Calendar:
Monday, January 26
12:00 pm - Agenda Briefing, Room 280
5:00 pm - Council Manager Dinner, Room 267
6:30 pm - Citizens' Forum Meeting, Meeting Chamber
7:00 pm - Council Business Meeting, Meeting Chamber
Wednesday, January 28
12:00 pm - Communities Within A City Committee Meeting, Meeting Chamber Conference Room, CH-14. AGENDA: Committee Overview; Brief Review of 2003 CWAC Committee Work; Preview of 2004 Committee Topics (previously referred); Overview of Approved CWAC Focus Area Plan
5:30 pm - MTC Meeting, Room 267
Rezoning Petition No. 2003-102 was scheduled for a decision at the Zoning meeting on Tuesday, January 20, 2004. A protest petition has been filed and is sufficient to invoke the 20% rule requiring affirmative votes of 3/4 of the Mayor and Council, not excused from voting, in order to rezone the property. The item was deferred from the January 20, 2004 Zoning Meeting due to the fact that the full Council was not present.
Agenda Item #8A (attached) has been added to the January 26 Agenda for Council to consider a decision on Petition 2003-102 by W. P. East Acquisitions, LLC. This petition requests a change in zoning from R-4 to INST(CD) for approximately 20.4 acres located on the west side of Prosperity Church Road, north of White Cascade Drive.
Agenda Item #28F-1: Property Transactions
Staff Resource: Diane B. Johnson, 704-336-2854
The following property acquisition for Item #28F-1 (copy attached) has been added to the January 26 Council Agenda: Project - South Corridor Light Rail Project, Parcel 263; Owners: John W. Grice Company. This property transaction requires FTA concurrence, which was received yesterday, thereby allowing this item to be added to the Agenda.
Agenda Item #28 J & K: Condemnation Resolution for Northlake Mall Infrastructure
Staff Resource: Stewart Edwards, 704-336-7036
The Northlake Mall project is subject to the development standards outlined in Rezoning Petition 2002-110, approved by City Council November 18, 2002. Per the approved rezoning, the developer is obligated to make numerous transportation improvements to mitigate the impact of the proposed development on the surrounding thoroughfare system.
Some of the right-of-way needed for the required transportation improvements is not owned by the developer. The developer is required to make a good faith effort to acquire all such right-of-way, but if the developer is not successful, the developer may request that the City exercise its condemnation powers to acquire the right-of-way.
In the case of the two condemnation resolutions on the January 26 Council Agenda, the developer made a good faith effort to acquire the necessary right-of-way from these parcels, was unsuccessful, and requested the City's assistance in these right-of-way acquisitions. City staff has been unable to reach an acceptable settlement with the owners of these parcels and therefore, the subject condemnation resolutions have been presented for Council action. The developer is responsible for reimbursing the City for all costs incurred by the City in assisting with these right-of-way acquisitions.
The developer is continuing to negotiate right-of-way acquisition on several other parcels related to the required transportation improvements. If the developer's efforts are unsuccessful, the City may be asked to assist with those right-of-way acquisitions, as well.
Information Items:
2003 Disparity Study and Executive Summary -- Final Report
Staff Resource: Tiffany Capers, 704-336-3862
Please find included in your packets final report copies of the 2003 Disparity Study and Executive Summary from MGT of America. Copies are provided for Mayor and Council.
The Executive Summary will be made available on the Small Business Development Program website at http://smallbiz.charmeck.org by January 30, 2004.
Request for Study of Historic Cemeteries
Staff Resource: Julie Burch, 704-336-3187
Historic Charlotte and the Preserve Elmwood and Pinewood group (PEP) appeared before Council last fall and wrote the Mayor to request a study of the management, maintenance and funding for the restoration and preservation of the City's historic cemeteries: Elmwood, Ninth Street, Pinewood and Settler's. Another copy of the Historic Charlotte letter and the Mayor's response is attached.
City staff and representatives of these groups have met to discuss their ideas and determine the next steps. Dialogue was related to the following ideas:
- Historic Charlotte and PEP are interested in developing a public-private partnership with the City. Their idea for the partnership is to provide restoration and improved maintenance of the historic stones and markers within these cemeteries, over and above the maintenance now performed by the City. Additionally, they would like to make use of the historical nature of the cemeteries as an uptown amenity and potential destination for visitors to Charlotte.
- Historic Charlotte and PEP are interested in fundraising and possibly pursuing grants for some funding of activities. They are also interested in securing some funding from the City.
It was determined that the first step in developing these ideas would be the development of a Master Plan for Historic Cemeteries. This study would address the following: management, operations, maintenance, preservation work, ongoing public and private revenue streams, security, public access, green space, public use, and the definition of roles and responsibilities.
At the staff's suggestion of an appropriate way to pursue funding, Historic Charlotte will be submitting an outside agency request to the City for $50,000 for the study. Council will have an opportunity to review and consider the request as part of the budget process for the coming year.
Culvert Replacement at 6510 Idlebrook Drive / Mr. Chris Bakis
Staff Resources: Daryl Hammock, 704-336-2167 and Tim Richards, 704-336-4555
Charlotte Storm Water Services is currently replacing a culvert that passes beneath Idlebrook Drive in the vicinity of Mr. Bakis' residence. Mr. Bakis has recently expressed a strong desire to stop the installation of this culvert, and has stated that he has a better solution that will address
cut-through traffic, house and street flooding, FEMA regulated floodplain concerns, and
greenway issues. Mr. Bakis has been very vocal about traffic concerns on his street during the course of the City's storm water improvement project and he has been vocal about his desire to close Idlebrook Drive to eliminate cut-through traffic.
Storm Water coordinated with CDOT in July 2002 to address Mr. Bakis' concerns. At that time, CDOT expressed its desire to keep this street open. The details of that meeting with CDOT were provided to approximately 400 residents in the area in a mailing, and the residents were provided details on the process for having a street closed. Mr. Bakis was included in this mailing and no other residents have responded.
Staff and Council member Carter met with Mr. Bakis at the site on January 16. Mr. Bakis also invited county Commissioner Ramirez and State Senator Dan Clodfelter to attend, in addition to a representative from Senator John Edwards' office. Mr. Bakis has raised concerns about the accuracy of maps provided by Mecklenburg County and approved by FEMA. He believes that these maps are incorrect and that those maps have incorrectly led designers to propose the replacement of the culvert under Idlebrook Drive.
City and County staff members have reviewed the computer models that were used to decide to replace the culvert and establish the floodplain maps that Mr. Bakis believes are in error. Staff has found no indication that any of the calculations, maps, or actions that have been completed thus far are in error, or will in any way adversely affect Mr. Bakis or his neighbors.
The analysis completed by the City's consultant indicates that the replacement of the culvert under Idlebrook Drive will result in reduced street and house flooding for homes upstream of the culvert. Staff also took this opportunity to reiterate the City's process for closing a public street to Mr. Bakis. Mr. Bakis does not agree with the flood study results or the street closure process.
During the meeting, an adjoining property owner reported that the clubhouse at the Columbus Swim and Tennis Club flooded on June 9, 2003. We had not been made aware of the flooding until that time, so staff is investigating the source of the problem to see if this issue can be addressed through the City's storm water program.
Following the January 16 meeting, staff reiterated to Mr. Bakis that the culvert project will help his neighbors. Staff also relayed to Mr. Bakis that water surface elevations in his yard will be less than one inch higher in a 100 - year storm event, after the project, and we believe the project does not negatively impact his property. Closing Idlebrook Drive would require approval by petition of the residents in the neighborhood, and subsequent approval by City Council. Staff has shared this process with Mr. Bakis.
Arena Update Newsletter
Staff Resource: Keith Richardson, 704-336-5865
Attached is Issue No. 11 of the Arena Update.
