Calendar:
Monday, June 14, 2004:
12:00 pm - Agenda Briefing, Room 280
5:00 pm - Council Manager Dinner Briefing, Room 267
7:00 pm - Business Meeting, Meeting Chamber.
Governmental Affairs Committee Meeting Rescheduled to 6/21
Wednesday, June 16, 2004:
12:00 pm - Economic Development and Planning Committee, Room 280. AGENDA: Readdress Plan Amendment Process in Light of Zoning Petition #2004-33 at Albemarle/I-485 Interchange; Implementation Policy for Corrective Rezonings
Thursday, June 17, 2004
12:00 pm - Restructuring Government Committee, Room CH-14. AGENDA: 4-Year Term for the Mayor and City Council (Action Requested)
Saturday, June 19, 2004:
9:00 am - District 4 Neighborhood Meeting, North Tryon Sub Station Library Conference Room, 4045 North Tryon Street
Agenda Notes:
Agenda Item #10: Greater Enrichment Program - FY2005 Contract Staff Resource: Stanley Watkins, 704-336-3796
The Greater Enrichment Program (GEP) FY05 contract is not included in the budget document that City Council will consider on June 14, 2004. Approval of the GEP FY05 contract will be on Council's agenda on June 28 for consideration. The FY2005 Budget Ordinance includes up to $605,854 in a reserve for GEP dependent on contract approval.
GEP submitted their budget request for City staff review on June 10, 2004, which prevented it from being included in the June 14 budget document. Staff is now in the process of reviewing and discussing with GEP their request for the FY05 program year.
Agenda Item #18E - Cemeteries Improvement Bid
Staff Resource: Mike Shroyer, 704-336-2124
On Monday's consent agenda is a request for approval of a bid for improvements at three City cemeteries: Evergreen, Oaklawn and Pinewood. Staff recommends award to the low bidder, United Construction, for $ 355,204.50.
There are three City cemeteries with the name Pinewood: North Pinewood (Summit Avenue at Andrill Terrace); West Pinewood (Summit Avenue); and 9 Street Pinewood (commonly associated with the Elmwood cemetery). Work recommended under this bid is for North Pinewood.
The improvements are for the three cemeteries that are most heavily used for burials and generate the most revenue from fees. Work will enhance overall cemetery appearance and the visibility of entrances. Specific Phase I work includes:
Evergreen: Replace existing Central Avenue and Norland Road entrance signs. Replace existing fencing at Norland Road entrance. Install aluminized fencing at Central Avenue entrance, relocate benches and install section markers throughout cemetery.
Oaklawn: Install aluminized fencing and replace existing signs at Oaklawn Avenue entrance. Reset and raise existing granite curbs at first intersection, install granite curbs at the intersection and install section markers throughout cemetery.
North Pinewood: Install aluminized fencing, sign wall and section markers.
Phase II, also part of this bid award, will be landscaping and plantings at the three locations this fall.
Agenda Item #26: Purchase of Hybrid Diesel - Electric Buses
Staff Resource: Keith Parker, 704-336-3855
CATS will be requesting several City Council Actions this month related to our Low Emission Vehicle Program including:
- June 14 Council Meeting:
- Approval to purchase two (2) Hybrid Diesel-Electric Buses.
- June 28 Council Meeting
- Approval to purchase Ultra Low Sulfur Diesel Fuel for FY2005.
- Approval to apply for EPA Grant Funds to buy particulate filters.
Some background information regarding this program follows: A year ago, CATS began testing the use of Ultra Low Sulfur Diesel (ULSD) Fuel and Particulate Filters on certain buses within CATS' existing fleet to determine the environmental benefits as well as the maintenance impact on the vehicles. This test program is helping CATS prepare for the EPA's June 2006 requirement to convert all its vehicles to ULSD fuel.
CATS test results to date utilizing ULSD and the Particulate Filters on six of its existing diesel engine buses:
- Significant NOx reductions (averaging 25 percent).
- Significant reduction in visible black smoke exhaust emissions.
- Fuel economy has decreased (around 10-15 percent).
- No engine degradation or maintenance concerns to date, however, the long-term effects are unknown.
CATS Fiscal Year 2005 Low Emission Program
- Expand the use of ULSD to all small buses that CATS Bus Operations Division operates (42 vehicles). These vehicles would include the Gold Rush Trolleys, the Village Riders, the Arrowood Shuttles, and some of the Neighborhood Circulators.
- Purchase a Particulate Filter for one new 29-foot bus that CATS will be receiving this year.
CATS Fiscal Year 2006 Low Emission Program
- Put into service the two (2) Diesel Hybrid Electric Vehicles (subject to the approval of the purchase by City Council on June 14, 2004) to test their viability and emission reductions within the CATS fleet.
- Depending on fuel availability and cost, CATS may convert more or all of its vehicles to ULSD.
- Potentially purchase more Particulate Filters for use on additional buses.
CATS continues to work closely with the Centrolina Council of Governments and other organizations on pollution reduction programs and the application for grant monies to assist with these programs.
Agenda Item #34: Airport Engineering Services for Various Projects:
Staff Resource: T.J. Orr, 704-359-4000
The Small Business Opportunity information listed in Item #34--Airport Engineering Services for Various Projects-- is incorrect. The correct information is:
Small Business Opportunity:
- Established SBE Goal: 4%
- SBE Committee Goal: 4%
- Talbert & Bright Inc. has committed 4% ($7,000) to SBE participation.
- Vendor: On-Spec Testing, Inc.
Information Items:
Zoning/Tree Violation at Lowes Motor Speedway Property
Staff Resource: Jim Schumacher, 704-336-3656
Today's Charlotte Observer includes a story on a zoning violation related to Lowes Motor Speedway. The Speedway secured a zoning approval for use of a property along US29 for parking during Speedway events. The zoning plan provides for a 75-foot undisturbed buffer along US29.
The property was prepared for parking use prior to race week. However, the Speedway said that during the events of the first weekend, race spectators had difficulty identifying the property as a parking lot due to the vegetation along the front of the property.
The Speedway contacted City staff and asked for permission to clear away the brush to allow enough visibility that drivers could identify the property as a parking location. Administrative approval was granted to the Speedway for clearing away the underbrush and removing small limbs up to 6 feet above the ground.
On Tuesday, May 25, staff became aware that the Speedway had cleared the buffer to a greater extent. In addition to brush and vines and low hanging limbs, the smaller trees were also removed. Staff immediately met on the site with Speedway officials and established that no further removal of trees or buffer areas would occur.
The Speedway officials were advised that the work done on the buffer violated the zoning standards and would require mitigation. A copy of the letter sent to the Speedway is attached
City staff and County Zoning enforcement staff are working together to develop a mitigation plan that will be provided to Speedway officials in the next 15 days.
Charlotte Observer Report on the South Corridor Project
Staff Resource: Olaf Kinard, 704-336-2275
The Charlotte Observer, since February 2004, has conducted research on the first five years of the 2025 Transit / Land-Use Plan. On Sunday, June 13, 2004, the Observer plans to publish an article that focuses on the modeling efforts for the South Corridor Project.
We understand the article will state that a six month delay in modeling results during 2002 caused the project not to obtain a Full Funding Grant Agreement from the FTA in February 2004. They also have estimated that the delay has increased the project cost by $7.2 million.
Since 2001, staff has continuously communicated to the City Council, the MTC, the Citizens Transit Advisory Group, and the citizens at public meetings that delays were occurring in the South Corridor Project due to modeling and other reasons.
For example, during 2002-2003, the FTA changed its approach to ridership modeling requiring Charlotte and many other cities to revamp the mathematical models that were being used. Also during this same period, CDOT was required to devote attention to updating the region's transportation plan to achieve conformity with air quality standards by April 2003.
Staff would like to note the following:
- The City made all deadlines for submitting modeling and other project information to the FTA.
- CATS always has received either a "Recommended" or "Highly Recommended" rating from the FTA for each submittal of modeling and other information.
- CATS has received commitments of $40 million of the $190 million for the South Corridor Project with another $30 million included in the President's budget for FY2005, without a Full Funding Grant Agreement from the FTA
- CATS has received approvals from the FTA to advance key aspects of the South Corridor Project including:
- Starting Final Design
- Purchasing property
- Purchasing Light Rail Vehicles
It is not unusual for major transportation investment projects, including highways, to incur delays due to the complex nature of these undertakings. Such delays occur not only here but also in nearly all other urban areas around the country.
Zone Wrecker Contract Amendments Negotiated
Staff Resources: Mac McCarley, 704-336-4112 and John Joye, 704-353-1063
The City of Charlotte has now successfully negotiated contract amendments with all five (5) of the area wrecker companies that provide towing services for the Charlotte-Mecklenburg Police Department, Parkit!, and the City's Community Improvement Division. Council has previously been briefed on the dispatching and zone boundary difficulties that arose under the previous contract.
Three (3) of the wrecker companies agreed to the amendment and executed revised agreements in February. During the last week of May, City staff and the last two companies reached an agreement on the amendment of the contracts and on Thursday, June 3, 2004, the revised agreement was executed with those companies. The revised agreement will last until November 1, 2006, at which time the City will have the option of extending the contracts for another year, or allowing the contracts to expire.
Colony Road / Myers Park High School Intersection Improvement Project
Staff Resource: Doreen Szymanski, 704-336-7527
Due to a delay in receiving the cost-sharing plan from Charlotte-Mecklenburg Schools (CMS) for the Colony Road / Myers Park High School Intersection Improvement Project, the request for Council action outlining changes in the project will not be on the June 14 Council Business Meeting agenda as previously stated.The request for Council action will be on the Council agenda as soon as the cost-sharing plan from CMS is finalized.
Hope VI Piedmont Courts - Update and Next Steps
Staff Resources: Stanley Watkins, 704-336-3796 and Charles Woodyard, 704-336-8349
As you are aware, the U.S. Department of Housing and Urban Development recently approved a $20 million HOPE VI Grant for Piedmont Courts/Belmont Neighborhood revitalization project. The plan calls for the development of a 940-unit mixed income community on the existing Piedmont Courts site and four other scattered sites in proximity to the Belmont neighborhood. The development will have 332 affordable housing units, which includes 40 Section 8 homeownership units and 292 public housing rental units.
Over the next five years, the City's commitment is to provide up to $1.2 million to assist with land acquisition; donate six parcels of land (1.85 acres) valued at $604,623; provide up to $5 million for affordable housing units; and $8.3 million for infrastructure of which approximately $5 million will be used to improve the streetscape along Seigle Avenue.
The City's total financial commitment is $15.5 million, of which $13.8 is from reallocated bonds. One impact of the bond changes is a reduction of Council's five-year affordable housing goal from 5,000 to 4,500 units, which was mentioned when Council adopted the HOPE VI application.
City staff is beginning a process with the Charlotte Housing Authority to execute the land transfer commitments and funding to assist with the land acquisition. Discussions are also underway regarding the scope of the off site infrastructure to be undertaken.
Periodic updates on the status of the HOPE VI project will be provided to Council.
Support to Neighborhoods - June 7, 2004 - City Response Regarding Code Enforcement
Staff Resource: Walter Abernethy, 704-336-4213
On June 7, 2004, the Charlotte Observer published a letter from Susan Lindsey with the Charlotte East Community Partners regarding the tight budget year and support for neighborhoods. In her letter to the Mayor and City Council members, Ms. Lindsey talked about the " absolute necessity" for code enforcement, but provided incorrect information about how cases enter the enforcement process. Neighborhood Development feels that it is important to provide accurate information to Council and the public about the process.
Ms. Lindsey's letter stated that, "A few volunteers have been working tirelessly to improve their neighborhoods, and now we understand that to slow down complaints coming in, neighborhoods will have to get five signatures to turn in a complaint. We have never had a situation in which Code Enforcement actually goes out and discovers violations; they depend on community awareness and now roadblocks are being put up."
The requirement stated in Ms. Lindsey's letter regarding the five signatures on a petition is only one of four options for initiating a housing code complaint. The requirement for five signatures is part of the North Carolina General Statures (Section 160A-443), which governs Minimum Housing Standards. The requirement is in place to protect property owners from frivolous citizen complaints.
Other options to initiate a code complaint include a tenant request in a rental situation, a referral from a public agency (police, fire, elected officials, etc.) or field observations by a Code Inspector. Other code complaints regarding a nuisance (tall grass, junk vehicles, trash/junk accumulation issues) can be reported by any city citizen.
From July 2003 - May 2004, the Code Enforcement Division of Neighborhood Development has inspected 2,546 housing structures and brought 2,149 structures into compliance. Of the structures inspected, 956 (37%) were the result of field observation generated by the inspectors or field supervisors.
From July 2003 - April 2004, the Code Enforcement Division received 11,153 citizen requests for property inspections regarding nuisance violations. During this same time period, an additional 17,820 property inspections were generated through independent field observations by code enforcement inspectors. Ninety-four (94) percent of all property violations identified from these inspections were corrected within 30 days.
Citizens who have concerns about housing or nuisance inspections should call the City's Customer Services Center at 704-336-7600.
Freedom Drive Neighborhood Water Quality Testing
Staff Resource: Doug Bean, 704-391-5073
Charlotte-Mecklenburg Utilities continues water quality testing and hydrant flushing while replacing a 1,400-foot section of water line within the next few days in part of a small neighborhood off Freedom Drive.
In the meantime, temporary above-ground water service lines are installed. Customers will be able to use the temporary service by tomorrow (Saturday) evening once water quality tests are complete.
If customers have water pressure or quality concerns with the temporary water system, they are encouraged to call a 24-hour pager at 1-888-312-2489.
Convention Center Fund Reserves
Staff Resource: Greg Gaskins, 704-336-5885
A Council member has requested information in regards to Convention Center Fund reserves.
The Convention Center Tax Fund is estimated to have $35 million in fund balance at the end of FY04. This is reduced from $41 million in FY03. Current estimates of basic expenditures in this fund will deplete that balance to $22 million in the next six years. Over the next couple of years, we will be operating at a deficit of over $3 million annually.
In FY2010, some debt capacity will be available, but that has been slated for expansion of the Convention Center (as required in the sunset provision of the law enabling the Occupancy and Prepared Food and Beverage Tax). Using the model to maximize 2010 revenues, there are no available funds for added capital needs prior to 2010. In fact, there is concern that the fund will not be able to meet current obligations without cutting some of the discretionary expenditures like marketing/administration/deficit.
Public Access Corporation Issues
Staff Resource: Doris J. Boris, 704-336-3064
The Office of Cable Franchise Management (OCFM) is currently investigating issues that have recently been raised regarding access for the disabled to the Charlotte-Mecklenburg Public Access Corporation (CMPAC) facilities and utilization of the cable system's Public Access Channel (Channel 21) for fundraising purposes.
OCFM sent a letter to CMPAC in May and participated in a meeting at CMPAC's facility on June 10 regarding the accessibility concerns. CMPAC's response on this issue is due June 18. Additionally, OCFM has forwarded a formal request for a written response from CMPAC by June 17 on the issue of a programmer soliciting funds on the Public Access Channel. OCFM will provide a follow-up report to City Council on both these issues.
BizHub - Center for Business Success
Staff Resource: Richard Bargoil, 704-336-2142
On April 12 City Council approved a 3-year agreement with the Charlotte Business Hub, Inc. Attached is the organization's new brochure describing the BizHub. The organization will utilize the brochure as it undertakes its revenue development program to solicit corporate sponsors to underwrite the center's operations that is being leveraged by the seed funding provided by the City and in-kind contributions by CPCC.
Federal Legislative Update
Staff Resource: Boyd Cauble, 704-336-2064 The attached update from Holland & Knight focuses on the current funding cycle in Washington, D.C. that relates to our federal legislative package.
