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Council Manager Memo #71 - Oct. 7, 2005

Calendar:
  
(See Below)

Agenda Notes:
Dinner Briefing Item #2: Open Display of Firearms
Agenda Item #8: Neighborhood Association Withdraws Opposition to Right-of-Way Abandonment at Water Heaven Lane and Ridge Lane Road
Agenda Item #20: South Corridor Light Rail Project - I-485 Parking Garage Clarifications
Agenda Item #28: Airport Fuel Farm Expansion - PULLED

Information Items:
  - Urban Street Design Guidelines - Public Meetings
  - Solid Waste Services Community Meeting
  - Solid Waste Services Latino Recycling Campaign 2006 Kick-off
  - Transit Oriented Development Land Acquisition
  - Approval of Subdivision Streets

Attachments:
  - October and November Calendars
  - Resolution to close a street at Winterhaven Ln. and Ridge Lane
  - Map for  Right-of-Way Abandonment
  - Solid Waste Service Community Meeting Descriptions
  - Solid Waste Services Meeting Invitation List
  - Solid Waste Latino Recycling Campaign Itinerary
  - Map of TOD property
  - City Council Follow Up Report - October 7, 2005

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Calendar:
Monday, October 10
       3:00 pm - Budget Committee Meeting, CH-14  AGENDA: Review FY2006-2010 General Capital Investment Plan; Future Committee Discussion Items
       4:00 pm - Governmental Affairs Committee Meeting, Conference Room 280  AGENDA: Recap of 2005 Legislative Initiatives and Stage Setting for 2006; Discussion of Legislative Strategy and Timetable for Cultural Facilities Plan
       5:00 pm - Council Manager Dinner Briefing, Room 267
       7:00 pm - Council Business Meeting, Meeting Chamber

Wednesday, October 12
       8:30 am - Transportation Committee Meeting, Room 280 AGENDA: Urban Street Design Guidelines; Center City Transportation Study; Transportation Action Plan Update

Friday, October 14 - Charlotte Chamber Annual Transit and Land-Use Summit

Calendar Item:
Charlotte Chamber Annual Transit and Land-Use Summit - Friday, October 14
Staff Resource: Olaf Kinard, 704-336-2275 -- okinard@ci.charlotte.nc.us  

The Charlotte Chamber is conducting its 3rd annual Transit Summit this year on Friday, October 14, 2005, at the Westin Hotel from 8:30 am - 3:30 pm. Change is occurring both nationally and locally in the demographic landscape of communities, in consumer preferences, employer location strategies and with transportation infrastructure investment. More and more people are choosing communities within walking distance to employment, retail, entertainment and a variety of transportation choices especially public transportation. Higher gasoline prices are likely to spur this market demand even more.

This year the Summit focuses on how Transit Oriented Development at and near rapid transit stations are creating sustainable communities. National as well as local planning and development experts will present how developers, businesses, government and the public can play a role in creating communities and how to capture the benefits of the changing economic landscape. City staff from CATS, the Planning Commission and Economic Development worked with the Chamber to plan this year's Transit Summit. Council members desiring to attend the session may contact Lavernia Stoneman at 704-336-3898 or e-mail lstoneman@ci.charlotte.nc.us to reserve a seat.


Agenda Notes:
Dinner Briefing Item #2: Open Display of Firearms
Staff Resource: Keith Parker, 704-336-3855 -- kparker@ci.charlotte.nc.us

At the October 10 meeting, Council will receive a presentation from CMPD to begin discussions regarding pedestrians displaying firearms on the public streets and sidewalks in the city of Charlotte. CMPD will ask that the matter be referred to the Community Safety Committee for additional research and a discussion of possible measures for Council consideration.


Agenda Item #8: Neighborhood Association Withdraws Opposition to Right-of-Way Abandonment at Water Heaven Lane and Ridge Lane Road
Staff Resource: Linda Poissant, 704-336-2562 -- lpoissant@ci.charlotte.nc.us

This abandonment will appear as Waterhaven Drive in your final agenda. Please note that the correct street name has been identified as Water Heaven Lane. The revised resolution and map indicating the correct street name are attached.

As noted in the background of the subject Request for Council Action, the Derita-Statesville Neighborhood Community Association had expressed strong opposition to the proposed abandonment based on storm drainage concerns. A meeting was held Thursday, October 6, 2005, at 4:00 pm with the developer, Derita-Statesville Community Representatives, and City staff. Scope of proposed drainage improvements to be made by the City was reviewed in detail and discussions resulted in the neighborhood withdrawing their objections to the proposed abandonment.

The City plans to begin construction on the storm water improvements within the next 6 to 12 months. Staff recommends that City Council approve the proposed abandonment.


Agenda Item #20: South Corridor Light Rail Project - I-485 Parking Garage Clarifications
Staff Resource: Ron Tober, 704-336-7245 -- rtober@ci.charlotte.nc.us

Agenda Item #20 on Council's Monday night agenda involves the award of a contract to Crowder Construction to construct the 1,125 space parking garage to be located at the terminal station of the South Corridor Light Rail Line. The discussion of this item in the Council's agenda package failed to say that the negotiations with the three bidder's that produced the $2,000,000 savings also resulted in the contract award being under budget. This fact is shown in Attachment 15 to the agenda entitled SCLR Project budget Control Worksheet.

As shown in the Attachment, the reduction achieved through negotiation actually resulted in the contract award amount being $807,000 under budget. Therefore, this amount is transferred to the Unallocated Contingency for the Project. The contract award amount of $21,389,000 does include a separate $800,000 in contingency allocated for this particular construction project. The primary scope reductions that contributed to the $2,000,000 savings involved the elimination of one bay unit (a section of roof and two floors) in the garage structure. This resulted in a reduction of 89 parking spaces and a somewhat smaller play field area on top of the garage.

CATS staff consulted with FTA and CMS staff during the negotiations with the bidders to obtain their concurrence.


Agenda Item #28: Airport Fuel Farm Expansion - PULLED
Staff Resource: Jerry Orr, 704-359-4006 -- jorr@charlotteairport.com

On September 27, 2005, the Aviation Department accepted bids for the expansion of one of the corporate aviation fuel farms. After bid opening, the second lowest bidder challenged the responsiveness of the lowest bidder. Upon review of the specifications and the bids, it appears that the specifications are not clear, that the top two bidders each had different and plausible interpretations of the requirements, and that their differing interpretations could have materially affected their bids.

Therefore, at the request of the Aviation Director, the Manager has rejected all bids. Aviation staff will revise and clarify the specifications, issue an addendum and invite all bidders to resubmit bids for the work.  A request for Council to award the contract to the low bidder appears on Council's agenda for October 10, 2005 as Item number 28. The Aviation Director has notified the Clerk and the Manager of his withdrawal of that request for council action.

Information Items:
Urban Street Design Guidelines - Public Meetings
Staff Resources: Norm Steinman, 704-336-3939 -- nsteinman@ci.charlotte.nc.us and Tracy Newsome, 704-353-0778 -- tnewsome@ci.charlotte.nc.us

As a reminder, City Council is cordially invited to attend upcoming open-house meetings about the draft Urban Street Design Guidelines. Meetings will be held:
 
  • Wednesday, October 12 from 6 p.m. to 8:45 p.m.
    University City Regional Library
    301 E. W.T. Harris Boulevard
  • Friday, October 14 from 11 a.m. to 2 p.m.
    Uptown (Main) Library
    310 North Tryon Street
  • Saturday, October 15 from 2 p.m. to 5 p.m.
    Morrison Regional Library
    7015 Morrison Boulevard

Meetings are being publicized via the local media, the City/County Web site, letters to neighborhood leaders, C-Mail (semi-weekly e-mail newsletter), City Page (semi-weekly Charlotte Weekly advertorial), City Source (weekly City news show on Cable Channel 16) and posters and brochures distributed at the CMGC, CATS facilities, area libraries, YMCAs and bicycle shops. A brochure is attached and a full copy of the draft guidelines is available at: http://cdot.charmeck.org.


Sold Waste Services Community Meeting
Staff Resource: Wayman Pearson, 704-336-3410 -- wpearson@ci.charlotte.nc.us

On Wednesday, October 12, 2005, Solid Waste Services will host a community meeting to introduce new Deputy Director Victoria Garland to neighborhood leaders from various Charlotte neighborhoods. The meeting will be held from 6:30 - 8:00 pm at the Government Center in Room 267.

In addition to introducing Ms. Garland, Solid Waste Services will also give attendees an overview of neighborhood programs offered by the unit, including the Speakers Bureau, Call and Send Program and Neighborhood Beautification Initiative.

Neighborhood leaders are invited to attend. A brief description of the programs that will be reviewed at the meeting, as well as the invitation list is attached.


Solid Waste Services Latino Recycling Campaign 2006 Kick-Off
Staff Resource: Wayman Pearson, 704-336-3410 -- wpearson@ci.charlotte.nc.us

On Thursday, October 13, 2005, Solid Waste Services will hold its 2006 Meta Un G-O-O-O-L Reciclando Kick-Off. The Kick-Off event will: 

  • Provide an update on the 2005 campaign 
  • Announce plans for the 2006 campaign, including an introduction of new partnerships with Cultural Heritage, a children's group associated with the Latin American Coalition. The group will perform a play about recycling written by Cultural Heritage students. 
  • Offer attendees an opportunity to participate in games and other educational activities associated with this program.

Local childcare providers and the media will be invited to this event.

Meta Un G-O-O-O-L Reciclando is a public relations campaign designed to increase recycling participation in Charlotte's Latino community. The 2005 campaign resulted in a 12% increase in recycling participation in the targeted community.

The campaign also received the Best of Show and Silver Circle awards presented by the Charlotte Chapter of the International Association of Business Communicators and 3CMA (City/County Marketing and Communications Association) respectively. The 2006 campaign will build on the success of the 2005 campaign by maintaining partnerships established in the first year of the program and building new relationships to further program goals.

An itinerary is attached.


Transit Oriented Development Land Acquisition
Staff Resource: Tom Flynn, 704-432-1396 -- tflynn@ci.charlotte.nc.us

In April 2003, Council approved the Transit Station Area Joint Development Principles as a policy to spur growth in the transit corridors. To support this policy, Council has appropriated funds to the South Corridor Land Acquisition Fund for the purchase of land near transit stations to create transit oriented development.

To implement Council's policy, staff from Economic Development, CATS, Planning, and Engineering identified properties for acquisition by the City. The purpose of these land acquisitions would be to spur private sector transit oriented development by aiding in land assembly, removing blight or inappropriate land uses, and assisting in mixed income housing development. City staff has worked with a local real estate broker in these efforts. As a result, we have recently signed an option for an eight acre tract at South Boulevard and Clanton Road.

The staff team and broker selected this particular property for possible acquisition due to:

  • Proximity to transit 
  • Need for affordable housing in this portion of the corridor 
  • Opportunity to incorporate this tract with surplus land at the Scaleybark Station Park and Ride immediately adjacent to this tract 
  • Large size of the tract 
  • Opportunity to promote redevelopment in a portion of the corridor that has not begun to redevelop
Staff is now undertaking the due diligence on this property, including:
  • Conducting a development analysis and preparing a conceptual redevelopment project description
  • Conducting environmental studies
  • Survey and appraisal
  • Redevelopment schedule

Once the due diligence is complete we will bring the results to City Council for consideration of purchasing this tract and a process for selecting a private developer to redevelop this land into transit oriented development. We expect that this will get to Council in early 2006.

The property will be purchased with money from the Smart Growth Land Acquisition Fund and Housing Trust Fund. Council approved the Smart Growth Land Acquisition Fund to acquire and prepare land to be redeveloped into transit oriented development along the South Corridor.

This strategy was identified in the Council approved Transit Station Area Joint Development Principles. From FY02 to FY05 City Council has allocated money in the CIP to this fund, which now has a balance of $5,334,830. The estimated cost of acquiring this land is $5,435,000, of which $3,435,000 would come from the Smart Growth Fund and the remaining $2,000,000 would come from the Housing Trust Fund. The proceeds from the resale of this land would go back into these funds.

Attached is a map showing the location of the property.

Approval of Subdivision Streets
Staff Resource: Curt Walton, 704-336-5019 -- cwalton@ci.charlotte.nc.us

The City's Subdivision ordinance and State law requires subdivision streets in the Extra-Territorial Jurisdiction (ETJ) to be designed and constructed to North Carolina Department of Transportation (NCDOT) standards. NCDOT has historically reviewed subdivision plans and made compliance determinations for streets in the ETJ. State law further contemplates that NCDOT will subsequently accept the streets for maintenance purposes.

NCDOT recently started placing the following statement in lieu of its usual certification on subdivision plans: "For recordation purposes only. Streets will not be petitioned for acceptance into the street maintenance system", meaning into NCDOT's street maintenance system. City staff is talking with NCDOT and examining state statutes to determine the reason for the change and whether or not NCDOT has this prerogative to decline NCDOT maintenance in ETJs.

City staff is working through this issue as quickly as possible. In the meantime, preliminary plans and plats cannot be approved until this issue is resolved. Further, building permits and/or closings for lots that adjoin streets not approved for NCDOT maintenance may not be approved. We realize that this potentially has significant impact on our development community and we will advise Council of either the resolution of the issue or the next recommended steps toward its resolution next week.

 

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