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Council Manager Memo #45 - July 21, 2006

Calendar:

Monday, July 24
       3:00 pm - Mayor/Council Meet to Discuss City Manager's Evaluation, Room 280
       4:00 pm - City Manager's Evaluation, Room 280
       6:00 pm - Council Manager Dinner Briefing, Room 267
       6:30 pm - Citizens' Forum, Meeting Chamber
       7:00 pm - Council Business Meeting, Meeting Chamber

Wednesday, July 26
      
5:30 pm - Metropolitan Transit Commission Meeting, Room 267

Thursday, July 27
    
12:00 pm - Community Safety Committee Meeting, Room 280  AGENDA:  Valet Parking Ordinance; Communication with Towing Companies and CMPD; Neighborhood Watch Programs

Friday, July 28
      
7:45 am - Planning Liaison Committee Meeting, 8th Floor Conference Room

Agenda Notes:
Agenda Item #10: KROC Center
Staff Resource: Tom Flynn, 704-432-1396 - tflynn@ci.charlotte.nc.us  

Attached is agenda item #10. The Salvation Army and Charlotte Housing Authority will be present to answer questions.

Agenda Item #11: 2008 Annexation Process
Staff Resource: Jonathan Wells, 704-336-4090 - jwells@ci.charlotte.nc.us

On July 17, 2006, City Council was briefed by staff on the five areas that qualify for annexation with a June 30, 2007 effective date. This report provides responses to issues raised at that meeting relative to the annexation process and related issues.

Q: Can some background be provided on a fire that occurred in the Mallard Creek Church East annexation qualifying area to which the Charlotte Fire Department responded?

A: An apartment fire occurred on July 28, 2005 in the Berkeley Place apartments within the Mallard Creek Church East 2007 annexation qualifying area. The apartment complex is currently within the Mallard Creek volunteer fire district. There are 17 volunteer fire departments in Mecklenburg County. Traditionally, the Charlotte Fire Department and volunteer departments provide mutual aid to each other when called or needed. According to Fire Department records, Mallard Creek VFD was the first to arrive on the scene, followed by Newell VFD, and then Charlotte Fire Department. The Charlotte Fire Department dedicated eight engines, two ladders, two battalion chiefs, two deputy chiefs, a training officer, and the fire marshal to fight the fire. Fire records indicate that within the past year, the Charlotte Fire Department has responded to a total of ten calls in the Mallard Creek volunteer fire district (including the Berkeley Place fire).

Q: What factors led staff to not consider recommending annexation of the eastern portion of the extraterritorial jurisdiction for 2007?

A: State annexation statutes require completion of basic sewer and water service in annexation areas within two years of the annexation effective date. The ability to establish a reliable

construction schedule for the Reedy and McKee sewers in the eastern portion of Charlotte's extraterritorial jurisdiction is a key to developing an annexation time frame for this area.

For a number of years, uncertainties relative to design, funding, and environmental impacts coupled with the large scale of the proposed project have hampered staff's ability to reliably project completion dates for these sewer lines. The NC Department of Environment & Natural Resources (DENR) has communicated to Utilities that it is prepared to issue a "Finding of No Significant (environmental) Impact (FONSI)" facilitating an environmental permit necessary to construct the sewer line. Final permit application to the state is expected by October 2006 with receipt of the permit expected three to six months later. While Charlotte-Mecklenburg Utilities staff has made significant progress in this area, they are not at the point that completion of sewer installation could be ensured by June 30, 2009 (a requisite of 2007 annexation). Consequently, this area was not proposed for annexation in 2007.

Q: Is the sewer permitting issue related to the inter-basin transfer issue?

A: The inter-basin transfer issue is independent of the permit application for the proposed sewers intended to serve the Reedy and McKee Creek basins.

Staff was notified that The Charlotte Observer will run an article on the 2007 annexation qualifying areas, most likely on Monday July 24. In the past, Observer reporters have visited annexation qualifying areas and have spoken to residents about annexation in connection with research for the article. Since official City notification of affected property owners cannot occur until after Council approval of the 2007 annexation process (scheduled for the July 24 Council meeting), residents contacted by The Observer will be hearing about the annexation qualifying areas from The Observer first, rather than from the City.

Agenda Item #18C: Discovery Place Green Roof
Staff Resource: Sue Rutledge, 704-336-4120 - srutledge@ci.charlotte.nc.us

On Monday's agenda Council is asked to approve the installation of a green roof for Discovery Place. It will be the City's first green roof. This is a practical application for energy and resource conservation and relates to the City's new focus area on the environment.

The Discovery Place Education Building roof needs to be replaced. This well known science center location was considered ideal for replacement with a green roof. A green roof consists of a regular roof membrane covered with a plant medium (3 inches of soil) and planted with vegetation specifically identified for this type roof. The roof will be divided into several areas to allow us to use different plant media and species to better identify plants that have the best chance of thriving. The plant material is low growth, low water, and low maintenance. Once the plants are established, staff does not anticipate maintenance cost to exceed that of a conventional roof.

The advantages of this roof system include a reduction in heat buildup in our heavily developed uptown urban area, reduction of storm water runoff, improved air quality, improved energy consumption in the facility and a projected longer life span than a regular roof covering. The City of Chicago is part of a U.S. EPA - Urban Heat Island Project study. Chicago's City Hall now has a green roof which has lowered roof surface temperature by as much as 70 degrees Fahrenheit. From a life cycle standpoint, the initial cost for this type roof is approximately 20% to 40% more than a standard roof. However, the life span of a green roof is estimated to be two times greater than a conventional roof due to protection from UV light and excessive heat.

It is the philosophy of Engineering and Property Management to identify opportunities for the use of all types of sustainable designs in the design, construction and maintenance of our City facilities. Staff identifies and tests energy efficient and sustainable designs to determine if further use of these designs is warranted from a cost savings and environmental benefit standpoint.

While it is relatively new technology in the United States, it is worth piloting this to learn first-hand in Charlotte the practicality of possible applications in the future.


Information items:

MUMPO Delays Monroe Bypass and Dixie River Road/Shopton Road West Thoroughfare Plan Votes
Staff Resource: Tim Gibbs, 704-336-3917 - tgibbs@ci.charlotte.nc.us

Monroe Bypass: At its July 19 meeting, the Mecklenburg-Union Metropolitan Planning Organization (MUMPO) voted to defer a decision regarding adding Section A of the Monroe Bypass to the Thoroughfare Plan and the Long Range Transportation Plan. The delay came after over 200 citizens attended the meeting and expressed concerns regarding the proposed action. The MUMPO directed staff to meet with the North Carolina Turnpike Authority, North Carolina Department of Transportation, Federal Highway Administration and other agencies to see if there were other options to accomplish a bypass of Monroe, including potentially combining the Monroe Bypass and the Monroe Connector into one project. The MUMPO will consider this information at its September meeting and then decide how to move forward. Charlotte staff will update Council as more information becomes available.

Dixie River Road/Shopton Road West Thoroughfare Amendment:  The MUMPO delayed its vote on Dixie River Road/Shopton Road West Thoroughfare amendment changes. The MUMPO anticipates a special meeting in August to hear more details about this project and to amend the Thoroughfare Plan.

In Rem Demolition Delayed - 1326 Pecan Avenue
Staff Resources: Walter Abernethy, 704-336-4213 - wabernethy@ci.charlotte.nc.us
Mike Jenkins, 704-336-7988 - mjenkins@ci.charlotte.nc.us  

On June 26, 2006, City Council approved the In Rem demolition of 1326 Pecan Avenue. This is an open and vacant triplex which is structurally unsafe and being used by vagrants. The structure is within the boundaries of the Plaza-Midwood local historic district. Therefore, the Historic District Commission (HDC) must approve the issuance of a demolition permit prior to Council's demolition ordinance being implemented.

On July 12, 2006, staff presented the case to the HDC for approval. Staff requested that no delay be given due to the unsafe nature of the structure. The HDC voted 4-3 to delay the approval of the demolition permit for up to 365 days, which means no demolition can take place. City Code

Enforcement notified the owner, Xerras Development LLC, that the property must be secured by Wednesday, July 19, 2006 or the City would secure the property and bill them. A follow up inspection of the property on July 20, 2006 found the structure still open and unsecured. Code Enforcement has taken action to board up the structure to limit unauthorized access.

Airport USO
Staff Resource: T. J. Orr, 704-359-4006 - tjorr@charlotteairport.com

The United Service Organizations (USO) of North Carolina is establishing a welcome center for traveling soldiers at Charlotte Douglas Airport. The mission of the USO is to provide morale, welfare and recreation-type services to men and women in uniform. The center will provide U.S. military personnel a place to rest and access computers, phones and television.

The center will be located in the former British Airways Club, which has been vacant for several years. The Airport will waive rent charges for the center. This rent waiver has been approved by the FAA, and is consistent with what other airports offer the USO. The City may terminate the lease upon 30 days' notice.

The center should open in the early fall. Sponsors include General Dynamics, Best Buy, Lowe's and Coke. Other USOs in North Carolina include Jacksonville and Raleigh.

SBA Community Express Loan Workshops
Staff Resource: LaTonya J. Polk, 704-336-4178 - ljpolk@ci.charlotte.nc.us

The Economic Development (ED) Office partnered with the Small Business Administration (SBA) and Central Piedmont Community College to host two SBA Community Express Loan Workshops on Wednesday, July 19, 2006.

The workshops gave participants the opportunity to learn about the Community Express Loan and other SBA loan programs. The various programs offer loans from $5,000 - $50,000 targeted to small business owners. The loans can be used to purchase equipment, for working capital, expansions, hiring of personnel, etc. Thirty current and potential small business owners attended. ED hosted this workshop in June and will host two workshops in August. For more information on the August workshops, call 704-336-2473.

Utilities Reimbursed by Contractor for EPA Erosion Fine
Staff Resource: Doug Bean, 704-391-5070 - dbean@ci.charlotte.nc.us

Charlotte-Mecklenburg Utilities contracted with Bryant Electric to build a pump station for the Beaver Dam Creek Basin. During construction of this project, the Environmental Protection

Agency (EPA) found erosion and sedimentation permit violations related to Bryant Electric's work. The EPA fined Utilities $75,000 for the violation and the City was reimbursed by Bryant Electric. As part of the fine, a legal advertisement was placed in the July 21 edition of The Charlotte Observer.

Boarded-Up Houses Along West Boulevard
Staff Resource: Walter Abernethy, 704-336-4213 - wabernethy@ci.charlotte.nc.us  

There are several privately-developed homes in the 2300 block of West Boulevard whose sale and occupancy have been held up over several issues. The developer, Tara Properties, has not obtained certificates of occupancy because of issues relating to water and sewer connections, plumbing permits and subdivision ordinance requirements. City Engineering and CMUD have various holds on the permits and are waiting for compliance with the codes before releasing the holds. Although the water and sewer issue has been resolved, the developer has not applied for connection.

In June, the City asked that the homes be secured because of public safety hazards they presented being open and vacant. The developer complied with the request and boarded up the windows and doors. While boarded-up structures can be an eyesore, staff feels minimizing the chance for criminal or undesirable activities to occur outweighs appearance.

A representative of the West Boulevard Neighborhood Coalition has expressed concern over the effect these boarded up homes have on the appearance of the corridor and has suggested demolition of the homes. Since these are new homes, the structures don't meet Minimum Housing Code requirements for demolishing them. Although the City has no time limit for boarded up structures, this issue and possible ordinance changes have been referred to the Housing and Neighborhood Development Committee for further study and recommendation to Council.

Within the past week, staff has tried to reach the developer twice to find out what their intentions and timeline for completion are. The developer has not responded to our inquiries. Staff will continue to monitor the situation and report new developments to Council.

Homicide Task Force Update
Staff Resource: Keith Parker, 704-336-3855 - kparker@ci.charlotte.nc.us  

The Homicide Task Force met July 17 to discuss recommendations that will be presented to Mayor and Council. The Task Force added one more meeting to its schedule to refine the more than 40 recommendations that have been identified. The final report will now be presented at the August 28 Council meeting.

State Legislative Update
Staff Resource: Boyd Cauble, 704-336-2009 - bcauble@ci.charlotte.nc.us  

This past week in Raleigh was focused on ethics in government, lobbying reform, and campaign finance issues. The Senate combined all these issues, which the House had previously dealt with separately, and sent a bill to the House for concurrence. After reviewing the 58-page document, the House Judicial I Committee voted to recommend that the House not concur in the Senate Bill. This resulted in a conference committee to be led by Senator Clodfelter and Representative Joe Hackney, Chapel Hill. Hackney and Clodfelter will spend the weekend reaching consensus on a bill to be acted upon next week by both houses. Local government elected officials and government employees appear to be exempt from this far-reaching campaign legislation.

We received several compliments from both House and Senate leaders as we thanked them for their votes on our cultural facilities legislation and were encouraged by some to continue to "be the economic engines for state financial improvement."

All our local initiatives have been approved. We should give special acknowledgement to Representatives Saunders and Alexander, and Senators Clodfelter and Graham for their work on our local initiatives. Additionally, Senator Dannelly and Representatives Carney, Cunningham, McMahan, Earle and Vinson joined those members previously mentioned, in playing an important role in getting passage of our cultural facilities package. Finally, Speaker Black orchestrated the movement in the House which allowed Charlotte-Mecklenburg to get special authorization for a local revenue (rental car tax) while other areas of the State were denied local authorization for additional revenues.

Transportation funding will surely be a topic for future legislatures. The House, led by Speaker Black, stopped an effort to divert revenue from one area to another, which may have hurt Mecklenburg. The major issue of "funding roads where the most congestion exists" will be on the radar prior to the '07 session.

The attached Legislative Bulletin from the North Carolina League of Cities summarizes Storm Water, Solid Waste and Eminent Domain issues which passed the Legislature last week. It is also important to note that the Bill Lee Act and the JDIG Economic Development Grant Program also received final approval.

We are hopeful next week will conclude the '06 Legislative Session.