Mayor Patrick McCrory Mayor Pro Tem Susan Burgess Rod Autrey Don Lochman Patrick Cannon James Mitchell, Jr. Nancy G. Carter Sara Spencer Mike Castano Lynn Wheeler Malcolm Graham Joe White CITY COUNCIL MEETING Monday, December 13, 1999 5:00 p.m. Conference Center Dinner Briefing (See Table of Contents) 7:00 p.m. Meeting Chamber - Invocation - Pledge of Allegiance - Awards and Recognitions - Formal Business Meeting 1999 Council Retreat Priorities Top Priorities for 1999 Transportation Plan Policing Evaluation and Direction State Roads Action: Increased Funding Transit Plan and 1/2› Sales Tax: Implementation West Side Strategic Plan Implementation High Priorities for 1999 Corridor Plan Planning for the City: The Economic Development and the Center City Plan Court System: Expansion Business Retention Strategy and Action Plan Community Strategic Plan for Housing Neighborhood/Business Revitalization Strategy Eastside Strategic Plan CITY COUNCIL AGENDA Monday, December 13, 1999 TABLE OF CONTENTS Item No. Page No. Attachment No. 5:00 P.M. Dinner Briefing Conference Center 1. Carolina Theatre Option Extension 1 1 2. Discovery Place Expansion and 1 2 Aquarium Feasibility Study 3. First Union Park at Tryon and First 1 3 Streets 4. FY99 Annual Financial Report 1 7:00 P. M. Awards and Recognitions Meeting Chamber Consent 5. Consent agenda items 16 through 29 2 may be considered in one motion except those items removed by a Councilmember. Items are removed by notifying the City Clerk before the meeting. Public Hearing 6. Public Hearing to Close East First 3 4 Street Between South Tryon and South College Streets 7. Public Hearing to Close a Portion 5 5 of an Alleyway in Block 12 of Crescent Heights 8. Public Hearing to Close Portions 6 6 of North Myers Street Between East Ninth and East Eleventh Streets Item No. Page No. Attachment No. Policy 9. City Manager's Report 8 10. Emergency Contract and Procurement 8 7 Ordinance Business 11. Carolina Theatre Option Extension 10 8 12. 2000 Budget Process and Calendar 12 9 13. Storm Water Fee Credit Provisions 12 10 Amendment 14. Nominations to Boards and 14 11-12 Commissions 15. Closed Session 15 Consent I 16. Various Bids A. Brookshire Freeway Landscaping 16 B. Trackhoe Excavator 17 C. Heavy Trucks - 28,000 GVWR 17 Crew Cab & Chassis D. South Service Area A Median 17 Maintenance E. Curb Ramp Installations 18 F. Storm Water Maintenance FY2000E 18 G. Storm Water Maintenance FY2000F 18 H. Storm Water Maintenance FY2000G 19 I. Police & Fire Training Academy 19 Grounds Maintenance J. Grounds Maintenance Phase II 19 K. Sanitary Sewer Construction 19 Gladewater Area-Matthews L. Sanitary Sewer Construction - 20 Reverdy Area-Matthews M. Sanitary Sewer Construction - 20 Back Creek Outfall Tributary to Back Creek Church Road Item No. Page No. Attachment No. N. Irwin Creek Relief Sewer - 20 Phase I O. Sugar Creek Wastewater 21 Treatment Plant - Flow Equalization Facilities P. Sanitary Sewer Construction - 21 Eastwood Area - Matthews Q. Animal Control Van Purchase 22 and Conversion 17. Refund of Certain Taxes 22 13 Consent II 18. Extraterritorial Jurisdiction Appointment 23 14 to Zoning Board of Adjustment by County Commission 19. Budget Ordinance for Transit Grant 23 Application 20. Approve Transit Grant Application, 25 Resolution and Budget Ordinance 21. Grant Award for Regional Community 26 Policing Institute 22. Keane, Inc. Contract Amendment 27 23. Metro Contract Amendment 28 24. Antenna Leases on Communication 28 Tower at 6320 North Tryon Street 25. FY98 Storm Water Maintenance 29 Renewals 26. South College and East Stonewall 30 Streets Sanitary Sewer and Storm Drainage Relocation - Reimbursement Agreement, Budget Ordinance, and Award of Contract 27. Agreement with Black and Veatch for 31 a Wastewater Master Plan for the McDowell Creek Drainage Basin Item No. Page No. Attachment No. 28. Property Transactions 32 29. Meeting Minutes 35 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. Carolina Theatre Option Extension Resources: Laura Smith, Arts & Science Council Peter Pappas, Carolina Theatre Task Force Lisa Lee Morgan, Carolina Theatre Preservation Society Time: 30 minutes Attachment 1 2. Discovery Place Expansion and Aquarium Feasibility Study Resource: Freda Nicholson, Discovery Place, Inc. Time: 10 minutes Attachment 2 3. First Union Park at Tryon and First Streets Resource: Patrick Mumford, First Union David Wagner, Wagner Murray Architects Time: 10 minutes Attachment 3 4. FY99 Annual Financial Report Resources: Richard Martin, Finance Director Woodrow Nail, Jr., Deloitte & Touche Time: 30 minutes 7:00 P.M. AWARDS AND RECOGNITIONS MEETING CHAMBER CONSENT 5. Consent agenda items 16 through 29 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 PUBLIC HEARING 6. Public Hearing to Close East First Street Between South Tryon and South College Streets Action: A. Conduct a public hearing to abandon East First Street between South Tryon and South College Streets; and B. Adopt the Resolution to Close Staff Resource: Scott Putnam, Transportation Policy: To abandon right-of-way that is no longer needed for public use Explanation: This action will allow First Union to incorporate the right-of-way into adjacent property owned by the petitioner and St. Peter's Catholic Church for the construction of the proposed First Union Commons development project. This project includes an underground parking garage with an at-grade park/plaza, relocation of the Ratcliffe Flower Shop, and construction of retail/office space. In 1995, when the Convention Center opened, the City planned to convert First Street to a pedestrian walkway. However, adjacent property owners did not agree with that plan. This proposed park will make this pedestrian connection between Tryon Street and the Convention Center. The park will also provide open space and ground floor retail in the South Tryon Street area, and tie will St. Peter's Church into the parking lot and park and retail areas. This project represents a private sector investment in excess of $25 million. North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. This action is in accordance with the statute. Background: This abandonment approval will not be effective and the document may not be released for recording until the developer obtains a grading permit. In the event that the developer fails to obtain the permit within one year, this abandonment approval shall be void. A 10-foot pedestrian easement has been maintained for public use between South Tryon and South College Streets. Petitioner: First Union National Bank Right-of-Way to be abandoned: East First Street between South Tryon and South College Streets Location: From South Tryon Street southeastwardly approximately 401.5 feet to South College Street 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/Business Associations - No objection - Charlotte Convention Center - Charlotte Center City Partners - Midtown Charlotte Association - Earle Village /First Ward Place - Third Ward Community Development Corporation - Friends of Fourth Ward, Inc. - Charlotte Housing Authority Private Utility Companies - No objection City Departments - Review by City departments has identified no apparent reason this closing would: - Be contrary to the public interest; or - Deprive any individual(s) owning property in the vicinity reasonable ingress/egress to his property as outlined in the statutes. Attachment 4 Map 7. Public Hearing To Close A Portion of an Alleyway in Block 12 of Crescent Heights Action: A. Conduct a public hearing to abandon a portion of an alleyway in block 12 of Crescent Heights that runs perpendicular to and connects with North Chase Street; and B. Adopt the Resolution to Close. Staff Resource: Scott Putnam, Transportation 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 requests this action in accordance with the statute. Petitioner: Charlotte Pipe and Foundry Company, Inc. Right-Of-Way to be abandoned: A portion of an alleyway in block 12 of Crescent Heights that runs perpendicular to and connects with North Chase Street Location: From North Chase Street northwestwardly approximately 2,410 feet to its end Reason: To incorporate the right-of-way into adjacent property owned by the petitioner for the construction of a new office building 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 - No objection - Crescent Heights Neighborhood Association - Elizabeth Community Association - Charlotte Council of Garden Clubs Private Utility Companies - No objection City Departments - Review by City departments has identified no apparent reason this closing would: - Be contrary to the public interest; or - Deprive any individual(s) owning property in the vicinity reasonable ingress/egress to his property as outlined in the statutes. Attachment 5 Map 8. Public Hearing to Close Portions of North Myers Street Between East Ninth and East Eleventh Streets Action: A. Conduct a public hearing to abandon a portion of North Myers Street between East Ninth and East Eleventh Streets; and B. Adopt the Resolution to Close. Staff Resource: Scott Putnam, Transportation 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 requests this action in accordance with the statute. Background: This street abandonment is consistent with the City's and Bank of America's partnership in the First Ward Garden District Development project. Petitioner: Bank of America, CDC Right-of-Way to be abandoned: Portions of North Myers Street between East Ninth and East Eleventh Streets Location: From East Tenth Street southeastwardly approximately 147.2 feet and from East Tenth Street approximately 136.28 feet towards East Eleventh Street Reason: To incorporate the right-of-way into adjacent property owned by the petitioner for the First Ward Garden District development project. New subdivision streets will be constructed with the project. 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/Business Associations - No objection - Charlotte Housing Authority - Charlotte Council of Garden Clubs - Charlotte Center City Partners - Charlotte-Mecklenburg School Transportation - Midtown Charlotte Association - Optimist Park - Lockwood Neighborhood Association - Friends of Fourth Ward, Inc. - Earle Village/First Ward Place Private Utility Companies - No objection City Departments - Review by City departments has identified no apparent reason this closing would: - Be contrary to the public interest; or - Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes. Attachment 6 Map Updated First Ward Garden District Development Plan POLICY 9. City Manager's Report 10. Emergency Contract and Procurement Ordinance Action: Adopt an ordinance authorizing the City Manager to award contracts for construction or repair work and for the purchase of apparatus, supplies, materials or equipment supplies needed during an emergency declared by the Mayor pursuant to Section 15-28 of the City Code. Staff Resource: Mike Boyd, City Attorney's Office Explanation: As part of the City's preparation for Y2K, the City Attorney's Office reviewed potential problems that could be addressed by ordinance revisions during an emergency. Section 15-28 of the City Code authorizes the Mayor in times of "public emergency" to declare a state of emergency and impose certain restrictions designed to manage the emergency condition. Those restrictions include: - prohibiting and/or regulating activities such as the possession of explosives outside of one's premises; - sale of intoxicating beverages; - certain travel; and - the sale of gasoline. Missing from the existing ordinance is any ability by the City to award emergency construction or repair contracts or to make emergency purchases without an emergency meeting of the Council. While bidding requirements are relaxed in the event of an emergency, the Council is the only means for awarding contracts for emergency work or purchases. The proposed revision to Section 15-28 would authorize the City Manager to award construction, repair and purchase contracts without soliciting formal or informal bids in the event the Mayor (or the Mayor Pro Tem) declares a state of emergency and the "expeditious award of such a contract is reasonably necessary to address the effects of such emergency." Currently, the City Manager has authority to award such contracts in an amount that does not exceed $100,000 after soliciting informal bids. The proposed ordinance would not impose any limit on the amount of the contract in the event of an emergency. The proposed amendment would require the City Manager to report such contract awards to Council "as soon as reasonably possible after the state of the emergency has ended." The proposed amendment would not authorize the City Manager to award any contract without available funds. In the absence of the City Manager, the following staff members are authorized to exercise the authority conferred upon the City Manager by the proposed amendment: Deputy City Manager, any Assistant City Manager, and the City's chief purchasing official. Attachment 7 Ordinance amending Section 15-28 of the City Code BUSINESS 11. Carolina Theatre Option Extension Action: Approve an extension to Arts and Science Council's Option and Right of First Refusal to Purchase the Carolina Theatre Property by one year, from January 15, 2000 to January 15, 2001. Staff Resource: Curt Walton, Budget and Evaluation Policy: Council has several applicable policies, including: Asset Management Policy To seek to maximize the City's return from its current asset portfolio by the sale of surplus City properties and to meet other public policy objectives. Relevant Capital Investment Plan Policy To evaluate capital project requests according to the following priorities: 1st priority: Retrofit Existing Facilities 2nd priority: Replacement of Existing Facilities 3rd priority: Expansion of Existing Facilities 4th priority: New Facilities The City will continue to form partnerships with citizens and businesses to leverage public dollars making this a community of choice for living, working and leisure activities. Explanation: The Arts and Science Council (ASC) has requested an extension of its Option and Right of First Refusal to purchase the Carolina Theatre from January 15, 2000 to January 15, 2001. The extension will allow the ASC and the Carolina Theatre Task Force to develop a building and design program, operating budget and fund-raising plan. Background: In June 1990, the City reached an agreement with American Fidelity Property Company (AFPC) which gave AFPC the Option and Right of First Refusal to purchase City Fair and the Carolina Theatre. The owner of the option had the right to purchase the property for $1.2 million up until December 31, 1998. Immediately upon expiration of the option to purchase, the agreement gives the owner of the option the Right of First Refusal until December 31, 2000 to purchase the property under the same terms and conditions as offered by any proposed purchaser. The Agreement also gives the owner of the Option and Right of First Refusal the authority to sell or transfer the Option and Right of First Refusal to another party without the approval of the seller, in this case the City. In June 1994, the Keith Corporation acquired the Option and Right of First Refusal to purchase the Carolina Theatre from AFPC as part of the purchase contract of the City Fair property. On September 22, 1998, the Keith Corporation donated the Option and Right of First Refusal to the Arts and Science Council (ASC). On December 14, 1998, City Council extended the ASC's Option and Right of First Refusal to January 15, 2000 with the following conditions: - that the final sales to the ASC be dependent on City Council's approval of the ASC's recommended preservation proposal for the Theatre; - that the ASC waive its Option and Right of First Refusal rights and return the property to the City if restoration is determined not to be feasible, if there is not a demonstrated programming need for the Theatre, or if a financing plan cannot be developed. Further, the Option and Right of First Refusal cannot be transferred or sold without the approval of the City; and - that execution of the option be dependent on City Council's approval of the ASC's recommended preservation proposal for the Theatre. The ASC accepted the conditions specified by City Council. Funding: There are no City funds requested at this time. Attachment 8 Carolina Theatre Task Force Report 12. 2000 Budget Process and Calendar Action: Approve the recommended process for development and review of the FY2001 Operating Budget and the FY2001-2005 Captial Investment Plan. Staff Resource: Curt Walton, Budget and Evaluation Explanation: Council is requested to approve the recommended 2000 Budget process and calendar which includes: - Six half-day budget retreats from February thru June, primarily on Wednesdays from 2:00 p.m. to 6:00 p.m.; - Budget presentation on May 1, 2000; - The public hearing on the budget on May 22, 2000; - Televised, final decisions on June 7, 2000; and - Budget Adoption on June 12, 2000. Attachment 9 - Overview of the City's Budget Process - Budget Calendar 13. Storm Water Fee Credit Provisions Amendment Action: Approve the recommended process for development and review of the FY2001 Operating Budget and the FY2001-2005 Captial Investment Plan. Staff Resource: Jeb Blackwell, Engineering and Property Management Explanation: Charlotte Storm Water Services was established in 1993 to provide a comprehensive solution to the drainage problems experienced by the City's 2,400 miles of drainage system. The program activities include the planning, design, reconstruction and repair of the City's drainage infrastructure on public and private property. Also included are surface water quality programs required to comply with the Clean Water Act. To equitably fund construction, operation and maintenance of drainage infrastructure, the City Council adopted a storm water fee based on the amount of impervious surface on each property. The fee was recommended by a citizens storm water task force and the City's consultant (Ogden Engineering and Environmental Services). The amount of impervious (or hard) surface reflects a property's contribution to storm water runoff ultimately collected and discharged by the City's drainage system. Fee credits (reductions of the monthly charge) were included in the rate structure for owners that take measures on their property to reduce the impact of runoff. Proportional credits were based on projected storm water program expenditures in three categories: - 50% of expenditures were projected to be related to peak discharge of storm water. (Peak discharge refers to the greatest flow that will travel downstream during a storm event.) - 25% was projected for expenditures related to the volume of storm water. (Volume refers to the total amount of water that runs off from a property during a storm event.) - 25% was projected for activities related to water quality. The City recently had Ogden Environmental and Engineering Services update the rate allocation for credit purposes based on actual expenditures of the program. The recommended allocations are: - 40% for peak discharge of runoff; - 60% for volume of runoff; and - 0 credit for water quality In order to meet the City Council's goals for repair and improvement of the drainage infrastructure, expenditures for providing drainage capacity (related to peak and volume) have grown more than originally planned. As a result, water quality costs have been a relatively small share of the total program, and have not exceeded the General Fund contributions to the program. Since the water quality costs are not funded through the monthly fees, it is not appropriate to grant credits on that basis. The City Attorney supports this amendment based on a recommendation of bond counsel as we move forward toward the issuance of storm water revenue bonds. The City Attorney also supports this amendment as a prudent response to the recent North Carolina Supreme Court decision concerning the City of Durham's storm water program. The total number of private property storm water accounts in the City (properties that pay the monthly fee) is more than 138,000. Of those, 69 non-single-family accounts receive credits. With the revised credit structure, 63 properties will have lower credits, and higher fees, by an average of 9 percent , or $69.72 monthly. The monthly fee increase for 50 of the properties is less than $100. The remaining 13 range up to $572. Six of the properties will have higher credits and lower monthly fees. There are a few single-family properties that receive a credit. For those single-family properties the credit will remain the same or the fee will decrease. On December 7, 1999, the Mecklenburg County Board of Commissioners adopted the same recommended fee credit structure. Community Input: The fee credit study performed by Ogden Environmental and Engineering Services was presented to the Storm Water Advisory Committee (SWAC) November 18, 1999. Based on the consultant's report and the use of actual expenditure data, SWAC unanimously recommended the new fee credits be adopted by City Council. The 63 property owners who will experience an increase in their monthly fee were notified of the proposed change by letter. Attachment 10 - Proposed City Code revision - Storm Water Advisory Committee Membership 14. Nominations to Boards and Commissions Action: Nominate citizens to serve as specified below. A. PRIVATIZATION/COMPETITION ADVISORY COMMITTEE One position beginning immediately and ending March 2000, plus the next full two-year term to replace Don Lochman, who has been elected to City Council. Attachment 11 Memo Applications B. ZONING BOARD OF ADJUSTMENT (ZBA) One position beginning immediately, ending January 2000, and serving the next full three-year term to replace James Mitchell, who has been elected to City Council. Attachment 12 Applications Note: The appointments to these two Boards will be on the December 20 Zoning Agenda. The ZBA requires a local criminal background check. 15. Closed Session Action: Adopt a motion to go into closed session for the purpose of conferring with the City Attorney concerning a lawsuit entitled Robert J. Floyd and Harriette Floyd v. Stephanie L. McGill, Transit Management of Charlotte, Inc., and the City of Charlotte. 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 Contractors and Consultants All contractors and consultants selections follow the Council approved process unless explained otherwise. CONSENT I 16. Various Bids A. Brookshire Freeway Landscaping E&PM Recommendation: The City Engineer recommends the low bid of $717,182.53 by The Budd Group of Charlotte, North Carolina. This project provides installation of trees, shrubs, and groundcover in the median of Brookshire Freeway from Lawton Road to the City limits. The project was recommended in the Westside Strategic Plan to improve the image of this area and to promote business development along the corridor. MWBD Compliance: Yes. The Budd Group will self-perform. B. Trackhoe Excavator BSS Recommendation: The Business Support Services Director recommends the low unit price bid of $95,119 by Mitchell Distributing Company, Charlotte, North Carolina. The total estimated FY2000 expenditure under this contract is $95,119. The contract is for one year with an option to renew for two additional one-year periods. MWBD Compliance: Yes. There are no known MWBD vendors for this equipment. C. Heavy Trucks - 28,000 GVWR Crew Cab & Chassis BSS Recommendation: The Business Support Services Director recommends the low, responsive unit price bid of $47,674 by Adams International, Charlotte, North Carolina. The total estimated FY2000 expenditure under this contract is $238,370. The contract is for one year with an option to renew for two additional one year periods. MWBD Compliance: Yes. There are no known MWBD vendors. D. South Service Area A Median Maintenance E&PM Recommendation: The City Engineer recommends the low bid of $291,728.80 by Todd Landscaping of Charlotte, North Carolina. This project will provide for median maintenance, including ornamental tree and shrub maintenance, removal and disposal of trash and debris, perennial maintenance, and plant replacement in city street medians for the South Service Area A. For location, see map attachment. This service area extends from York Road eastward to Independence Boulevard and from the I-277 loop southward to Tyvola/Fairview/Rama Roads. MWBD Compliance: Yes. Todd Landscaping will self-perform. E. Curb Ramp Installations E&PM Recommendation: The City Engineer recommends the low bid of $146,740 by Carolina Cajun Concrete, Inc. of Matthews, North Carolina. This project will construct approximately 187 wheelchair ramps at various locations through out the City. The construction will help Charlotte become compliant with the American Disabilities Act. MWBD Status: Amount % of Project Project Goals WBE $146,740 100% 0% BBE $0 0% 0% MWBD Compliance: Yes. Carolina Cajun will self-perform. F. Storm Water Maintenance FY00E E&PM Recommendation: The City Engineer recommends the low bid of $960,830 by Blythe Development Company of Charlotte, North Carolina. This project is part of an ongoing program to provide maintenance, repair, and construction on existing storm water systems, or to construct new systems where none exists within the City limits. Individual projects are identified and prioritized by Engineering & Property Management's (E&PM) Storm Water Services Division based on the severity of the situation with regard to flooding of public and private property. E&PM Storm Water Services uses one-year "retainer" contracts such as this to provide timely response to maintenance problems. MWBD Status: Amount % of Project Project Goals BBE $58,000 6% 6% WBE $58,000 6% 6% MWBD Compliance: Yes. G. Storm Water Maintenance FY00F E&PM Recommendation: The City Engineer recommends the low bid of $959,255 by Showalter Construction of Charlotte, North Carolina. MWBD Status: Amount % of Project Project Goals BBE $0 0% 6% WBE $0 0% 6% MWBD Compliance: Yes. Showalter Construction will self-perform. H. Storm Water Maintenance FY00G E&PM Recommendation: The City Engineer recommends the low bid of $969,955 by Blythe Development of Charlotte, North Carolina. MWBD Status: Amount % of Project Project Goals BBE $58,500 6% 6% WBE $58,500 6% 6% I. Police & Fire Training Academy Grounds Maintenance E&PM Recommendation: The City Engineer recommends the low bid of $142,758 by Whitecaps Lawn Care, Inc. of Charlotte, North Carolina. This three-year project will provide turf and landscape maintenance at the Police and Fire Training Academy. MWBD Status: Amount % of Project Project Goals WBE $0 0% 3% BBE $0 0% 5% MWBD Compliance: Yes. Whitecaps Lawn Care will self-perform. J. Grounds Maintenance Phase II E&PM Recommendation: The City Engineer recommends the low bid of $247,885.04 by Roundtree Lawn Care of Charlotte, North Carolina. This three-year project will provide turf and landscape maintenance at Alexander Street, Amay James, Belmont, and Greenville Centers; Sweden Road; Spratt Street; TMOC; and Strawn Village Park/Arson Task Force. MWBD Compliance: Yes. Round Tree Lawn Care will self-perform. K. Sanitary Sewer Construction Gladewater Area -Matthews CMU Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $582,219.57 by North State Underground, Incorporated of Charlotte, North Carolina. This project consists of approximately 9,571 linear feet of gravity sanitary sewer pipe beginning at an existing manhole at Irvins Creek Outfall and extending along Gladewater Drive, Windsor Chase Drive, Keziah Road, Hounds Run Drive, Hallmark Drive, Torino Road and Plentywood Drive in Matthews. MWBD Compliance: Yes. North State can self-perform this work. L. Sanitary Sewer Construction Reverdy Area -Matthews CMU Recommendation: The Charlotte-Mecklenburg Utilities Director recommends the low bid of $422,904.19 by McDaniel Construction Contractors, Inc. of Bostic, North Carolina. This project consists of approximately 5,035 linear feet of gravity sanitary sewer pipe beginning at an existing manhole on Glen Valley Drive and extending along Matthews-Mill Road, Home Place, Northfield Court, and Reverdy Lane in Matthews. MWBD Status: Amount % of Project Project Goals BBE $0 0% 8% WBE $422,904.19 100% 8% MWBD Compliance: Yes. McDaniel Construction is a certified WBE and can self-perform this work. M. Sanitary Sewer Construction - Back Creek Outfall Tributary to Back Creek Church Road CMU Recommendation: The Charlotte-Mecklenburg Utilities Director recommends the low bid of $802,898.95 by Hunter Landscape, Incorporated of Huntersville, North Carolina. This project consists of approximately 8,460 linear feet of gravity sanitary sewer pipe beginning at an existing manhole near Back Creek Pump Station and extending along Back Creek to Back Creek Church Road. MWBD Compliance: Yes. Hunter Landscape can self-perform this work. N. Irwin Creek Relief Sewer Phase I CMU Recommendation: The Charlotte-Mecklenburg Utilities Director recommends the low bid of $11,601,390.60 by Rockdale Pipeline, Incorporated of Suwanee, Georgia. This contract includes all work necessary to construct 14,800 feet of 54" sewer, 400 feet of 10" gravity sewer, manholes, diversion structures, rehabilitating existing manholes and associated work. MWBD Status: Amount % of Project Project Goals BBE $200,000 2% 6% WBE $32,000 .3% 6% MWBD Compliance: Yes. Rockdale Pipeline made the good faith effort. O. Sugar Creek Wastewater Treatment Plant - Flow Equalization Facilities CMU Recommendation: The Charlotte-Mecklenburg Utilities Director recommends the low multi-prime bid of $6,217,808 as shown below. This contract includes all work necessary to construct a basin in the existing abandoned polishing pond to store excess flow, a pumping station to transfer flow in and out of the basin, an excess flow control chamber to meter the flow, piping, electrical, instrumentation, paving, and associated work. General Construction Haren Construction Company, Inc. of Etowah, Tennessee for the bid amount of $5,657,790. Electrical Construction Robertson Controls of Shelby, North Carolina for the bid amount of $559,290. Haren Construction MWBD Status: Amount % of Project Project Goals BBE $171,422 3.0% 7% WBE $22,680 .4% 7% Robertson Controls MWBD Status: Amount % of Project Project Goals BBE $0 0% 3% HBE $73,290 13% 3% WBE $0 0% 3% MWBD Compliance: Yes. Haren Construction and Robertson Controls made the good faith effort. P. Sanitary Sewer Construction Eastwood Area -Matthews CMU Recommendation: The Charlotte-Mecklenburg Utilities Director recommends the low bid of $552,075.51 by R. H. Price, Incorporated of Charlotte, North Carolina. This project consists of approximately 4,018 linear feet of gravity sanitary sewer pipe beginning at an existing manhole on Jamesville Drive and extending along Morningwood Drive, Pleasantwood Place, Hardwood Place, Forestmont Drive, Woodcalm Place, Woodfern Place, Woodstar Road, and Friendship Drive in Matthews. MWBD Status: Amount % of Project Project Goals BBE $0 0% 7% WBE $552,075.51 100% 8% MWBD Compliance: Yes. R. H. Price is a certified WBE and can self-perform. Q. Animal Control Van Purchase and Conversion BSS Recommendation: The Business Support Services Director recommends the low, responsive bid by Mavron, Inc., of Warsaw, Indiana, for a total unit cost of $33,718. The estimated expenditures for FY2000 is $505,770 for 15 vans. 17. Refund of Certain Taxes Action: Approve a resolution authorizing the refund of certain taxes assessed through clerical or assessor error in the amount of $101.62. Attachment 13 - Resolution - List of Refunds CONSENT II 18. Extraterritorial Jurisdiction Appointment to Zoning Board of Adjustment by County Commission Action: Approve a resolution required as a result of Extraterritorial Jurisdiction, requesting that the County Commissioners make an appointment to the Charlotte Zoning Board of Adjustment within ninety days of receipt of the resolution or the Council makes the appointment. Explanation: On November 22, 1999, the Council adopted an ordinance exercising its extraterritorial jurisdiction. The City has the authority to exercise extraterritorial jurisdiction for up to one mile beyond its corporate limits. Extraterritorial jurisdiction means exercising certain planning and regulation of development powers, the primary one being zoning. In exercising its extraterritorial jurisdiction, the City is required, by state statute to have a resident in the extraterritorial area appointed to the City's Zoning Board of Adjustment. The statute provides that the Board of County Commissioners shall make that appointment within ninety days of the receipt of the resolution. If the County Commissioners do not make the appointment within ninety days, then the City Council shall make the appointment. Attachment 14 Resolution 19. Budget Ordinance to Transit Grant Application Action: Amend budget ordinance for FY2000 transit grant application appropriating $9,581,004 instead of $6,864,145 Policy: The City's Five Year Transportation Plan, MTC Interim FY2000 Capital Program, MTC FY2000 Interim Budget. Explanation: At the November 8, 1999 meeting, City Council approved a resolution authorizing grant applications to the Federal Transit Administration (FTA) and the North Carolina Department of Transportation (NCDOT) for FY2000 transit capital assistance. A budget ordinance appropriating $6,864,145 was approved at that time. Council approved the grant application before the exact appropriation amount was known so that production of new buses could begin in order to meet our fleet needs. The original ordinance reflected an estimated amount of the FTA share for this year's appropriation. The federal allotment is actually $7,584,186. This figure includes a $442,586 increase in the City's share of the FTA appropriation, plus an agreement with NCDOT to transfer $1,641,600 of their share of federal funds to the City for the purpose of purchasing buses for the Charlotte Transit fleet. As a result, NCDOT's match in the grant application increases to $921,845 and the City's share increases to $1,074,973. The City is requesting federal and state funds to purchase twenty-one buses, of which fourteen will replace 1987 non-accessible buses which have reached the end of their useful life. The seven new buses will be used to add trips to the Independence express bus lanes and implement extensions to University City and the Airport. In addition, this grant will finance the purchase of twenty new vanpool vehicles, four support vehicles, an onboard camera surveillance system and other associated capital equipment. A financial summary of the capital grant applications is as follows: Original Revised FTA $5,500,000 FTA $7,584,186 NCDOT 680,625 NCDOT 921,845 City (for MTC) 683,520 City (for MTC) 1,074,973 TOTAL $6,864,145 TOTAL $9,581,004 Background: The Metropolitan Transit Commission (MTC) reviewed the FY2000 project list on October 27. The FY2000 Interim Year Capital Program included these projects to be applied for in this submission. The Mecklenburg/Union Metropolitan Planning Organization (MPO) is scheduled to review and approve the list of capital projects at its January meeting. The City applies annually for formula entitlement grants for the FTA and NCDOT. Summary of actions leading to the Grant Application: - January 1997 - 5-Year Transportation Plan (Council) - Spring 1998 - 2025 Transportation Land Use Plan - February 1999 - 1/2› Sales Tax Interlocal Agreement (Council/County Commission) - March 1999 - MTC Formed (Local Governments) - May 1999 - FY2000 Interim Program (MTC) - May 1999 - FY2000 Interim Budget (MTC) - Grant Application (Council Approval/MTC Review) Community Input: FTA regulations require the City to advertise the capital improvements to be financed with federal and state funds so citizens can request a public hearing on the list if they have questions. This notice will be published in the Charlotte Observer and The Charlotte Post. Funding: The revised budget ordinance reflects actual federal and state grant funding, and transfers the City's local match previously appropriated in the FY2000 budget. 20. Approve 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 design of two Transit Center Hubs; and B. Adopt a budget ordinance appropriating $300,000. Explanation: This resolution is in response to a NCDOT request. It will become a part of their application package to the federal government, and must be identical to the NCDOT resolution. The FY99 federal budget funded $4.96 million of NCDOT's request for $30 million. In October, NCDOT allocated $300,000 of these funds to Charlotte for the purpose of financing design work of two transit center hubs. Once the City is notified of the allocation, we are required to submit a formal application to receive the grant. The project was chosen by the NCDOT because of its inclusion in the MTC's FY2000 Interim Year Program, and hub design will proceed as set forth in the Five Year Transportation Plan. The 2025 Integrated Transit/Land-Use Plan recommends the development of transit centers to provide feeder bus services to the "wedges" ( areas between transit corridors) to link to the rapid transit corridors. The Five Year Plan identifies the planning and design of transit hubs at Arrowood Business Park and Eastland Mall as the initial locations. The MTC Capital Program for FY2000 includes this project. A financial summary of the grant application is shown below: FTA (80%) $240,000 NCDOT (10%) 30,000 CITY (10%) 30,000 TOTAL $300,000 Funding: The budget ordinance estimates and appropriates federal and state grant funding and transfers the City's local match previously appropriated in the FY2000 budget. 21. Grant Award for Regional Community Policing Institute Action: A. Approve a cooperative agreement between the Charlotte-Mecklenburg Police Department and the U.S. Department of Justice to fund the third year of the Regional Community Policing Institute; and B. Approve a budget ordinance appropriating $970,000 from the U.S. Department of Justice to fund the Institute. Explanation: Two years ago, the U.S. Department of Justice selected the Charlotte-Mecklenburg Police Department to run a Regional Community Policing Institute. The Institute develops and provides training in community policing for police departments in North and South Carolina. The Carolinas Institute for Community Policing is run by the Police Department's Strategic Planning and Analysis Bureau and is housed at Pfeiffer University. The Institute has received national acclaim for the training it has developed in the use of GIS (Geographic Information Systems) mapping in community problem solving. The Police Department and the City have derived many benefits from establishing the Institute. The Institute has developed advanced community policing training for the Department's field training officers and is currently providing training to the Neighborhood Action Teams that the City has implemented in Grier Heights and Wingate. Personnel from the Institute are currently developing an internet program that will allow citizens to access crime statistics and maps by neighborhoods. They are also developing a police problem solving template that will allow police officers to record their problem solving efforts and research similar projects throughout the City. During its third year of operation, the Institute will be involved in the development and delivery of domestic violence training that will benefit both the Department and the community. Funding: $970,000 from the U.S. Department of Justice. No matching funds are required from the City. 22. Keane, Inc. Contract Amendment Action: Approve an amendment to a contract with Keane, Inc., not to exceed $197,000, to provide mainframe support services for the Police Department's Computer Aided Dispatch system. Explanation: On July 19, 1999, Council approved a contract with Keane, Inc. to provide project management services for the installation of the new hardware for the Police Department's computer aided dispatch system (CAD). This provides Y2K compliant hardware for the dispatch system. The Police Department wishes to extend the contract with Keane, Inc. until June 30 to provide continued technical support for the new CAD hardware and software. Funding: Police Operating Budget 23. Metro Contract Amendment Action: Approve an amendment to a contract with Metro Information Systems, not to exceed $140,000, to hire temporary contract employees for the Police Department's Computer Technology Services Bureau Explanation: The Police Department has several vacancies in its Computer Technology Services Bureau. In order to keep current projects on schedule while these positions are being filled, the Police Department wishes to amend an existing contract with Metro Information Systems to fund the services of three temporary employees. The three positions are for an Information Systems Consultant working on the Police Department intranet server, a systems analyst working with Animal Control, and a second shift Windows NT system administrator. The contract will be extended no later than June 30, 2000. Funding: Police Operating Budget 24. Antenna Leases on Communication Tower at 6320 North Tryon Street Action: Approve lease agreements with Sprint PCS for the placement of a communication antenna on an existing radio tower at 6320 North Tryon Street. Explanation: Sprint PCS needs to locate antenna at or near this location for cellular network. Terms of the lease agreements are: - Initial nonrefundable fee of $20,000 for each lease - Five-year term with four five-year options to renew with a 20% increase each term - Base monthly rent of $1,300; first term revenue of $78,000 per lease Consistent with Council policy to encourage co-location, additional equipment on this existing tower will eliminate the need to construct another tower in this neighborhood. These rates are comparable to current marketplace rates for private operators in the local area. 25. FY98 Storm Water Maintenance Renewals Action: A. Approve Renewal #2 for $846,450 with United Construction Inc. for continued construction of FY98 Storm Water Channel Maintenance Package B. The renewal will increase the contract amount from $1,692,900 to $2,539,350; B. Approve Renewal #3 for $492,900 with United Construction Inc. for continued construction of FY98 Storm Water Maintenance Package 98E. The renewal will increase the contract amount from $1,478,700 to $1,971,600; and C. Approve Renewal #2 for $488,475 with Blythe Development Co. for continued construction of FY98 Storm Water Maintenance package 98F. The renewal will increase the contract amount from $976,950 to $1,465,425. Explanation: These renewals will enable Storm Water Services to continue regular maintenance activities under these contracts, recognizing good contractor performance and good existing unit prices. Where the contractor's work has been of good quality, a renewal is recommended to extend the contract. The contract documents provide for renewal of the contract up to three times, at the City's option, as an incentive to the contractor for productivity and workmanship. MWBD: - United Construction, Inc. 100% ABD - Blythe Development Co. 6% BBE; 6% WBE Funding: Storm Water Capital Investment Plan 26. South College and East Stonewall Streets Sanitary Sewer and Storm Drainage Relocation - Reimbursement Agreement, Budget Ordinance, and Award of Contract Action: A. Approve a Reimbursement Agreement with StarPort I, LLC; B. Approve a Budget Ordinance appropriating StarPort's contribution to the project of $261,898.29; and C. Award a contract to the low bidder, Buckeye Construction of Canton, North Carolina for $644,488.73. Explanation: This project will include relocating approximately 1,068 feet of 8 and 24-inch sewer mains and 628 feet of 48-inch storm drainage pipe from the property of the future Convention Center hotel to South College and East Stonewall Streets. Completion of this work is necessary before construction of the hotel can begin. The City is funding the sewer pipe relocation because the current pipe needs to be replaced. The City committed to fund the sewer line in the Hotel Development Agreement. StarPort is required to fund the relocation of the storm drainage line crossing the site. The budget ordinance for $261,898.29 appropriates StarPort's portion of the cost of the project. The Reimbursement Agreement between StarPort and the City of Charlotte sets forth the terms and conditions of the construction of the relocation project including scheduling, contract administration, payment responsibilities, etc. MWBD: Amount % of Project Project Goals BBE $33,000 5% 7% MWBD Compliance: Yes. Buckeye Construction made the good faith effort. Funding: Water, Sewer, and Storm Water Capital Investment Plans 27. Agreement with Black and Veatch for a Wastewater Master Plan for the McDowell Creek Drainage Basin Action: A. Approve a budget ordinance appropriating $425,000; and B. Approve an Agreement with Black & Veatch for the completion of a wastewater master plan for the McDowell Creek drainage basin in northern Mecklenburg County for a cost not to exceed $395,000. Explanation: In recent years the wastewater flows to the McDowell Wastewater Treatment Plant have increased rapidly. The plant was just recently expanded to six million gallons per day of capacity with projections that it will reach that capacity in two years if the growth continues. Since this facility discharges to a tributary to Mountain Island Lake, the watershed rules limit the option for expansion. A wastewater master plan for the drainage basin will provide short- and long-range projections for wastewater flows. The master plan will also determine the most cost effective and environmentally sound options to provide continued wastewater treatment growth. Based on interviews with three firms, Black & Veatch was selected to perform this study. A fee has been negotiated to complete the study for an amount not to exceed $395,000. Funding: The budget ordinance transfers $425,000 from a Regional Plant Facility Study account to the McDowell Creek Basin project account. 28. Property Transactions Action: Approve the following property acquisitions (A-H) and adopt the condemnation resolution (I). For property transactions A-E, the purchase price was determined by an independent appraiser and was reviewed by a second 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 for Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition cost are eligible for Federal Aviation Administration reimbursement. Acquisitions: A. Project: Airport Master Plan Land Acquisition Owner(s): W. R. Jones Property Address: 5908 Dixie Road Property to be acquired: 1.81 acres Improvements: warehouse Purchase Price: $290,000 Zoned: I1 Use: Warehouse Tax Value: $198,120 Tax Code: 141-271-05(141-132-06) B. Project: Airport Master Plan Land Acquisition Owner(s): Mary R Coley Property Address: 8615 Berryhill Drive Property to be acquired: .304 acres Improvements: single family residence Purchase Price: $60,000 Zoned: R3 Use: Single Family Residence Tax Value: $47,440 Tax Code: 113-133-16 C. Project: Airport Master Plan Land Acquisition Owner(s): Helen R. Hatley Property Address: 8316 Bell Avenue Property to be acquired: .505 acres Improvements: single family residence Purchase Price: $62,000 Zoned: RMH Use: Single Family Residence Tax Value: $50,950 Tax Code: 113-101-02 D. Project: Airport Master Plan Land Acquisition Owner(s): The Griffith Family Trust Property Address: Wallace Neel Road Property to be acquired: 35.6391 acres Improvements: two family residence houses Purchase Price: $1,546,000 (based on three independent appraisals for fair market value) Zoned: I1 Use: Single Family Residences Tax Value: $489,120 Tax Code: 113-153-09; 113-154-11(113-152-23); and 113-153-01. E. Project: FAR Part 150 Land Acquisition Program Owner(s): Maria Ricciardi Property Heirs Property Address: 4638 Timberly Place Property to be acquired: 4.694 acres Improvements: Vacant land and house Purchase Price: $375,000 Zoned: R3 Use: Vacant land and house Tax Value: $110,060 Tax Code: 141-055-41 & 141-055-42 F. Project: Monroe/Sharon Amity Intersection Improvements, Parcel #44 Parcel #44 Owner(s): Sharon M. Trull & Walter Ray Trull Property Address: 5227 Monroe Road Property to be Acquired: 1,615.81 sq.ft. (0.038 ac.) permanent easement plus 612.26 sq.ft. (0.014 ac.) temporary construction easement. Improvements: Landscaping Purchase Price: $11,900 Remarks: This acquisition is needed for intersection improvements at Monroe Road and Sharon Amity Road. Two certified, independent appraisers established the acquisition price. Zoned: 02 Use: Office Total Parcel Tax Value: $115,500 Tax Code: 161-064-05 G. Project: 120" Raw Water Main Catawba Station to Franklin Treatment Plant, Parcel #39 Owner(s): Glenhaven, LLC by LandCraft Properties, Inc., Manager Property Address: 7230 Old Plank Road Property to be Acquired: 60,555 sq.ft. (1.39 ac.) temporary construction easement Improvements: Removal of large trees Purchase Price: $27,530 Remarks: A temporary construction easement is needed for construction of the 120-inch raw water main. A certified, independent appraiser established the purchase price. Zoned: R-4 Use: Single family dwelling Total Parcel Tax Value: $68,860 Tax Code: 035-155-20 and 035-081-09 H. Project: Monroe/Sharon Amity Intersection Improvements, Parcel #7 Owner(s): Daniel G. Rizzardi & Linda S. Rizzardi Property Address: 1949 North Sharon Amity Property to be Acquired: 1,743 sq.ft. (0.0435 ac.) permanent easement plus 1,045 sq.ft. (0.024 ac.) temporary construction easement Improvements: Landscaping Purchase Price: $13,000 Remarks: This acquisition is needed for the intersection improvements at Monroe Road and Sharon Amity Road. Two certified, independent appraisers established acquisition price. Zoned: 02 Use: Office Total Parcel Tax Value: $114,820 Tax Code: 161-107-10 Condemnations: I. Project: Sewer Main to Serve Walker Branch Sewer Outfall, Parcel #2 Owner(s): Steele Creek (1997) Limited Partnership and any other parties of interest Property Address: 13320 Steele Creek Road Property to be Acquired: 182,768 sq.ft. (4.2 ac.) permanent and temporary construction easement Improvements: None Purchase Price: -0- (Appraiser finds the project to be a benefit and enhancement to property.) Remarks: The area is needed for a sanitary sewer line installation. The City and the property owner have yet to reach a settlement for this easement. An independent, certified appraiser has determined that the property benefits from the sanitary sewer availability because of poor soil conditions. The proposed sewer main, to which the property owner may connect, is preferable to individual septic systems in this area. Zoned: R-3 Use: Vacant Total Parcel Tax Value: $1,451,140 Tax Code: 199-061-07 29. Meeting Minutes Action: Approve the titles, motions and votes reflected in the Clerk's record as the minutes of: - November 15, 1999 Zoning Meeting - November 22, 1999 Business Meeting