodlawn/Selwyn Avenue Major Intersection Improvement Project. Explanation: Funding for this intersection improvement was included in the November 5, 1996, voter-approved $66.4 million Street Bonds. This agreement is for Phase I including surveying and planning services which will provide for improvements to the intersection of Runnymede/Woodlawn/ Selwyn Ave. This agreement may be amended for future phases including design, bid phase, and construction services. This project will allow for the continued implementation of major intersection improvements as prioritized in the City's Traffic Operations Plan. Engineering & Property Management has recently entered into another agreement with LPA for Selwyn Avenue safety improvements. LPA was selected using the Council-approved process. The cost of these services is comparable to the cost of similar work for other transportation projects. MWBD: 10% WBE, & 20% HBE Funding: General Capital Improvement Fund 35. Adopt New Record Retention and Disposition Schedule for City Records Action: Approve resolution to adopt new Record Retention and Disposition Schedule for City records and approve addition to this schedule for Police Department Videos. Explanation: On September 24, 1984, Council adopted the State Retention and Disposition Schedule by resolution. Thereafter, each department and the City Clerk's Office has followed that schedule for retainage and disposition of records. The N.C. Department of Cultural Resources, Division of Archives and History has issued a new Municipal Records Retention and Disposition Schedule. The Council is now being asked to approve this new Schedule along with an amendment to the Charlotte Schedule requested by Charlotte-Mecklenburg Police Department for videos produced by security cameras within the Department and videos produced by the cameras in Police cars. This requested amendment is included in the Resolution. The videos will be disposed of after 90 days unless the video is evidence for a case. The new schedule is substantially the same as the old one with some clarifications and additions. This will represent no change in the way we presently maintain the City's records except to follow the new schedule upon adoption by Council. The current schedule is always on file in the City Clerk's Office and is made available to all departments. Attachment 36 Description of the Schedule Description of the CMPD Amendment written by Division of Archives and History Resolution 36. Police Tele-Conferencing Equipment and Video Booking System Action: A. Approve the Governors Crime Commission Grant for video tele-conferencing equipment purchase and installation for the Video Booking System. B. Adopt a budget ordinance totaling $65,025. Explanation: The primary objective of this program is to alleviate the time delays and process inefficiencies for police officers obtaining arrest warrants through the strategic placement of five audio-video warrant stations throughout Mecklenburg County. At present, delays of up to four hours can occur, depending on the officer's location in the County, travel time to the centrally located Magistrate's Office, parking problems, and the length of the wait to see the magistrate. Police officer contact with magistrates through video-conferencing will expedite delivery of officer testimony and presentation of physical evidence to secure an arrest warrant. Local law enforcement agencies will provide more efficient police services to the remote communities and towns within Mecklenburg County through improvements to the arrest warrant application process. The use of prescheduled audio-video contact times could allow magistrates to control part of their daily workload. The program is supported by the Mecklenburg County Sheriff's Department, the court system, and the police chiefs of the towns located in Mecklenburg County. Funding: The budget ordinance appropriates $48,768.75 (75%) from the North Carolina Department of Crime Control and Public Safety and $16,256.25 (25%) from Assets Forfeiture Funds. Attachment 37 Council Meeting April 27, 1998 North Carolina Department of Crime Control and Public Safety, Division of Governor's Crime Commission, Grant Application: Video Booking 37. Property Transactions Action: Approve the following property acquisitions (A-B). Acquisition: A. Project: Colony Road Extension Phase II, Parcel #10 Owner(s): Thomas A. Guarino & wf., Anne N. Guarino Property Address: 4200 Rea Road Property to be Acquired: 3,330 sq.ft. (0.08 ac.) plus 4,091 sq.ft. (0.09 ac.) of temporary construction easement. Improvements: Trees & shrubs Purchase Price: $12,600 Remarks: Area needed for construction of road extension project. Compensation based on current neighborhood land values and damages for proximity and landscaping. Zoned: R-3 Use: Single Family Residential Tax Value: $182,130 Tax Code: 211-241-13 B. Project: Master Plan Land Acquisition Owner(s): Anilox-Roll Co Inc. Property Address: 4840 Wallace Neel Road Property to be acquired: 5.001 acres Improvements: Warehouse Tax Value: $653,270 Purchase Price: $690,000 Remarks: The purchase price was determined by two independent appraisers and was reviewed by a third appraiser. Each appraisal takes into consideration the specific quality and quantity of the land. The tax value is determined on a more generic basis and will be higher or lower for land/ house with certain attributes. Property is acquired per Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement 38. Minutes Action: Approve minutes as follows: March 23, 1998 Business Meeting April 6, 1998 City Council Workshop