Calendar:
Monday, October 11
12:00 pm - Agenda Briefing, Room 280
3:00 pm - Transportation Committee Meeting, Room 280. AGENDA: Connectivity; Transportation Committee Calendar
4:00 pm - City Manager Performance Evaluation, Rm CH-14
6:00 pm - Council Manager Dinner Briefing, Room 267
7:00 pm - Council Business Meeting, Meeting Chamber
Thursday, October 12
7:30 am - Economic Development Revised Strategic Plan Kick-off Breakfast
Agenda Notes:
Agenda Item #6: FY2005 Annexation Public Hearings
Staff Resource: Jonathan Wells, 704-336-4090
While it is premature to determine how many speakers will participate in the annexation public hearings, given the relatively large number of properties and citizens potentially affected, it is possible that the number could be considerable. Therefore, Brenda Freeze and her staff will have citizens identify from which of the eight annexation qualifying areas they are from when they sign up to speak. Speakers will then be organized by annexation area, so that the Mayor and Council will be able to hear all comments from specific areas together.
Staff has also heard from a limited number of citizens who may be unable to attend the hearing and who instead are developing petitions or writing letters. As this correspondence arrives, staff is working with Mindy Levine in the Council office to ensure that all Council members receive copies.
Agenda Item #11: Carnival Ordinance
Staff Resource: Bruce McDonald, 704-336-2406
Staff made a technical amendment to the ordinance to specify that, in addition to off-duty law enforcement officers, a carnival operator may hire special police officers to provide security at the carnival. Special police officers are sworn law enforcement officers who are certified by the state, but are employed by a private agency. A revised ordinance is attached. This replaces attachment #5.
Using the guidelines established by the Council's policy on regulatory fees, the fee for a carnival permit has been set at $300. The fee will be effective November 8, 2004 (30 days after receipt of this Council notification).
Agenda Item #15: City Council Retreat Dates
Staff Resource: Denise Foreman, 704-336-3186
The October 11 Council Agenda includes a request to set the dates for the One-Day Council Retreat and the Annual Council Retreat. It has come to our attention that the proposed dates for the Annual Retreat will not work with all Council members. Therefore, we are polling the Mayor and Council members and will present alternative dates at the Council meeting Monday night.
Agenda Item #21A-I: In Rem Demolition at 301 Eastway Drive
Staff Resource: Walter Abernethy, 704-336-4213
On October 11, City Council will be asked to approve In-Rem demolition orders on fifty-nine (59) apartment units located at 301 Eastway Drive. The apartments have been a major source of concern for surrounding neighborhood associations, businesses, and other public agencies. The property owner has been uncooperative and has failed to improve the housing conditions within the apartment community.
In March 2004, the Code Enforcement Division inspected all fifty-nine (59) units. The inspections highlight the severity of the sub-standard living conditions - raw sewage, unsafe wiring, no ventilation, over crowded units and many others.
Administration hearings regarding the property conditions were held on May 25, 2004 and
May 26, 2004. The property owner was not present. The property owner appealed to the Charlotte Housing Appeals Board on August 10, 2004. The Housing Appeals Board reviewed the inspection records and upheld the Code Enforcement Division's demolition order.
The property owner has appealed the Board's ruling to Mecklenburg County Superior Court. City attorneys have reviewed the content of the appeal, and determined there is nothing to prevent the Code Enforcement Division from moving the demolition process forward.
Agenda Item #28: Storm Water Quality Education Campaign
Staff Resources: Jennifer Krupowicz, 704-432-0970 or Daryl Hammock, 704-336-2167
The October 11 Business Agenda includes a contract for commercial media time associated with the City's storm water quality education campaign. The City Council deferred action on this contract on June 28, asking for further review of the costs and benefits.
The use of commercial media to educate the public on water quality issues is one component of an educational plan that includes the internet, brochures, school programs, public events (such as the Big Sweep), and volunteer programs. As noted during the City Council Workshop in April on water quality, non-point sources of pollution have become the primary cause of degradation of our surface waters and drinking water. Federal and state regulations are continually expanding to address these pollutants, through such efforts as the Illicit Discharge Program and Pollution Prevention Program, with the Post Construction Controls Ordinance and Total Maximum Daily Load Management Plans coming in the next two to three years.
However, the Clean Water Act also recognizes that the most effective method of dealing with non-point sources of pollution is source control - that is, preventing the pollution of surface waters from occurring and reducing the need for costly structural controls or treatment of storm water runoff. The federal and state regulations require local governments to conduct public education efforts to build awareness of water quality issues and teach individuals steps they should take to protect our surface waters. Some of those steps are to reduce the use of fertilizers and pesticides, dispose of household hazardous waste and yard waste properly, and participate in volunteer programs.
As a result of the City Council's deferment of the media component of the education and awareness program, the Storm Water staff has:
- Reviewed the program with Corporate Communications for further analysis of the overall strategy and the appropriateness of the commercial media component. Corporate Communications has endorsed the strategy, with the addition of a mid-campaign survey to assess the effectiveness of the program and make adjustments as indicated.
- Reviewed the program with the Storm Water Advisory Committee. The SWAC unanimously endorsed proceeding with the campaign and survey.
- Reduced the City's share of the media buy contract amount by 35% and shortened the length of time commercial media would be used.
- Planned a citizen survey at the end of the contract to guide future public awareness campaigns.
Agenda Item #44: South Corridor Light Rail Project Condemnation - Consolidated Textiles Temporary Construction Easement and Permanent Utility Easement
Staff Resource: Diane Johnson, 704-336-2854
On October 11, City Council will be requested to authorize condemnation for a temporary construction easement and a permanent utility easement at 707 E. Hebron Street, which is the warehouse/shipping facility for Consolidated Textiles. These easements are being acquired in connection with the South Corridor Light Rail Project ("Light Rail Project").
City staff met with representatives of Consolidated Textiles to discuss the impact of the Light Rail Project on their property. It appears the easement rights together with the loss of the use of a paved area located within the City's right of way will negatively impact the property. Consolidated Textiles will lose the use of a loading dock critical to its operations. City staff is exploring other configuration options with Consolidated Textiles and hopes to reach a mutually acceptable resolution. However, in order to assure the timely completion of the necessary acquisitions for the roadbed, bridges and track work construction, it is necessary to obtain authorization for condemnation at this time. Actual condemnation will occur only if City staff is unable to reach an agreement with Consolidated Textiles on the easement acquisitions.
As to the loss of the use of a paved area within the City's right of way, this use was permitted by the railroad, but it will be in the way of the Light Rail Project. Pursuant to rights acquired by the City from the railroad, the City will require Consolidated Textiles to discontinue using the paved area within the right of way. Although we have the legal right to remove them from the right of way, we are working with them to reduce the negative impact on their business.
Information Items:
Draft State of the City Annual Performance Report - Feedback Requested
Staff Resource: Julie Hill, 704-336-4098
Attached for your review, prior to sending it to print Friday, October 15, is a draft copy of the FY2004 State of the City Annual Performance Report. This is the annual report to citizens on the City's performance in meeting its objectives and citizen service expectations. Please call Julie Hill with any questions or comments you may have by Thursday, October 14 at noon.
While we used to mail the report to citizens and businesses, budget constraints in the last few years have required us to pursue alternate means of distribution. We will print 2,000 copies for distribution to Council, key stakeholders and for a supply for each branch library in the city. It also will be available through Kinkos on line document storage and on the Web in both pdf and html formats at www.charmeck.org for easy viewing and downloading.
First Ward Park Redevelopment
Staff Resource: Tom Flynn, 704-432-1396
The Economic Development Division has delayed a request for Council action to approve the Request for Qualifications (RFQ) for the Redevelopment of First Ward Park. This delay is due to a stormwater capacity issue that impacts this site and the adjacent site that is being developed by the Charlotte Housing Authority (CHA) and Merryland Properties, LLC. We are working with CHA, Merryland and City Stormwater to develop and cost a joint solution to this problem by January 2005. We will then brief Council on this project and ask for approval of the RFQ.
Use of Government Center Meeting Chamber by CMS
Staff Resources: Ron Kimble, 704-336-4169 or Randy Robinson, 704-336-5764
The Charlotte-Mecklenburg School Board (CMS) has expressed an interest in holding their business meetings in the Charlotte-Mecklenburg Government Center Meeting Chamber. City and County staff have been working with CMS officials to try and accommodate their request and also ensure there is no disruption in access for the City and the County. This is an item that we first mentioned to you at your February 2004 Council Retreat.
While the documentation necessary to formalize this arrangement is being prepared, the School Board is scheduled to hold its October 12, October 26, November 9, and November 23 meetings in the Meeting Chamber on a trial basis to confirm that the room and parking facilities meet their expectations. It is anticipated that an agreement will be finalized by December for consideration by the City Council, the County Commission and CMS. The School Board will reimburse the City for the expenses associated with the use of the facilities, including broadcasting services, for these pilot meetings until an agreement has been signed. The proposed Agreement will also include provisions for cost recovery of all expenses associated with the use of the Meeting Chamber by CMS.
Final Report - Regional Comprehensive Economic Development Strategy
Staff Resource: A.C. Shull, 704-336-2439
On September 29, 20004, AngelouEconomics made a presentation of the final Regional Comprehensive Economic Development Strategy recommendations, at the Charlotte Convention Center. The rollout event included regional observations of the nine-county COG region, an analysis of regional strengths and weaknesses, as well as, recommendations regarding target industries and priority areas for future development. The report is available online at www.centralina.org. Please provide any comments that you would like to make for feedback to the consultant.
Update on Catawba Water Licensing Process
Staff Resource: Doug Bean, 704-391-5070
Charlotte-Mecklenburg Utilities has been working for nine years for authorization to increase pumping at Mountain Island Lake. Permission on our request to the Federal Energy Regulatory Commission (FERC) will provide two benefits:
- Meeting future water demands; and
- Saving on the cost of electricity by running pumps less during peak hours, when rates are higher.
Just prior to obtaining final approval, the U.S. Fish & Wildlife Service (USFWS) filed a request that additional studies be undertaken to see whether the Carolina Heelsplitter mussel (classified as an endangered species) exists along the Catawba River below Mountain Island Lake. Last March, Utilities requested that FERC move ahead, since studies had already been conducted.
On October 6, FERC did not approve the latter request, based on USFW's comments. It appears that more mussel studies will have to be conducted before approval is obtained, even though the two creeks where the mussel have been located are outside of the area affected by Duke Power or by Charlotte-Mecklenburg Utilities. We will continue to keep Council updated.
Lead Testing in Charlotte-Mecklenburg Drinking Water
Staff Resource: Doug Bean, 704-391-5070
You may have read or heard about recent national news reports regarding the presence of lead in drinking water for some large cities. Locally, one news media outlet has asked us about lead testing and reporting practices in drinking water in Charlotte-Mecklenburg. While lead is not a drinking water issue in our community, we wanted to share the following background information:
- Charlotte-Mecklenburg Utilities performs more than 325,000 water quality tests per year and monitors for more than 100 contaminants including lead. Our tap water has historically compiled with 100 percent of all limits set forth by The U.S. Environmental Protection Agency (EPA) and N.C. Department of Environment and Natural Resources (DENR).
- EPA and NCDENR set the maximum allowed limits for lead, and establish our requirements for lead testing.
- Based on our water quality history and the extremely low presence of lead, Charlotte-Mecklenburg Utilities is required to test once every three years for it. Our own testing standards exceed that requirement: We test once per year for lead in order to more closely monitor this substance.
- Annual samples are taken from taps at 50 residential locations throughout the countywide service area. The selected sample sites are based on EPA-prescribed criteria - i.e. these would be homes that typically carry a higher likelihood of having lead in their private plumbing based on their age and plumbing materials. The most likely source of lead within those sites is household plumbing (joint solder, fixtures, pipe material).
- Our staff takes the sample and sends it to an independent laboratory, which submits all results to the state/EPA and copies us.
The maximum limit for lead concentration (known as an 'action level') requires 90 percent of samples collected to be less than 15 parts per billion (ppb). Of our most recent lead samples collected in 2003, 100 percent were below 15 ppb, and 90 percent were below 3.9 ppb.
