Calendar:
Monday, April 12:
12:00 pm - Agenda Briefing, Room 280
1:30 pm - Budget Committee, Room CH-14. AGENDA: Review April 21 Half-Day Budget Retreat Agenda; Review Draft Capital Investment Plan (CIP) and Alternative; Possible FY2005 General Fund Operating Budget Reductions; City User Fees
3:30 pm - Governmental Affairs Committee, Room 266. AGENDA: Review the State Legislative Package for April 12 City Council Consideration; Presentation of Legislative Notebook; Discuss Summer Relationship Building Opportunities
5:00 pm - Council-Manager Dinner Briefing, Room 267
7:00 pm - Council Meeting, Meeting Chamber
Thursday, April 15
12:00 pm - Restructuring Government Committee, Room CH-14. AGENDA: Small Business Enterprise Program Options
Agenda Notes:
Property Condemnation - Item #441: Deborah Branham
Staff Resource: John Driscoll, 704-336-3635
Deborah Branham and her father, Rudolph Branham, spoke at the March 22, 2004, Council meeting regarding the condemnation for an easement on Deborah Branham's property. The City Council deferred action on the item to April 12 to allow further negotiation with the owner.
The Branhams indicated at the meeting that they were concerned about the City's offer for the easement, and that they needed project information. In a follow-up telephone call to Ms. Branham, she requested a written easement agreement clearly identifying items on her property to be replaced by the City after construction was complete.
Ms. Branham also wanted to know why the proposed easement was so much wider than the existing easement on her property. It was explained to her that the easement width (approximately 12 feet on Ms. Branham's property and 18 feet on the adjacent property) is the width required by the City to be able to construct and maintain the proposed 7-ft wide box culvert.
The appraised value of the easement is $950. On April 1, 2004, the real estate agent assigned to this parcel offered to Ms. Branham $1500 for the easement, the amount in excess of the appraised amount to be used by Ms. Branham to restore landscaping on her property that is destroyed or disturbed by the construction.
Ms. Branham has not agreed to this offer, therefore the condemnation action is on the April 12 agenda. If approved, negotiations will continue in an attempt to reach a settlement prior to filing the condemnation papers with the court. If no settlement can be reached, the value of the acquisition will be established by the court.
As a note, Storm Water Services has been aware since 1995 that Ms. Branham's property has experienced erosion and house flooding. In late summer, a storm drainage improvement project will complete the improvements designed to eliminate the erosion and reduce flooding on this property and others throughout the neighborhood.
Information Items:
Letter from Conmat Construction:
Staff Resources: Tiffany Capers, 704-336-3862 and Jude Starrett, 704-336-5801
We understand that each Councilmember was copied with the letter written by Peter Awute of Conmat Construction, Inc. to Joel Ford, President of the MMCA, referred to as a "Request for Investigation and Re-instatement of Contract."
Several questions have been raised concerning Conmat's termination as Blythe Construction Company's curb and gutter subcontractor on the Old Statesville Road Project. The City terminated its contract with Blythe due to performance-related issues and only agreed to reinstate Blythe with a written guaranty from its parent company that the project would be properly completed.
In order to adequately respond to the allegations in Mr. Awute's letter, Tiffany Capers, Small Business Opportunity Program manager, Jude Starrett, Senior Assistant City Attorney, and staff in the City's Engineering Department, are reviewing internal Project files, collecting statements and copies of correspondence and documents from Blythe, and contacting the other contractors identified in Mr. Awute's letter. Staff anticipates having a report to Council in about two weeks.
This information will also be sent to Mr. Ford and Mr. Awute.
