Calendar:
Monday, September 12
1:30 pm - Budget Committee Meeting, Rooms 270-271. AGENDA: Review alternative revenues inventory; Recommendation of next steps
3:30 pm - City Attorney's Evaluation, Room 280
5:30 pm - Council Dinner Briefing, Room 267
7:00 pm - Council Business Meeting, Meeting Chamber
Thursday, September 15th
CANCELLED Restructuring Government Committee meeting is cancelled and rescheduled to October 3 at 12:00 pm.
Agenda Notes:
Dinner Briefing: Open Space Requirements in Single Family Zoning Districts
Staff Resources: Debra Campbell, 704-336-2671and Keith MacVean, 704-336-5738
A briefing on open space requirements in single family zoning districts has been added to Council's dinner briefing for Monday night. The Charlotte Observer recently published two articles regarding a zoning enforcement issue in Myers Park, which requires at least 65% of a lot to consist of "open space". Notices of Violation were issued for eight (8) properties under construction because of possible problems with this requirement. The September 2nd Council Manager Memo indicated that a survey had been requested to determine if the lots violated the open space requirements.
Staff researched other cities and their open space requirements. Attached are the findings of the preliminary research of 22 communities that illustrates that the definition of "open space" varies greatly, with several cities preferring to require "minimum useable open space", which also varies in definition. It has been difficult to find cities that have a comparable definition to our definition of "open space". The survey shows that many cities use an alternative approach by requiring a "maximum lot coverage" or "maximum building coverage", with several cities requiring side and rear yards to be "open to the sky, and unobstructed". Staff will continue to research additional cities.
Agenda Item #6: Congestion Mitigation Air Quality Project List for Mecklenburg Union Metropolitan Planning Organization
Staff resource: Norm Steinman 704-336-3939
Attached is a revised Request for Council Action (RCA) that will take the place of Item 6 that currently appears in your final agenda. It asks that you direct your MUMPO representative's vote to support the Technical Coordinating Committee's (TCC) recommendations regarding use of Congestion Mitigation and Air Quality funds. Partial funding of a pilot voluntary air quality program in 2006 is included. CATS, CDOT and Planning Staff supported inclusion of the pilot program and the TCC's vote was unanimous. You received a presentation regarding the voluntary air quality program at your September 6 workshop. A list of projects to be funded with CMAQ funds (with changes related to addition of the pilot program) is included as an attachment to the RCA.
Agenda Item #15: South Corridor Light Rail Project I-485 Parking Garage
Staff Resource: Dee Pereira, 704-336-2166
CATS is pulling the above mentioned contract from Council's agenda on Monday, September 12 to complete the contract process prior to award.
Agenda Item #29F: NC Hwy 73 Davidson/Concord Road 24-inch Water Main
Staff Resource: Reid Hinson, 704-353-0471; Mac McCarley 704-336-4112
This agenda item involves the condemnation of an easement for a 24-inch water main (4,608 square feet) in the front yard of a residence on Davidson-Concord Road in northeast Mecklenburg County for no compensation to the property owner. The property belongs to Ms. Cindy Nilson and is her former home. She has since moved out of state and the property is listed for sale. Ms. Nilson's predecessor in title is Mr. Harvey Tritt, a resident of Stanly County, NC. The issues necessitating this memorandum are (1) that the City paid for, but did not receive a valid easement; (2) the City needs to condemn to obtain valid title; (3) Ms. Nilson improperly claims that she is entitled to just compensation even though her contract with Mr. Tritt states that he receive the compensation for the easement; and (4) under North Carolina law one who sells the right to receive just compensation is not entitled to receive payment in a condemnation proceeding.
The City Attorney's Office suggests condemnation at the purchase price of $0 because Ms. Nilson contracted away her right to receive just compensation to the former owner who has been paid the appraised amount of $8,900. The City contracted with the former owner to obtain the easement. During negotiations between the right-of-way agent and the former owner, Mr. Tritt sold the property to Ms. Nilson but reserved in the contract the right to receive just compensation for the easement. Because he no longer owned the property Mr. Tritt's subsequent conveyance to the City did not pass valid title to the easement and he has been sued by us for this.
Thinking the City had valid title, City employees went onto Ms. Nilson's land and cut down a tree within the easement. She filed suit against the City for inverse condemnation claiming she had a right to receive just compensation, even though she had contracted away that right in her dealings with Mr. Tritt. The City has denied her claim on this basis and has asserted a further claim against Mr. Tritt for this defense.
Condemnation is now necessary so that the City may obtain a valid easement and continue its work. A zero deposit is unusual but is appropriate under North Carolina law, which recognizes that the right to just compensation is a property right that may be conveyed, as is the case here.
Information Items:
Farrakhan's Visit - September 12, 2005
Staff Resource, Keith Parker 704-336-3855
Minister Louis Farrakhan is scheduled to speak Monday, September 12 at 6:30 p.m. at the Little Rock A.M.E. Zion Church (7th and McDowell Streets). Minister Farrakhan's visit is likely to fill the church with up to 1,800 attendees. CMPD has prepared a traffic plan to mitigate the traffic impact and inconvenience to First Ward residents.
