city council meeting monday, june 9, 2014 in addition to the

470
City Council Agenda June 9, 2014 Mayor Dan Clodfelter Mayor Pro Tem Michael D. Barnes Al Austin Patsy Kinsey John Autry Vi Lyles Ed Driggs LaWana Mayfield Claire Fallon Greg Phipps David L. Howard Kenny Smith CITY COUNCIL MEETING Monday, June 9, 2014 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item # Page # Title 18 22 Charlotte Transit Center – Transfer of Ownership 19 24 General Obligation Bond Referendum 27 31 Signal Equipment for the CityLYNX Gold Line

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  • City Council Agenda

    June 9, 2014

    Mayor Dan Clodfelter Mayor Pro Tem Michael D. Barnes Al Austin Patsy Kinsey John Autry Vi Lyles Ed Driggs LaWana Mayfield Claire Fallon Greg Phipps David L. Howard Kenny Smith

    CITY COUNCIL MEETING

    Monday, June 9, 2014

    In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred.

    Item # Page # Title

    18 22 Charlotte Transit Center Transfer of Ownership

    19 24 General Obligation Bond Referendum

    27 31 Signal Equipment for the CityLYNX Gold Line

  • City Council Agenda

    June 9, 2014

    CITY COUNCIL AGENDA Monday, June 9, 2014

    Table of Contents Table of Contents _____________________________________________ 5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER _________________ 1 1. Mayor and Council Consent Item Questions ____________________________ 1 2. Strategic Transportation Investments Project Rankings __________________ 1 3. Charlotte Transit Center - Transfer of Ownership _______________________ 2 4. Briefing on the Fall Cankerworm Issue in Charlotte ______________________ 2 5. Text Amendment Animal Fostering _________________________________ 3 6. Answers to Mayor and Council Consent Item Questions __________________ 3 7. Closed Session __________________________________________________ 3 Introductions _______________________________________________ 4 Invocation __________________________________________________ 4 Pledge of Allegiance __________________________________________ 4 7:00 P.M. AWARDS AND RECOGNITIONS, MEETING CHAMBER __________ 4 8. Employee of the Year Recognition ___________________________________ 4 9. Home Ownership Month Proclamation ________________________________ 4 CONSENT ___________________________________________________ 5 10. Consent agenda items 24 through 38 may be considered in one motion except

    those items removed by a Council member. Items are removed by notifying the City Clerk. ___________________________________________________ 5

    ZONING ____________________________________________________ 6 11. Rezoning Petition 2014-013 ________________________________________ 6

    Attachment 1 _________________________________________________ 7 PUBLIC HEARING ____________________________________________ 8 12. Public Hearings on Voluntary Annexations _____________________________ 8

    Attachment 2 _________________________________________________ 8 13. Public Hearing on a Resolution to Close an Unopened Alleyway off of

    Newberry Street _________________________________________________ 9 Attachment 3 _________________________________________________ 9

    POLICY ___________________________________________________ 10 14. City Managers Report ___________________________________________ 10 15. City Manager and City Attorneys Evaluation Criteria ____________________ 10

    Attachment 4 ________________________________________________ 11 16. Fiscal Year 2015 Operating Budget and Fiscal Years 2015-2019 Community

    Investment Plan ________________________________________________ 12 Attachment 5 ________________________________________________ 13 Attachment 5 ________________________________________________ 14 Attachment 6 ________________________________________________ 14

  • City Council Agenda

    June 9, 2014

    Attachment 5 ________________________________________________ 15 Attachment 7 ________________________________________________ 17 Attachment 8 ________________________________________________ 19 Attachment 5 ________________________________________________ 20

    17. Business Privilege License Tax City Code Amendment ___________________ 21 Attachment 9 ________________________________________________ 21

    BUSINESS _________________________________________________ 22 18. Charlotte Transit Center - Transfer of Ownership ______________________ 22 19. General Obligation Bond Referendum _______________________________ 24

    Attachment 10 _______________________________________________ 24 20. Nominations to Boards and Commissions_____________________________ 25

    Attachment 11 _______________________________________________ 25 Attachment 12 _______________________________________________ 25 Attachment 13 _______________________________________________ 25 Attachment 14 _______________________________________________ 25 Attachment 15 _______________________________________________ 25 Attachment 16 _______________________________________________ 26 Attachment 17 _______________________________________________ 26

    21. Appointments to Boards and Commissions ___________________________ 26 Attachment 18 _______________________________________________ 26

    22. Conclusion of Consent Agenda _____________________________________ 26 23. Mayor and Council Topics _________________________________________ 26 CONSENT __________________________________________________ 27 24. Boulevard Homes (Renaissance) Phase III Bond Issuance Approval ________ 28

    Attachment 19 _______________________________________________ 28 25. Police Assets Forfeiture Appropriation Law Enforcement Projects _________ 29

    Attachment 20 _______________________________________________ 29 26. Secondary Public Safety Answering Point Funding Program ______________ 30

    Attachment 21 _______________________________________________ 30 27. Signal Equipment for the CityLYNX Gold Line__________________________ 31

    Attachment 22 _______________________________________________ 31 28. Scaleybark Road Traffic Calming Contract Amendment __________________ 32

    Attachment 23 _______________________________________________ 33 29. Benfield Road (Prosperity Church) Intersection Improvements ____________ 33

    Attachment 24 _______________________________________________ 34 30. Smart Parking Meters and Wireless Data Services ______________________ 34

    Attachment 25 _______________________________________________ 35

  • City Council Agenda

    June 9, 2014

    31. Airport Communications Infrastructure Services _______________________ 36 32. Heavy Duty Brakes and Related Components _________________________ 37 33. Hydraulic Pressure Hose Repair and Replacement Services _______________ 38 34. Citywide Uniform Rentals and Other Related Services ___________________ 39 35. Donation of Surplus Telecommunications Equipment to the First Responder

    Network Authority (FirstNet) ______________________________________ 40 Attachment 26 _______________________________________________ 40

    36. Refund of Property and Business Privilege License Taxes ________________ 41 Attachment 27 _______________________________________________ 41

    37. Meeting Minutes ________________________________________________ 41 IN REM REMEDY ____________________________________________ 42 38. In Rem Remedy Transactions ______________________________________ 42

    Attachment 28 _______________________________________________ 43 Attachment 29 _______________________________________________ 43 Attachment 30 _______________________________________________ 43 Attachment 31 _______________________________________________ 43

    PROPERTY TRANSACTIONS ____________________________________ 44 39. Property Transactions ____________________________________________ 44 40. Reference Charlotte Business INClusion Policy _______________________ 48 41. Reference Property Transaction Process ____________________________ 51

  • City Council Agenda

    June 9, 2014 1

    5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER 1. Mayor and Council Consent Item Questions Resource(s): Ann Wall, City Managers Office Time: 5 minutes Synopsis Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. Strategic Transportation Investments Project Rankings

    Resource(s): Norman Steinman, Charlotte Department of Transportation

    Louis Mitchell, North Carolina Department of Transportation Time: 30 minutes Synopsis

    The Strategic Transportation Investments (STI) legislation was signed into law in June 2013, and fundamentally changed the formula by which transportation projects are funded in North Carolina. It combined several funding sources, and required that all capital

    expenditures, regardless of mode, be funded from the Highway Trust Fund. Further, the STI requires that all modes compete for the same funds. The law

    defines three categories of projects: statewide, regional impacts, and division needs.

    The Charlotte Regional Transportation Planning Organization (CRTPO) is in the process of implementing its methodology to apply local points to projects analyzed by the North Carolina Department of Transportation.

    Louis Mitchell, Engineer, with the North Carolina Department of Transportation will provide an update on the STI process and the project rankings that were recently released.

    Future Action The presentation is for information only.

  • City Council Agenda

    June 9, 2014 2

    3. Charlotte Transit Center - Transfer of Ownership

    Resource(s): Carolyn Flowers, CATS John Muth, CATS

    Time: 10 minutes Synopsis

    The Charlotte Transit Center (CTC) has been operating as a 501(c) 3, non-profit corporation known as the Charlotte Transit Center, Inc. since construction in 1994.

    The corporate structure was a result of the desire by NationsBank (now Bank of America) and the City to partner on design, construction, and operation of the CTC.

    The Corporations Board of Directors now consists of two representatives from the Bank and two representatives from the Charlotte Area Transit System (CATS).

    As allowed in the corporate bylaws, the Bank now desires to resign from the Corporation as management of a transportation facility is not part of the Banks core business. The CTC can be operated by the City without the need for a corporate management structure. The Corporation can be dissolved and all existing tenant leases, vendor contracts, agreements, and accounts, including the property itself, can be transferred or assigned to the City by the start of Fiscal Year 2015.

    The transfer should not impact day-to-day transit services, transit riders, or CTC tenants.

    Future Action Staff is requesting the City Council consider approval of the action as part of the business item, on page 22 of tonights Council Business Agenda.

    4. Briefing on the Fall Cankerworm Issue in Charlotte

    Resource(s): Don McSween, Engineering & Property Management

    Time: 10 minutes Synopsis

    Staff will brief the City Council on the fall cankerworm infestation in Charlotte. The cankerworm is a native insect of eastern North America. The populations have been substantially high for 20 years requiring the City

    to conduct a tree banding program and three aerial sprays in order to protect Charlottes tree canopy.

    Nationally known entomologists cannot fully explain why Charlottes cankerworm population has been persistently high.

    The current high cankerworm population areas are in south, west, and northeast Charlotte.

    Future Action The presentation is for information only.

  • City Council Agenda

    June 9, 2014 3

    5. Text Amendment Animal Fostering

    Resource(s): Laura Harmon, Planning Shad Spencer, Planning

    Time: 10 minutes Synopsis

    Chapter 3, Animals in Part II of the Code of Ordinances regulates animals. The Animal Care and Control Division of the Charlotte-Mecklenburg Police

    Department have an Animal Control Foster Care Program to provide a nurturing environment for dogs and cats before they are adopted. Examples are puppies and kittens that need to mature, dogs and cats that need rehabilitation, socialization, and training.

    The Zoning Ordinance includes a definition for commercial kennel in Section 2.201. There are no definitions in the Zoning Ordinance regarding animal rescue groups, fosterers, and no references to the Animal Care and Control Division.

    To complement the Police Departments fostering program, the Planning Department has prepared a text amendment (#2014-71) to modify the definition of commercial kennel to exclude an animal care and control fosterer, an animal rescue group, and an animal rescue group fosterer.

    Definitions for these terms are included in the text amendment. Staff will provide a brief overview of the proposed text amendment.

    Text amendment #2014-71 is scheduled for a public hearing on July 21, 2014.

    Future Action The presentation is for information only.

    6. Answers to Mayor and Council Consent Item Questions

    Resource(s): Ann Wall, City Managers Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting.

    7. Closed Session

    Action: Adopt a motion pursuant to NCGS 143-318.11(a)(3) to go into closed session to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to the attorneys concerning the handling of a claim.

  • City Council Agenda

    June 9, 2014 4

    Introductions Invocation Pledge of Allegiance 7:00 P.M. AWARDS AND RECOGNITIONS, MEETING CHAMBER 8. Employee of the Year Recognition 9. Home Ownership Month Proclamation

    Action: Mayor Clodfelter will recognize Stacie Neal, 2013 Employee of the Year.

    Action: Mayor Clodfelter will read a proclamation recognizing the

    month of July as Home Ownership Month.

  • City Council Agenda

    June 9, 2014 5

    CONSENT 10. Consent agenda items 24 through 39 may be considered in

    one motion except those items removed by a Council member. Items are removed by notifying the City Clerk.

    Consideration of Consent Items shall occur in the following order:

    A. Consideration of Consent Items that have not been pulled, and B. Consideration of Consent Items with citizens signed up to speak to the item.

  • City Council Agenda

    June 9, 2014 6

    ZONING 11. Rezoning Petition 2014-013

    Staff Resource(s): Tammie Keplinger, Planning Explanation The public hearing on this rezoning petition was held on March 17, 2014. The property is approximately 10.01 acres located on the east side of Providence

    Road between Lakeside Drive and Kuykendall Road (Council District 7). The petition proposes to allow the development of a three-story, 134-suite,

    dependent living facility with a total square footage of approximately 120,000 square feet.

    The petitioner added a note to the site plan after the Zoning Committee vote. On May 19, 2014, the City Council found the change, as follows, was not significant and voted not to refer the petition back to the Zoning Committee for review: All existing trees on Providence Road and Kuykendall Road corridors that are

    not located within proposed site improvements shall be preserved. The decision on this sufficiently protested petition was deferred to June 9, as

    requested by the petitioner, on May 19, 2014, since not all the City Council members were present at the meeting.

    The Zoning Committee found this petition to be inconsistent with the South District Plan but to be reasonable and in the public interest, based on information from the staff analysis and the public hearing by a 6-1 vote.

    The staff analysis states that senior living facilities are an institutional use designed to fit into a residential setting, and are considered to be compatible with single-family residential neighborhoods. This type of use has a low impact with respect to noise and traffic due to the nature of the residents. The concentrated building footprint of the proposed development allows for perimeter landscaping, buffers, and a large undisturbed tree save area. The sites location on Providence Road, a major thoroughfare, and Kuykendall Road, a minor thoroughfare, is appropriate for an institutional use such as the proposed facility.

    The Zoning Committee voted 6-1 to recommend APPROVAL of this petition with the following modifications:

    1. Amended note 2a to refer to Section 9.503 and specify the type of Home for the Aged units as dependent units. The petitioner added the following language for clarity, except for the two independent units, for management staff only, not for rental purposes.

    2. Amended note 4a to specify a maximum proposed building height of 44 feet, which is more restrictive than the 45 feet requested by staff.

    3. Removed note 5c from the site plan. 4. Amended note 6a to reflect the amount of tree save provided as specified in

    the Development Data on sheet 2/3. 5. Provided additional building articulation and step-downs along the

    southeastern and northern building faades. 6. Revised the Site Section A-A to reflect the current site design.

    Action: Render a decision on proposed rezoning 2014-013 by Hawthorn Retirement, LLC From R-3 (single family residential), To INST (CD) (institution, conditional)

  • City Council Agenda

    June 9, 2014 7

    7. Deleted references to Lots A and B in the data table and amended site acreage under the data table to show the proposed acres to remain R-3 and proposed acres to be rezoned.

    8. Amended the Providence/Kuykendall perspective drawing and explained it is for representational purposes and to refer to the preliminary landscape plan for exact trees and plantings.

    9. Clarified the use of vinyl by stating the prohibition will not include soffits and windows.

    10. Added a note to each sign location on the landscape plan stating that they will be subject to a separate permit.

    11. Added the required eight-foot planting strip along Providence Road to the Preliminary Landscape Plan.

    12. Amended note 8a to limit the height of freestanding lights to 16 feet, which is more restrictive than the 20 feet requested by staff.

    13. Clarified non-peak hours by specifying the hours of 7am-9am and 4pm-6pm.

    14. Added the proposed CATS waiting pad to the Preliminary Landscape Plan. 15. Removed the Undisturbed Natural Area label located on the lower edge of

    the Preliminary Landscape Plan at the Kuykendall driveway. 16. Clarified the conflict between the Undisturbed Natural Area labels and the

    46-foot Class C buffer that is being planted along the northern property line in common with the abutting property. This was achieved by removing the Undisturbed Natural Area labels and adding a note stating Work within the buffer area limited to planting additional trees and shrubs for benefit of neighboring property owners.

    17. Labeled the sidewalk around and extending from the covered well to the sidewalk along Kuykendall Road shown on the lower right hand corner of the Preliminary Landscape Plan.

    18. Amended site plan to reflect a required 50-foot Class C buffer instead of the 46-foot Class C buffer.

    19. Removed unneeded sheets in the site plan packet. 20. Added note 8b for garage lighting. 21. Added overhang foliage to the retaining wall on the landscape plan and site

    sections. The minority of the Zoning Committee felt the proposed building was out of scale

    and context for the area and expressed concerned about the impact the grading would have on the existing trees. Newly planted trees would take years to grow and, due to the elevation difference, would leave the proposed building exposed to the neighborhood to the rear.

    Staff agrees with the recommendation of the majority of the Zoning Committee.

    Attachment 1 Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan

  • City Council Agenda

    June 9, 2014 8

    PUBLIC HEARING 12. Public Hearings on Voluntary Annexations

    Staff Resource(s): Jonathan Wells, Planning Explanation

    Public hearings to obtain community input and are required prior to the City Council taking action on annexation requests.

    The four voluntary annexation petitions are: West Boulevard/Berewick IV: a Mecklenburg County-owned 8.70 acre area

    containing a small segment of Berewick Park, located on Dixie River Road west of I-485;

    Wilkinson/Interstate-485 IV: a City-owned 3.54-acre area located north of Wilkinson Boulevard, and east of Interstate-485;

    Avery Meadows: a petition from the owners of this 16.84-acre property located in the 8000 block, and on the west side of Beatties Ford Road; and

    Frank Vance Road: a petition from the owners of this 19.34-acre property located in the 6900 block, and on the west side of Beatties Ford Road.

    These areas are vacant land. All four properties are located within Charlottes extraterritorial jurisdiction and

    share boundaries with current city limits. Annexation of these properties will allow for more orderly extension of City

    services and capital investments in the future. The effective annexation date for these properties will be June 30, 2014. Ordinances also assign the annexed areas to adjacent City Council districts.

    Consistent with City Council Policies These annexations:

    Are consistent with City voluntary annexation policies approved on March 24, 2003;

    Will not adversely affect the Citys ability to undertake future annexations; Will not negatively impact City finances or services; and Will not result in situation where unincorporated areas will be encompassed by

    new City limits.

    Attachment 2 Maps Annexation Ordinances

    Action: A. Hold public hearings for the following voluntary annexations: West Boulevard/Berewick IV, Wilkinson/Interstate-485 IV, Avery Meadows, and Frank Vance Road, and

    B. Adopt ordinances with an effective date of June 30, 2014,

    to extend the corporate limits to include these properties and assign each to the adjacent City Council districts.

  • City Council Agenda

    June 9, 2014 9

    13. Public Hearing on a Resolution to Close an Unopened Alleyway off of Newberry Street

    Staff Resource(s): Jeff Boenisch, 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 received a petition to abandon

    public right-of-way and requests this City Council action in accordance with the statute.

    The action removes land from public right-of-way status and attaches it to the adjacent property.

    The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerks Office.

    Petitioner City of Charlotte

    Right-of-Way to be abandoned An unopened alleyway off of Newberry Street

    Reason To incorporate the right-of-way into the adjacent property currently owned by the City of Charlotte to accommodate future development needs. Notification As part of the Citys notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) and/or Neighborhood/Business Association(s) Big Springs Methodist Church Notified/No comments

    Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of

    ingress and egress to his property as outlined in the statutes; or Be contrary to the adopted policy to preserve existing rights-of-way for

    connectivity.

    Attachment 3 Map Resolution

    Action: A. Conduct a public hearing to close an unopened alleyway off of Newberry Street, and

    B. Adopt a resolution to close an unopened alleyway off of

    Newberry Street.

  • City Council Agenda

    June 9, 2014 10

    POLICY 14. City Managers Report 15. City Manager and City Attorneys Evaluation Criteria

    Committee Chair: David Howard Staff Resource(s): Cheryl Brown, Human Resources

    History On May 12, 2014, the City Council approved the Governance & Accountability Committee (Committee) recommendation of the performance review process for the City Manager and the City Attorney, and the subsequent City Council Meeting calendar schedule to accommodate the performance reviews as follows: City Manager: Monday July 28, 2014, at 12:00 p.m., CH-14, Charlotte-

    Mecklenburg Government Center; and City Attorney: Monday August 25, 2014, at 12:00 p.m., CH-14, Charlotte-

    Mecklenburg Government Center. Explanation On May 12, 2014, the City Council approved Phase One of the recommendation,

    which directs the City Manager and the City Attorney to provide the Committee with recommendations on the performance criteria on which each are evaluated.

    On May 28, 2014, the Committee reviewed the recommended criteria provided by the City Manager and the City Attorney and recommended minor content revisions.

    The Committee recommends the following criteria be used for the performance review of the City Manager: Builds Community, Provides Operational Leadership, Promotes Effective Relationships with the Mayor and the City Council, Develops the City Workforce, Engages in Professional Development, and Manages Special Projects/High-Priority Issues.

    The Committee recommends the following criteria be used for the performance review of the City Attorney: Advises the Mayor and the City Council, Represents the Citys Interests, Assists the City Manager and Staff, Manages the City Attorneys Office, and Engages in Professional Development.

    Copies of the City Manager and the City Attorneys more detailed performance criteria that were discussed with the Committee are attached.

    In addition, the Committee concurs with the City Manager and the City Attorneys recommendations to include multi-rater evaluations, including periodic evaluations by subordinates, peers, or people external to the City, to enhance the evaluation process.

    Action: Approve the Governance & Accountability Committee recommendation of the performance criteria for the City Manager and the City Attorney.

  • City Council Agenda

    June 9, 2014 11

    The results of these evaluations are confidential personnel files and may not be publicly released.

    Governance & Accountability Committee Discussion At its meeting on March 24, 2014, the Committee discussed the evaluation

    process and recommended minor revisions. On April 28, 2014, the Committee voted unanimously (Howard, Mayfield, Autry,

    Kinsey, and Phipps) to recommend the process, outlined above, for approval by the City Council.

    On May 12, 2014, the City Council voted unanimously (Howard, Mayfield, Autry, Kinsey, and Phipps) to follow the process as recommended by the Governance & Accountability Committee.

    Attachment 4 Timeline for the City Managers Fiscal Year 2014 Evaluation Timeline for the City Attorneys Fiscal Year 2014 Evaluation Detailed Performance Criteria for the City Manager Detailed Performance Criteria for the City Attorney

  • City Council Agenda

    June 9, 2014 12

    16. Fiscal Year 2015 Operating Budget and Fiscal Years 2015-2019 Community Investment Plan

    Committee Chair: Greg Phipps

    Staff Resource(s): Randy Harrington

    Policy As required by state law, the City of Charlotte adopts the annual appropriation and tax levy ordinance and considers related actions by July 1 of each fiscal year. Background Since January 2014, the Mayor and the City Council held three Budget Workshops

    and the required Public Hearing to shape development of this budget. On May 5, the City Managers Recommended Budget was presented. Additionally, the City Council held their Budget Adjustments meeting on May 14, and the Budget Straw Votes meeting on May 28.

    The Fiscal Year 2015 operating budget continues current service levels for day-to-day operations with few adjustments: No change to the property tax rate; Minimal increases to the General Fund in response to contract escalations,

    vehicle maintenance, technology maintenance and software licenses, streetlights, utilities, and business investment grants;

    Modest pay plan for the employees who deliver City services as well as conversion of existing full-time temporary employees to regular status; and

    Increases to Utility and Storm Water rates that reflect the cost of service and address infrastructure needs.

    The Fiscal Years 2015-2019 capital budget reflects the inclusion of a General Community Investment Plan to meet the needs of a growing community by focusing on livability, getting around, and job growth. The Enterprise Capital budgets respond to an aging infrastructure and growing service demands.

    Approved Changes to the Managers Recommended Budget from May 28 Council Straw Votes On May 28, 2014, the City Council approved the following budget amendments for

    the operating budget: Amendment 1: Restore funding for Above & Beyond Students at their Fiscal

    Year 2014 level and provide funding for YWCA at their Fiscal Year 2013 level for a total additional amount of $175,261 using eligible Fiscal Year 2015 federal Community Development Block Grant funds.

    Action: Adopt the following ordinance, resolutions, agreement, and contracts: A. The Fiscal Year 2015 Operating Appropriations and Tax Levy

    Ordinance, B. The Fiscal Years 2015-2019 Community Investment Plan

    Resolution, C. The Fiscal Year 2015 Storm Water Interlocal Agreement, D. The Fiscal Year 2015 Pay and Benefits Plan Resolution and

    associated Human Resources contracts, E. Outside Agencies and Municipal Service Districts Contracts, F. Approve Other Budget Items, and G. Charlotte-Mecklenburg Housing Partnership Contract.

  • City Council Agenda

    June 9, 2014 13

    Amendment 2: Increase Charlotte Regional Partnership operating funding by $16,974 using City-County Interlocal Program Savings.

    Amendment 3: Add a Principal Planner position and associated operating costs to support preservation of Historic Districts in the amount of $88,322 using City-County Interlocal Program Savings with the intent to develop a fee program to cover a portion or all of the associated costs in future fiscal years.

    A. Adopt the Fiscal Year 2015 Operating Appropriations and Tax Levy Ordinance

    Budget Overview The budget sustains essential services in community safety, the environment,

    transportation, housing and neighborhood development, economic development and global competitiveness, and the administrative support that they require.

    The total Fiscal Year 2015 budget is $2.1 billion, with $1.25 billion for operating expenditures and $852.9 million for capital expenditures (all funds). The General Fund operating budget totals $513.3 million (net of transfers).

    The total recommended budget includes the following key revenues: No change to the property tax rate of 46.87; Water and Sewer rates increase by 3.1%, or $1.73 per month for the typical

    user; Storm Water impervious surface fees increase by 3.0% for a typical home (24

    per month); and Charlotte Area Transit System base user fare increase of 20.

    Property Tax Rate The property tax rate for Fiscal Year 2015 is 46.87 per $100 of assessed

    valuation, with no changes from the prior year. The Fiscal Year 2015 assessed value is estimated at $91.6 billion, with an estimated collection rate of 97.2%.

    Purpose

    Fiscal Year 2014

    Tax Rate

    Fiscal Year 2015

    Tax Rate

    Change General Fund 36.00 36.00 0.0 Municipal Debt Service Fund (Capital) 9.67 9.67 0.0 Pay-As-You-Go Fund (Capital) 1.20 1.20 0.0 Total 46.87 46.87 0.00

    Attachment 5 Annual Budget Ordinance

  • City Council Agenda

    June 9, 2014 14

    B. Adopt the Fiscal Years 2015-2019 Community Investment Plan Resolution

    The resolution approves the five-year Community Investment Plan expenditure and financing plan totaling $4.1 billion (all funds).

    General Fund Community Investment Plan The capital program is based on property tax rates as follows:

    9.67 for the Municipal Debt Service Fund, unchanged from the prior year; and 1.20 for the Pay-As-You-Go Fund, unchanged from the prior year.

    The Fiscal Years 2015-2019 five-year General Community Investment Plan totals $809.7 million, comprised of the following categories: Housing and Neighborhood Development: $260.7 million Transportation: $268.4 million Economic Development: $116.7 million Environmental Services: $16.6 million Facility Investments: $147.3 million

    The General Community Investment Plan is supported by three of four proposed bond referenda in 2014, 2016, and 2018 (the fourth bond referenda in 2020 will be reflected in future five-year Community Investment Plans beginning in Fiscal Year 2016 for a total recommended General capital debt package of $816.4 million).

    Enterprise-Funded Community Investment Plans Enterprise programs are financially self-sustaining and do not rely on property

    tax or general government revenues. Charlotte Area Transit System totals $1.2 billion and is funded by federal and

    state grants and the one half-cent sales tax for transit. Aviation totals $1.3 billion and is funded by $854.8 million in revenue bonds,

    $112.7 million in Federal Aviation Administration grants, $33.0 million in Transportation Security Administration funding, and $274.4 million in cash.

    Storm Water totals $267.9 million and is funded by $180.5 million in cash and $87.4 million in revenue bonds.

    Utility Department (Water and Sewer) totals $609.9 million and is funded by $203.5 million in cash and $406.4 million in revenue bonds.

    Attachment 5 Annual Budget Ordinance Attachment 6 Resolution List of Projects

  • City Council Agenda

    June 9, 2014 15

    C. Approve the Fiscal Year 2015 Storm Water Interlocal Agreement In accordance with the Interlocal Agreement on storm water services, this action

    will inform the County of the amount to be charged for the City's portion of the fee. The County Commission will vote on storm water fee changes on June 17.

    The current long-range plan for the storm water program includes annual increases in the City's storm water fee in order to finance the ongoing response to new and backlogged citizen requests for service.

    The fees for Fiscal Year 2015 maintain the existing two-tier methodology and increase fees by 3.0% from Fiscal Year 2014 to Fiscal Year 2015:

    Fee Category

    Fiscal Year 2014

    Monthly Fee

    Fiscal Year 2015

    Monthly Fee Detached homes with less than 2,000 sq. ft. impervious area

    $5.36

    $5.52

    Detached homes with 2,000 sq. ft. or more impervious area

    $7.89

    $8.13

    Commercial and multi-family per acre of impervious area

    $131.56

    $135.56

    The 3.0% fee increase will result in additional revenue of $1.4 million in Fiscal

    Year 2015. In accordance with the Interlocal Agreement on storm water services, the

    Mecklenburg County Board of Commissioners conducted a public hearing on changes to the City's portion of the storm water fee on May 20, 2014. The City Council also conducted a public hearing on storm water fees in conjunction with the Fiscal Year 2015 budget public hearing on May 14, 2014.

    Attachment 5 Annual Budget Ordinance

    D. Adopt the Fiscal Year 2015 Employee Pay and Benefits Plan Resolution

    and associated Human Resources contracts The recommendations included in the Fiscal Year 2015 Pay and Benefits Report

    include the following:

    Pay Plans In the Public Safety Pay Plan, the budget includes the following:

    2.5% or 5.0% step adjustments; and 1.5% market adjustment.

    In the Broadbanding Pay Plan, the recommended budget includes a 3% merit pool.

    Benefits The City contribution to group health insurance increases only 2% due to the

    Citys commitment to the City Council adopted philosophy of: aggressive cost management for benefits, employees expected to fairly share in the cost of benefits, moderate level of benefits and pay, and proactive support of wellness programs to reduce future costs.

    The following plan design and premium changes, which are being evaluated and will become effective January 1, 2015, include: Employee and Retiree Medical

    o Reducing the in-network individual and family out-of-pocket maximums in the medical and prescription drug plans to comply with the maximums

  • City Council Agenda

    June 9, 2014 16

    as outlined in the Patient Protection and Affordable Healthcare Act. o Currently the medical benefit plan is administered by Blue Cross Blue

    Shield of North Carolina. The City Manager or his designee is authorized to either renegotiate or rebid the current contract. If the contract is rebid, the City Manager or his designee is authorized to select a vendor and execute the contract and future contract amendments with the selected vendor upon completion of the bid process.

    o The City Manager is authorized to approve changes including plan options, vendors, and future contracts/contract amendments to the fully insured medical and prescription drug plans for Medicare eligible retirees.

    o Since the plans for Medicare eligible retirees are fully insured, the City Manager/designee is authorized to approve cost sharing changes, vendor changes, and rate increases as necessary to appropriately fund these plans upon receipt of renewal rates from AmWINS Group, Inc. (wholesale insurance company).

    o 2% increase in Citys cost for group insurance coverages. o 5.2% total medical premium increase in both the Plus PPO and Basic PPO

    Plans. o Premiums increase as outlined in the following table:

    Medical Premiums for Active Employees and Retirees

    Level of Coverage

    Fiscal Year 2014 Monthly Premium

    Fiscal Year 2015 Monthly Premium

    PPO Basic Plan

    PPO Plus Plan

    PPO Basic Plan

    PPO Plus Plan

    Employee Only $81.19 $116.34 $71.26 $128.20 Employee/Children $349.21 $439.91 $338.48 $443.71 Employee & Spouse/Domestic Partner $365.27 $472.92 $374.11 $520.48 Employee/Family $387.29 $507.85 $421.85 $546.98 Retiree Only $198.89 $250.34 $209.23 $263.35 Retiree/Children $543.13 $660.93 $571.35 $695.28 Retiree & Spouse/Domestic Partner $568.10 $702.81 $597.62 $739.33 Retiree/Family $602.34 $751.00 $633.63 $790.03

    Notes: Retiree premiums based on retirees with 20+ years of service for the PPO plans; Employees not participating in specified Wellness Program will have an increased cost of $40 per month for Employee only and Employee/Children and $60 per month for Employee/Spouse/DP and Employee/Family Employee Dental:

    o Increasing the out-of-network dental plan deductibles from $50 to $75 and reducing the out-of-network benefits in both dental plans.

    o 4.5% total dental premium increase in the Basic Plan and 5.8% total premium increase in the Plus Plan.

    o City contribution increases from $26 to $28 for all tiers. o Employees will experience a premium adjustment of -$0.17 per week to

    +$1.20 per week, depending on the level of coverage and plan selected. Medical Coverage for Surviving Spouses of Non-Public Safety Officers Killed in

    the Line of Duty: o The City currently provides surviving spouses of Public Safety Officers

    killed in the line of duty the option to continue medical coverage until the earlier of either the spouses remarriage or attainment of Medicare eligibility. Dependent children may continue coverage until they no longer

  • City Council Agenda

    June 9, 2014 17

    qualify based on Medical plan guidelines. Premiums are based on the active rate for 3 years and then the 20-year retiree rate.

    o Currently surviving spouses of Non-Public Safety Officers may only continue medical coverage to the earlier of either the spouses remarriage or three years from the date of the employees death.

    o Effective July 1, 2014, it is recommended that the surviving spouse provision for Public Safety Officers be applied to Non-Public Safety Officers so all employees killed in the line of duty are covered under the same provision regarding the surviving spouses option to continue medical coverage.

    The City is currently reviewing and rebidding services. Approval of Action D. authorizes the City Manager/designee to execute the following: o Employee Assistance Program: Upon completion of a rebidding process,

    select a vendor and execute the contract and future contract amendments with the selected vendor upon completion of the bid process.

    o Benefits Consulting Services: Amend the current contract with Willis of North Carolina for two additional, one-year terms (2015 and 2016).

    Attachment 7 Resolution E. Approve Outside Agencies and Municipal Service Districts Contracts The following table lists the individual Outside Agency and Municipal Service

    District contracts. A Scope of Services for these agencies is provided as an attachment.

    Annual Outside Agency Contracts

    General Fund Financial Partners Fiscal Year 2015

    Amount Arts & Science Council $2,940,823

    Charlotte Regional Partnership 141,008

    Community Building Initiative 50,000

    Safe Alliance 333,977

    Charlotte Regional Visitors Authority* 12,467,298 Charlotte Regional Visitors Authority - Film Commission

    150,000

    TOTAL $16,083,106 *Actual revenue is determined by formula-driven, dedicated sources

    Neighborhood & Business Services

    Financial Partners Fiscal Year 2015

    Amount Charlotte-Mecklenburg Housing Partnership, Inc. - Affordable Housing $1,960,000 Charlotte-Mecklenburg Housing Partnership, Inc. - House Charlotte 231,000 Community Link 450,000 Crisis Assistance Ministry 380,000

    Carolinas Care Partnership 1,060,917 Charlotte Family Housing 330,000 YMCA Community Development 48,699 TOTAL $4,460,616

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    June 9, 2014 18

    Out of School Time Partners Fiscal Year 2015

    Amount Greater Enrichment Program $350,000

    Citizen Schools 306,342

    Police Activities League 287,410

    Youth Development Initiatives 162,325

    Above and Beyond Students 110,358

    YWCA 158,826

    TOTAL $1,375,261 Municipal Service District Contracts The Fiscal Year 2015 tax rates for the five Municipal Service Districts remain

    unchanged from the Fiscal Year 2014 rates as listed in the following table:

    Municipal Service Districts Summary

    District Agency

    Fiscal Year 2015

    Tax Rate

    Fiscal Year 2015

    Contract Amount*

    District 1-Center City

    Charlotte Center City Partners 1.68 $1,465,916

    District 2-Center City

    Charlotte Center City Partners 2.33 $791,263

    District 3-Center City

    Charlotte Center City Partners 3.58 $1,582,889

    District 4-South End

    Charlotte Center City Partners 6.68 $715,402

    District 5-University City University City Partners 2.79 $734,123 *Actual contract revenue is determined by tax rate revenue

    Fiscal Year 2015 Public Art Work Plan The Arts & Science Council administers the Public Art Program, receiving 15% of

    the 1% allocated to Public Art as specified in Section 15-233 of the Charlotte City Code.

    The Fiscal Year 2015 Public Art Work Plan was presented to the City Council during the May 12, 2014, Dinner Briefing.

    The Fiscal Year 2015 Allocations are: General Community Investment Fund - $399,220; and Aviation Community Investment Fund - $672,312.

    Charlotte-Mecklenburg Workforce Development Board Job Training Contract for implementing federally-funded Workforce Investment

    Act in an amount up to $10,635,530. Source of Funds includes Workforce Investment Act Grants in an amount of

    $7,731,530, and Carry-over of unexpended Fiscal Year 2014 Grants in an amount of $2,904,000.

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    June 9, 2014 19

    Foundation For The Carolinas - A Way Home Fiscal Year 2014 provided initial funding to support the $10 million A Way Home

    Program (formerly Rental Assistance Endowment) City request from the Foundation For The Carolinas.

    The $10 million will leverage $10 million from the private sector and $1.4 million of Mecklenburg County funding.

    Support to the District Attorneys Office - Property Crime Unit Since 2008, the City has provided annual funding (via the Charlotte-Mecklenburg

    Police Department operating budget) to the District Attorney to support two Assistant District Attorneys and three Victim/Witness Legal Assistants from the North Carolina Administrative Office of the Courts to address the backlog of cases in Mecklenburg County and support Police Department crime fighting initiatives.

    This action authorizes the City Manager to negotiate and execute the Fiscal Year 2015 contract with the District Attorney and NC Administrative Office of the Courts for continued funding of these five positions.

    Attachment 8 Description of Services

    F. Approve Other Budget Items The budget ordinance included is the Citys annual budgetary operating

    ordinance. Sections 1 through 14 of this Ordinance reflect the items included in the Managers Recommended Budget and all Council amendments.

    The remainder of the Annual Ordinance (Sections 15 through 77) serves to make budgetary corrections to the current fiscal year for technical, accounting, and other wind-up tasks necessary prior to the fiscal years end.

    Sections 15 through 26 General Capital Project Funds Sections 15 through 26 appropriate and consolidate funding to prepare existing

    accounts for transactions presented in the FY2015-2019 Community Investment Plan and make other capital project technical adjustments

    Sections 27 through 32 CATS Operating and Capital Projects Funds Section 27 appropriates a contribution from the Foundation For the Carolinas Sections 28 through 31 transfer existing funding Section 32 adjusts amount within the CATS Capital Project Funds to reflect

    revised funding amounts from grants and local resources Sections 33 through 46 Aviation Operating and Capital Projects Funds Sections 33 through 43 transfer existing funding Section 44 appropriates a State Aid to Airports grant Section 45 appropriates a transfer from Aviation Discretionary Fund for

    settlements for lawsuits related to noise Section 46 appropriates excess construction proceeds

    Sections 47 through 52 Other Funds Sections 47 appropriates additional grant proceeds for the Muddy Creek

    Restoration Project Section 48 appropriates funding for unemployment insurance as directed by the

    State Section 49 appropriates funding for interest on property tax refunds for appeals Section 50 appropriates funds received from Intergraph pertaining to the

    computer aided dispatch system

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    June 9, 2014 20

    Section 51 appropriates a transfer from refunding savings of 2002 and 2003 General Obligation bonds to be applied to other post-employment liability

    Section 52 authorizes the City Manager to execute final closeout of the Federal Security Grant for the 2012 Democratic National Convention

    Sections 53 through 77 Section 53 includes technical accounting changes necessary to clarify or correct

    FY2014 and other prior-year budgetary ordinances Sections 54 through 77 give the Chief Financial Officer authority to make specific

    routine appropriations and transfers within the adopted budget

    Attachment 5 Annual Budget Ordinance

    G. Approve the Fiscal Year 2015 Charlotte-Mecklenburg Housing Partnership Contract

    Affordable Housing Contract $1,960,000

    This contract includes funding to address planning for future multi-family and single-family housing development by increasing affordable homeownership and rental opportunities.

    House Charlotte Program Administration $231,000

    This contract funds the administration of the House Charlotte program.

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    17. Business Privilege License Tax City Code Amendment

    Staff Resource(s): Greg Gaskins, Finance Bob Hagemann, City Attorneys Office Explanation On May 29, 2014, the General Assembly ratified and Governor McCrory signed

    House Bill 1050 (S.L. 2014-3) which, among other things: Reenacted the authority of cities to levy privilege license taxes, which

    authority was inadvertently repealed during the 2013 legislative session; Imposed a new limitation for the 2014-2015 tax year that limits the

    applicability of privilege license taxes to businesses that are physically located within the City; and

    Repeals the authority of cities to levy privilege license taxes (with certain limited exceptions) effective for taxable years beginning on or after July 1, 2015.

    Given the inadvertent repeal during the last legislative session, the County Tax Collector did not mail 2014-2015 tax bills in mid-May as has been the practice.

    Now that the authority has been reenacted, the Tax Collector will be sending bills to businesses still subject to the tax. However, the timing of the mailing will not provide a fair opportunity for businesses to pay the tax by July 1 and thereby avoid penalties and interest for late payment.

    In light of the foregoing, the proposed ordinance would: Conform to the description of who must pay the tax to the new statutory

    provision that limits the applicability to businesses that are physically located in the City;

    Establish July 31, 2014, as the due date for 2014-2015 taxes; and Provide that taxes paid after August 1, 2014, would be subject to additional

    taxes for late payment.

    Attachment 9 Ordinance

    Action: Adopt an Ordinance amending Chapter 13 of the City Code to conform with recent legislative changes to the Citys Business Privilege License Tax authority and to move the due date and imposition of penalties and interest back 30 days for Fiscal Years 2014 and 2015.

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    BUSINESS

    18. Charlotte Transit Center - Transfer of Ownership

    Staff Resource(s): Carolyn Flowers, CATS John Muth, CATS

    Explanation On September 28, 1994, the City and NationsBank formed a non-profit

    Corporation to build and operate a public transportation terminal, the Charlotte Transit Center (CTC).

    The City provided the land and continuing contributions for transit-related expenses of the CTC, and NationsBank provided the funding for construction and continuing contributions for the retail-related expenses of the CTC.

    The Corporations Board of Directors now consists of two representatives from Bank of America (as successor to NationsBank) and two representatives from the City/Charlotte Area Transit System (CATS).

    The Board of Directors generally meets at least twice per year to discuss operations at the CTC and to adopt the annual budget.

    The Corporation manages the property through a property manager, Lincoln Harris, that is responsible for: Administration of tenant leases, including addressing tenant service requests

    and finding retail tenants; Management of the day-to-day operations of the CTC, with oversight and

    participation by CATS Facilities Management Department; and Administration of vendor contracts for services such as heating, ventilation,

    and air conditioning maintenance, pest control, and exterior lighting. City staff has been directly involved with the CTC both due to the presence on

    the Board of Directors and due to the importance of the CTC as the main operating facility for passengers using the transit system.

    As allowed in the corporate bylaws, the Bank now desires to resign from the Corporation as management of a transportation facility is not part of the Banks core business. The CTC can be operated by the City without a corporate management structure. Therefore, in anticipation of dissolution of the Corporation, the City/CATS has performed a due diligence process, both in terms of the building itself and in terms of the financial condition of the Corporation.

    The CTC was physically inspected by an engineering consultant retained by the City; no significant issues were identified.

    The Corporation has incurred no long-term liabilities and has a capital/operating reserve of approximately $800,000 that transfers with the asset. The reserve will be available to the City for future use to maintain the CTC.

    Action: A. Authorize the City Manager to execute all documents required to dissolve the non-profit corporation known as Charlotte Transit Center, Inc., (the Corporation) and to transfer all assets, liabilities, and obligations of the Corporation to the City, and

    B. Authorize the City Manager to negotiate and execute a

    contract with Lincoln Harris, in an amount not to exceed $195,000, to provide property management services for the Charlotte Transit Center for Fiscal Year 2015.

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    June 9, 2014 23

    The Corporation can be dissolved and all existing tenant leases, vendor contracts, agreements and accounts, including the property deed, can be transferred or assigned to the City by the start of Fiscal Year 2015. Not including City departments, currently, nine retail tenants occupy CTC,

    which is detailed in the chart below. Tenant Terms/Duration of Lease Square Feet

    Bojangles Express 10 Year(s) Lease/ Expires December 10, 2020

    632

    Burger King 10 Year(s) Lease/ Expires October 31, 2020 3,948 GO Wireless Expires January 15, 2017 316 Go Wireless Expansion

    7 Year(s) Lease/ Expires January 15, 2017 126

    Lil Orbits Month To Month 126 Bank of America ATM

    5 Year License/Use Agreement/ Expires May 6, 2015; Bank shall have the option to renew this Agreement after the expiration of the initial term for two renewal options of five years.

    42

    China Shuttle 10 Year(s) Lease/ Expires May 6, 2020 2,429 Plaza Sundries 10 Year(s) Lease/ Expires October 31, 2020 930 Subway 5 Year(s) Lease/ Expires December 26, 2015 582

    In order to achieve a seamless management transition, City staff recommends

    partnering with Lincoln Harris for leasing and day-to-day management of the CTC until the end of Fiscal Year 2015. This will allow sufficient time for the City staff to determine whether the day-

    to-day management of the property, including the leasing of the retail portion of the CTC, should be assumed by the City, or if the leasing and management of the CTC should be part of a future competitive bid process.

    The cost of the one-year contract with Lincoln Harris will be paid from CTC revenue/CATS budget. CATS Fiscal Year 2015 operating and capital budgets anticipate the transfer of the CTC as outlined above, which was approved by the Metropolitan Transit Commission on April 23, 2014, and the City Council on May 27, 2014.

    The transfer should not impact day-to-day transit services, transit riders, or CTC tenants.

    Funding CATS Operating Budget

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    June 9, 2014 24

    19. General Obligation Bond Referendum

    Staff Resource(s): Greg Gaskins, Finance Explanation The City Council is scheduled to adopt the Fiscal Year 2015 budgets and Fiscal

    Years 2015-2019 Community Investment Plan at tonights meeting, which includes a $145,965,000 bond referendum on November 4, 2014.

    The referendum total is $1,000 more than the total appropriation of $145,964,000 due to the requirement to approve bonds in $5,000 increments.

    The referendum includes $110,965,000 of street bonds, $20,000,000 of neighborhood improvement bonds, and $15,000,000 of housing bonds.

    The statutory requirements for the legal process include applying to the Local Government Commission for approval, holding a public hearing on the proposed bond orders, setting of the special referendum, and certification of the results.

    The current action is the first of four City Council actions. This first action will specifically authorize: Publication of a notice of intent to apply to the Local Government

    Commission, Application to the Local Government Commission, and Certain statements of facts concerning the proposed bonds.

    Next Steps On June 23, 2014, the bond orders will be introduced, and the City Council will be

    asked to set a public hearing on the bond orders for July 28. On July 28, the City Council will be asked to hold a public hearing on each of the

    bond orders, approve the bond orders (including the form and language of the ballot), and set a special bond referendum.

    After November 4, the City Council will be asked to adopt a resolution certifying and declaring the results of the special bond referendum. This action will occur after the Mecklenburg Board of Elections certifies the results of the vote.

    Funding Municipal Debt Service Fund Attachment 10 Resolutions

    Action: Adopt resolutions authorizing staff to proceed with the necessary actions to conduct a general obligation bond referendum on November 4, 2014.

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    20. Nominations to Boards and Commissions

    A. CHARLOTTE HOUSING AUTHORITY

    One appointment for an unexpired term beginning immediately and ending December 17, 2014, and then continuing for a full three-year term beginning December 18, 2014, and ending December 17, 2017. - Joel Ford has resigned.

    Attachment 11 Applications

    B. CHARLOTTE-MECKLENBURG PUBLIC ACCESS CORPORATION

    Two appointments for three-year terms beginning July 1, 2014, and ending June 30, 2017. - Linda Lou Webb is eligible but not interested in being considered for

    reappointment. - Jay Rao has completed two full terms of service.

    Attachment 12 Applications

    C. DOMESTIC VIOLENCE ADVISORY BOARD

    One appointment for a three-year term beginning September 22, 2014, and ending September 21, 2017. - Beatrice Cote is eligible and interested in being considered for

    reappointment.

    Attachment 13 Applications D. HISTORIC LANDMARKS COMMISSION

    Two appointments for three-year terms beginning July 17, 2014, and ending July 16, 2017. - Frank Bragg and Lynn Weis have completed two full terms of service

    and are not eligible for reappointment.

    Attachment 14 Applications E. PLANNING COMMISSION

    One appointment for a three-year term beginning July 1, 2014, and ending June 30, 2017. - Karen Labovitz is eligible and interested in being considered for

    reappointment.

    Attachment 15 Applications

    Action: Nominate citizens to serve as specified. Incumbents may be reappointed at this meeting.

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    F. STORM WATER ADVISORY COMMITTEE One appointment for an environmental professional; individual to be a

    member of a generally recognized organization involved in environmental issues, for a three-year term beginning July 1, 2014, and ending June 30, 2017. - Paula Martin has completed two full terms of service and is not eligible

    for reappointment.

    Attachment 16 Applications

    G. TRANSIT SERVICES ADVISORY COMMITTEE

    One appointment for an express service passenger for an unexpired term beginning immediately and ending January 31, 2017. - Andrew Bowen is no longer eligible for reappointment.

    One appointment for a van pool rider for an unexpired term beginning immediately and ending January 31, 2016. - Marvis Holliday has resigned.

    Attachment 17 Applications

    21. Appointments to Boards and Commissions

    A. NEIGHBORHOOD MATCHING GRANTS FUND One appointment for a neighborhood representative for a two-year term

    beginning April 16, 2014, and ending April 15, 2016. - Julio Colmenares by Council member Driggs. - Joel Gilland by Council member Barnes. - Chris Land by Council members Austin, Howard, Mayfield, and Phipps.

    Attachment 18 Applications

    22. Conclusion of Consent Agenda 23. Mayor and Council Topics

    Council members may share information and raise topics for discussion.

    Action: Vote on blue paper ballots and return to Clerk at dinner.

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    June 9, 2014 27

    CONSENT

    Introduction to CONSENT

    Consent consists of routine items that have been approved in the budget. Price lists for unit price contracts are available upon request.

    In April 2013, the City Council voted to replace the Citys Small Business Opportunity (SBO) Program with the Charlotte Business INClusion program. On July 1, 2013, the City phased in the Charlotte Business INClusion program into all of its practices and procedures. The Charlotte Business INClusion program seeks to promote diversity, inclusion, and local business opportunities in the Citys contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area. Participation of Minority, Women, or Small Business Enterprises (MBE, WBE, or SBE) is noted where applicable. For a period of time during Fiscal Year 2014, projects appearing in the Council Agendas will incorporate Policy references for either the current Charlotte Business INClusion program or the Small Business Opportunity Program. The applicable Charlotte Business INClusion program Policy or the Small Business Opportunity Program policy sections are referenced at the end of the Council Request for Council Action. Disadvantaged Business Enterprise Disadvantaged Business Enterprise is a federal program primarily used for Aviation and Transit. Contractors and Consultants All contractor and consultant selections follow the Council-approved process unless described otherwise. For the procurement of professional services and/or engineering, architectural, and surveying services, the North Carolina General Statutes 143-64.31 requires that units of government select firms qualified to provide such services on the basis of demonstrated competence and qualificationwithout regard to fee other than unit price information, and therefore to negotiate a contract for those services at a fair and reasonable fee with the best qualified firm.

    The property transaction process following the City Council approval for condemnation is referenced at the end of Consent.

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    24. Boulevard Homes (Renaissance) Phase III Bond Issuance Approval

    Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Zelleka Biermann, Neighborhood & Business Services

    Explanation The Charlotte Housing Authority (CHA) is requesting the City adopt a resolution

    authorizing the issuance of multi-family housing revenue bonds for Renaissance Phase III, a mixed-income, multi-family development.

    The CHA bonds, not to exceed $10,000,000, will be used to finance a portion of the construction of the development.

    Approval of this request is required by the governmental unit having jurisdiction over the area where the development is located to satisfy Section 147(f) of the Internal Revenue Code of 1986 and will not impact the proposed Community Investment Plan.

    CHA partnered with Laurel Street Residential, LLC to develop and build the Renaissance, including Phase III of the project.

    The Renaissance, a mixed-income community, is located at the intersection of West Boulevard and Billy Graham Parkway.

    Phases I and II are complete and 100% occupied. Phase III will consist of 150 mixed-income housing units. Phase III is scheduled to be complete by the end of 2015.

    The overall estimated redevelopment costs are $105,000,000.

    Background In 2010, the United States Housing and Urban Development Department (HUD)

    awarded the CHA a Hope VI grant, in the amount of $20,900,000, for the Renaissance revitalization project.

    On August 22, 2011, the City Council approved $12,000,000 to assist with the redevelopment of the Renaissance. The City Council approved $5,000,000 of Housing Trust Fund dollars for housing and $7,000,000 for infrastructure.

    Attachment 19 Charlotte Housing Authority Resolution City of Charlotte Resolution

    Action: Adopt a resolution granting the Charlotte Housing Authoritys request to issue multi-family housing revenue bonds to finance the development of mixed-income housing as part of Phase III of the Boulevard Homes (Renaissance) Hope VI redevelopment plan.

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    25. Police Assets Forfeiture Appropriation Law Enforcement Projects

    Staff Resource(s): Sherie Pearsall, Police Explanation State and federal law permits local law enforcement agencies to use their share

    of the proceeds from forfeited assets to fund law enforcement related programs and equipment.

    The request is to appropriate $251,000 in assets forfeiture funds for three law enforcement programs. $136,000 will be used for a partnership with Veterans Affairs.

    o Police will contract with Veterans Affairs to provide four wounded veterans work in the Real Time Crime Center for a term of one year.

    o The partnership will provide the opportunity for four wounded veterans to learn new skills as part of their transition into the civilian workforce.

    $90,000 will fund a contract with Information Builders to develop administrative dashboards for Internal Affairs, Human Resources, Fiscal Affairs, and Risk Management. o These dashboards will include data that will be used for making accurate

    and consistent decisions with real time information. o The dashboards will be a useful management tool for monitoring the

    Departments performance in critical areas and developing strategies that ensure that departmental goals are met.

    $25,000 will be used for a partnership with the InReach Program, a non-profit agency that provides residential and community services to people of all agencies with developmental disabilities. o Police will contract with InReach for one full-time, temporary employee to

    work in one of the Departments support divisions. The duration of employment will be for one year.

    Funding

    Police Assets Forfeiture Funds

    Attachment 20 Budget Ordinance

    Action: Adopt a budget ordinance appropriating $251,000 in assets forfeiture funds for law enforcement projects

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    26. Secondary Public Safety Answering Point Funding Program

    Staff Resource(s): Katrina Graue, Police Linda Fox, Police Explanation The NC 911 Board distributes funds collected through the states 911 service

    charge to Public Safety Answering Point (PSAP). The Charlotte-Mecklenburg Police Department is a primary PSAP for answering

    911 calls. The Mecklenburg Emergency Medical Services Agency (Medic) and the Charlotte Fire Department are secondary PSAP agencies.

    The NC 911 Board is creating a new program that will distribute funds to secondary agencies through their primary agency. The Board is requiring all PSAPs, with a secondary agency in the 911 system,

    to enter into a contract in order to implement the secondary funding program. The NC 911 Board is also requiring an Interlocal Agreement between the primary

    and secondary agencies in the same system to define and assign responsibilities for answering and responding to 911 calls. This Agreement must be signed by the Executive Director of the NC 911

    Board. An agreement between Police and Fire has been developed; it does not

    require approval by the City Council. The NC 911 Board determines the amount of funding provided to secondary

    agencies by a formula-based on-call volume to each individual agency. Funding to secondary agencies will not affect funding for the primary agency.

    Charlotte Business INClusion This is an Interlocal Agreement contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy)

    Attachment 21 Interlocal Agreement

    Action: A. Approve a contract with the NC 911 Board to implement the Secondary Public Safety Answering Point funding program, and

    B. Approve an Interlocal Agreement with Mecklenburg

    Emergency Medical Services Agency (Medic), a secondary Public Safety Answering Point for the 911 system, as required by NC 911 Board.

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    27. Signal Equipment for the CityLYNX Gold Line

    Staff Resource(s): Jimmy Rhyne, Transportation Tonia Wimberly, Engineering & Property Management State Contract Exemption G.S. 143-129(e)(9) allows local government to purchase from state contracts if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the state contract.

    Explanation The CityLYNX Gold Line project requires the installation of traffic signaling

    equipment along the corridor. The traffic signals are being replaced to extend the length of time for routine

    maintenance after the beginning of service. The Charlotte Department of Transportation staff will replace signal heads,

    pedestrian signals, and wiring at the following existing intersections: Trade Street and Brevard Street, Trade Street and Caldwell Street, Trade Street and Davidson Street, Trade Street and Alexander Street, Trade Street and McDowell Street, Elizabeth Avenue and Kings Street, Kings Drive and Hawthorne Lane, Hawthorne Lane and Fifth Street, Fifth Street and Brevard Street, Caldwell Street and Fifth Street, and Trade Street and Myers Street (newly signalized intersection).

    To ensure the purchase of the equipment meets the Federal Transit Administration (FTA) requirements, the equipment will be purchased from existing state contracts as allowed by the North Carolina statutes and FTA requirements.

    Installation will be completed in fourth quarter 2014. The work is included in the CityLYNX Gold Line Phase 1 project budget.

    Federal Disadvantaged Business Enterprise Opportunity No DBE goal was set for these contracts because there are no participation opportunities.

    Funding Federal Transit Administration Urban Circulator Grant and General Community Investment Plan

    Attachment 22 Map

    Action: A. Approve the purchase of traffic signal equipment from state contracts as authorized by G.S. 143-129 (e)(9), and

    B. Approve a contract with RAI Products for the purchase of

    traffic signal equipment per state term contracts #550A, #550D, and #550H in the aggregate amount up to $130,000 for the CityLYNX Gold Line project.

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    28. Scaleybark Road Traffic Calming Contract Amendment Staff Resource(s): Imad Fakhreddin, Engineering & Property Management

    Johanna Quinn, Transportation Explanation On June 27, 2011, the City Council approved a contract with AECOM Technical

    Services of North Carolina, Inc. to provide planning and engineering design services related to innovative traffic calming. Innovative traffic calming tools include traffic circles, curb extensions, bump-

    outs, and pavement markings to delineate alternate street uses, such as on-street parking and bicycle lanes.

    Traffic calming projects are typically identified in response to citizen requests and traffic/speed studies.

    Anticipated tasks include innovative traffic calming plans for local streets and thoroughfares, public involvement, and the development of a Charlotte Traffic Calming Manual. The first task of this contract was to develop an innovative traffic calming

    concept for Scaleybark Road, a minor thoroughfare, between Conway Avenue and Woodlawn Road to include curb extension, raised medians, on street parking, and bicycle lanes.

    City staff held a four-day design workshop with the public in August 2011, and staff developed a basic concept for the traffic calming project.

    Contract amendment #2, in the amount of $125,000, will provide funds for engineering services to accommodate the following issues identified during the design phase: Provide design services during the real estate phase; Incorporate additional community engagement opportunities; Identify storm water design deficiencies related to the street improvements

    and design any modifications that may be needed with the traffic calming work; and

    Replace and relocate approximately 2,000 feet of 4-inch and 2-inch water main currently located under existing pavement along the west side of Scaleybark Road. o Street improvements such as this traffic calming project often require the

    upgrade of existing utility infrastructure, including water, sewer, and storm drainage systems as part of the overall work. Any needed utility upgrades, as identified by Charlotte-Mecklenburg Utility Department (CMUD) or Storm Water Services, are routinely incorporated into these general capital projects while the street is under construction.

    o The cost of the water main and sewer upgrades will be reimbursed by CMUD.

    On June 27, 2011, the City Council approved the original planning and design contract for traffic calming services of various streets including Scaleybark Road in the amount of $200,000.

    On April 25, 2013, the City Manager approved contract amendment #1, in the amount of $65,000, for the design of approximately 2,000 linear feet of sidewalk and additional design services for Scaleybark Road.

    The new total contract value including the amendments is $390,000.

    Action: Approve contract amendment #2 with AECOM Technical Services of North Carolina, Inc., in the amount of $125,000, for traffic calming and miscellaneous engineering services.

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    Charlotte Business INClusion All additional work involved in this amendment will be performed by AECOM Technical Services of North Carolina, Inc. and their existing subcontractors (Part D: Section 6 of the SBO Policy). Funding General Community Investment Plan and Utility Community Investment Plan Attachment 23 Map

    29. Benfield Road (Prosperity Church) Intersection

    Improvements Staff Resource(s): Dan Leaver, Engineering & Property Management Explanation The project will realign the intersection of Benfield Road (formerly Prosperity

    Church Road) and Johnston-Oehler/DeArmon Road. The new section of roadway will tie into a proposed roundabout on the Interstate-485 interchange.

    The project will also create a multi-use path along a portion of existing Docia Crossing (formerly Prosperity Church Road).

    The work will include: Curb and gutter, Sidewalk and bike lanes, Asphalt pavement, Storm drainage, and Modular block retaining wall.

    On April 4, 2014, an Invitation to Bid was advertised; five bids were received. The contract was advertised with the provision of incentive payments because

    on-time completion of this project is critical to the overall functioning of the Interstate-485 interchange. If the contractor can complete two key milestones ahead of schedule, a total

    of $30,000 is potentially available and included in this award amount. The project is part of the Prosperity Village Interchange System and is funded

    from prior approved Community Investment Plan funds. Funding for this project is unrelated to the Prosperity Church Road Northwest Arc

    funding, which the City Council approved on July 22, 2013. Construction is expected to be complete by fourth-quarter 2014 in conjunction

    with the opening of Interstate-485.

    Charlotte Business INClusion Established SBE Goal: 13% Committed SBE Goal: 13.96% Blythe Development Company exceeded the established SBE goal and committed 13.96% ($146,243) of the base bid amount to the following SBE firms: R&N Construction (block walls), Ground Effects (pavement markings), On Time

    Action: Award the low-bid contract of $1,077,860 to Blythe Development Company for the Benfield Road (Prosperity Church) Intersection Improvements project.

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    Construction (masonry), P&TL Inc. (erosion control), Pavers Walls & Stamped Concrete (concrete), and Landmark Materials (hauling). Funding General Community Investment Plan Attachment 24 Map

    30. Smart Parking Meters and Wireless Data Services

    Staff Resource(s): Phil Reiger, Transportation Piggybacking Exemption G.S. 143-129(g) allows local governments to purchase from any supplier that

    has, within the past 12 months, contracted to furnish the item to any federal, state or local agency.

    The contract must be one that was entered into following a public, formal bid process substantially similar to the one set forth in the North Carolina statutes, and the vendor must be willing to provide the items to the City at the same or more favorable terms.

    Explanation The Charlotte Department of Transportation (CDOT) currently manages the Citys

    on-street parking program, which provides approximately 1,100 on-street spaces in Uptown, SouthEnd, and the Elizabeth areas.

    CDOT is planning to replace the existing single-space, on-street parking equipment with new solar powered, credit card enabled, single-space meters. The current, coin only parking meters are 17 years old and regularly failing.

    Each new smart parking meter has a web-based management system that can be retrofitted into the current single-spaced meter housings.

    The new smart parking meter management system can be monitored and managed remotely.

    The prices are set forth in the proposed contract, and are available upon request. CDOT anticipates purchasing up to 1,000 Smart Meters over the term of the

    contract as follows: Initial year one equipment investment for the purchase of up to 700 Smart

    Meters, at a total investment of $332,500, to place meters in high-demand locations.

    Action: A. Approve the purchase of smart parking meters by piggybacking on a previously bid contract as authorized by G.S. 143-129(g),

    B. Approve a contract with IPS Group, Inc. for the purchase of

    smart parking meters and wireless data services for the term of three years, and

    C. Authorize the City Manager to extend the contract for up to

    two additional, one-year terms with possible price adjustments as deemed reasonable and appropriate by the City Manager.

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    Annual wireless gateway/data fees and credit card transaction processing fees are estimated to be $164.40 per meter annually.

    Additional smart parking meters are $475.00 each, which includes shipping, installation, and training.

    The new smart parking meters are anticipated to be installed during the first quarter of Fiscal Year 2015.

    Background The City of San Rafael, CA issued a Request for Proposals on June 10, 2013, and

    awarded a contract to IPS Group, Inc. on November 18, 2013. Procurement Management and CDOT have reviewed the process used by the City

    of San Rafael and confirmed that it was substantially similar to the formal bid process required by the North Carolina bid statute.

    Through an informal quote process, Procurement Management evaluated the competitiveness of the San Rafael pricing, which IPS Group, Inc. has committed to provide to the City per the requirements laid out for the use of the piggybacking exception.

    In addition, CDOT has researched other existing IPS Group, Inc. contracts to evaluate client satisfaction with the products and services, which yielded positive results.

    Charlotte Business Inclusion This contract is being purchased off an existing contract as a piggybacking contract, and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy).

    Funding Transportation Operating Budget

    Attachment 25 Smart Meter Photo

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    31. Airport Communications Infrastructure Services

    Staff Resource(s): Jerry Schwinghammer, Aviation Explanation The Airports terminal building and other facilities require extensive

    communications systems that provide data and information to tenants, passengers, and Aviation Department staff. These systems are expanding as the facilities expand.

    The contract will provide funding for the design and review of communications systems, such as the access control system, public address system, cabling infrastructure, and the Airports video system, both in the existing terminal and future expansions and renovations of Airport facilities.

    The Aviation Department issued a Request for Qualifications on April 17, 2014; 11 firms responded. DB Consulting was selected by a three-member selection committee comprised of Aviation Department staff on May 7, 2014. DB Consulting was selected based on their extensive experience with the Airports communications structure, having worked at the Airport since 2000.

    Charlotte Business INClusion No SBE goal was set for this service contract because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Funding Aviation Operating Budget

    Action: A. Approve a one-year contract with DB Consulting, Inc. in the amount of $120,000 for infrastructure design and review services for communications infrastructure at the Airport, and

    B. Authorize the City Manager to approve two additional, one-

    year extensions.

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    32. Heavy Duty Brakes and Related Components

    Staff Resource(s): Marie Harris, Shared Services Explanation The contract will provide numerous heavy duty brake parts and brake related

    components for maintenance and repair of the Citys fleet vehicles. These parts are required for the normal operation and maintenance of the Citys

    fleet to ensure safe operation of vehicles. The Shared Services Department Procurement Management Division issued an

    Invitation to Bid (ITB) for heavy duty brakes and related components on April 11, 2014. Twelve bids were received, and nine bids were deemed non-responsive for failure to comply with the requirements.

    Each bid was to include pricing for a representative sample of the brake parts that the City is most likely to purchase at any given time.

    The unit prices are set forth in the proposed contract, and are available upon request.

    Annual expenditures under the contract are estimated to be $600,000.

    Charlotte Business INClusion No SBE goal was set for this contract because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Funding Shared Services Operating Budget

    Action: A. Approve a unit price, low-bid contract with Advantage Truck Center for the purchase of heavy duty brakes and related components for the term of three years, and

    B. Authorize the City Manager to extend the contract for up to

    two additional, one-year terms with possible price adjustments as authorized by the contract.

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    33. Hydraulic Pressure Hose Repair and Replacement Services Staff Resource(s): Marie Harris, Shared Services

    Explanation The Fleet Management Division uses outside service providers for the provision of

    hydraulic pressure hose repair and replacement services for a broad variety of vehicles and equipment.

    These repair services reduce operational costs by minimizing equipment downtime through service level agreements included in the contract.

    The selected company will be responsible for providing services either onsite at Fleet Management locations or at remote roadside locations within Mecklenburg County.

    The company will be compensated for each service performed at a negotiated price schedule as stated in the contract.

    Total contract expenditures are estimated to be $350,000 annually over the five- year term.

    Selection Process The City issued a Request for Proposal (RFP) on April 10, 2014, for hydraulic

    pressure hose repair and replacement services; two proposals were received from interested service providers.

    The Project Team, consisting of staff from the Procurement Management and Fleet Management, evaluated the proposals and recommends awarding the contract to Pirtek South End as the service provider best meeting the Citys needs in terms of qualifications, experience, and cost effectiveness.

    Charlotte Business INClusion No SBE goal was set for this contract because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy).

    Funding Shared Services Operating Budget

    Action: A. Approve a unit price contract with Pirtek South End for hydraulic pressure hose repair and replacement services for an initial term of three years, and

    B. Authorize the City Manager to approve two, one-year

    renewal options with possible price adjustments as authorized by the contract, and contingent upon the companys satisfactory performance.

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    34. Citywide Uniform Rentals and Other Related Services Committee Chair: None Staff Resource(s): Marie Harris, Shared Services Explanation Various City departments use a service provider to supply uniforms and other

    related garments via a rental program, including: Provision of rental garments meeting a variety of City specifications, including

    standard field garments, supervisory garments, flame-resistant garments, and high-visibility garments;

    Provision of mats, dust mops, shop rags, lockers, soiled garment bins; Weekly laundering of all uniforms, and delivery and pick-up at various City

    facilities; Repair or replacement of damaged or lost uniforms; and Additional pricing discounts for direct purchase of uniforms, including logo

    apparel. The company will be compensated for the services per the negotiated uniform

    rental price schedule as stated in the contract.