Calendar:
Monday, September 11
3:00 pm - Transportation Committee Meeting, Room 280. AGENDA: Monroe Bypass and Connector; Multi-way Stop Thresholds; State and Local Funding Strategies.
5:00 pm - Council Manager Dinner/Briefing, Room 267
7:00 pm - Council Business Meeting, Meeting Chamber
Agenda Notes:
Dinner Briefing Item 33: Kroc Center
Staff Resource: Tom Flynn, 704-432-1396 - tflynn@ci.charlotte.nc.us
City Council referred the issue of City participation in the proposed Salvation Army Kroc Center to the Housing and Neighborhood Development Committee. The Committee met three times on this issue, receiving and discussing information presented by staff. The Committee unanimously voted to recommend to City Council that the City support the Kroc Center in Belmont if the City is kept whole, or the location on Independence with City investment is limited to the road construction.
In discussing this issue, the Committee focused on the following issues:
- Funding beyond infrastructure would be inconsistent with City policy
- Concern about duplication of services, particularly at the Belmont site
- Lack of County participation in a project that is primarily a recreation and social service center
- Economic impact of a Kroc Center
- Other City Capital Improvement Program priorities
- Viability of sites other than the three presented
This issue will be presented to City Council on September 11 for information only. Since we will have limited time at dinner, we have attached a draft of the dinner presentation. Council will be asked to vote on this issue on September 25, 2006.
Information was provided to the Housing and Neighborhood Development Committee for their September 7 meeting.
Dinner Briefing Item #4 and Agenda Item #9: Cultural Facilities Agreements Staff Resource: Ron Kimble, 704-336-4169 - rkimble@ci.charlotte.nc.us
The Economic Development and Planning Committee met on Wednesday, September 6 to consider the Cultural Facilities Agreements.
The Committee voted 4 (Carter, Mitchell, Dulin and Lassiter) to 1 (Lochman - opposed) to "Authorize the City Manager and Mayor to execute the Cultural Facilities Agreements as presented with technical corrections and minor modifications consistent with the spirit and intent of the transaction".
Members of City Council received a bound copy of all 18 agreements on Tuesday night. Minor changes have been made to some of those agreements by the ED&P Committee and staff since Tuesday, with one exception.
A change to the Development Agreement has been made which gives the greatest assurance that these cultural facilities will be built upon passage of the Development Agreement by both the City and County. Specifically, this change would make it clear that, once the Development Agreement is approved, neither the City nor the County could unilaterally terminate funding for the project.
The interlocal agreement between the City and County protected against this; the Development Agreement language did not fully align. This change is highlighted on pages 16 and 17 of the Development Agreement. We will present more background and rationale for this change at your meeting on Monday.
Attachments:
- PowerPoint presentation
- Revised City/County/Wachovia Development Agreement (black lined changes)
- ASC & Affiliates Endowment Agreement
- Financial framework
Information items:
Wilmore Neighborhood Center
Staff Resource: Richard Woodcock, 704-336-8572 - rwoodcock@ci.charlotte.nc.us
A local developer has expressed interest in redeveloping properties in the Wilmore neighborhood currently owned by the City and the Wilmore Neighborhood Association (WNA). The Wilmore Neighborhood Center (owned by the City) is located at 501 West Boulevard and a quadraplex for low to moderate-income residents (owned by the WNA) is located at 531 West Boulevard.
As a result of the developer's interest, City staff met with the WNA Board to discuss a joint project for the development of the entire site. In addition to exploring different uses of the site, the WNA Board wants to preserve the community space in the Wilmore Center and retain the community garden. A general development framework for a Request for Proposals was produced.
In the coming weeks, Council member Turner will hold a district meeting in Wilmore that will include a discussion of the project with neighborhood residents. If the project progresses, Council will be asked approve the selected development proposal.
In 1993, the City entered into a 25-year deferred loan agreement with the Wilmore Neighborhood Association (WNA) to purchase and renovate the properties at 501 and 531 West Boulevard. The current loan balance is $477,106. In 2002, the WNA lacked the resources to maintain the Center and deeded the property to the City. This agreement was intended to allow WNA time to develop resources to maintain the Center. At this time, the WNA does not have the capacity to maintain the center.
Street Resurfacing 2006
Staff Resource: Bong Vang, 704-432-0414 - bvang@ci.charlotte.nc.us
The City is scheduled to test a new asphalt material that, if successful, may reduce maintenance cost, increase the life of the pavement, and potentially reduce asphalt quantities used. The new asphalt mix will be tested along Park Road between Smithfield Church Road and South Mecklenburg High School. The new material will be evaluated at this location over the next two years. The anticipated date for this work is the first week of October 2006.
Institute for Emerging Issues Forum on October 25
Staff Resources:
Ruffin Hall, 704-336-3403 - rlhall@ci.charlotte.nc.us and
Boyd Cauble, 704-336-2009 - bcauble@ci.charlotte.nc.us
Recently staff was invited to participate in the planning for a community forum in Charlotte organized and sponsored by the Institute for Emerging Issues. Other participants included representatives from the Chamber of Commerce, the State, Central Piedmont Community College, N.C. Center for Business and Industry and Bellsouth.
The title of the upcoming forum is Charlotte Community Forum on N.C. Tax and Financial Modernization. The proposed date and location is October 25 from 8:30 am to 1:00 pm at Central Piedmont Community College, Harris Conference Center.
According to their mission statement, The Institute for Emerging Issues is a "think and do" tank affiliated with N.C. State University for public policy through research, ideas, debate and action. This forum is one of five meetings across the State as follow-up to the conference held last February in Raleigh on North Carolina's tax and finance system.
The Institute is organizing community forums to support leaders in all regions of the State to refine and implement ideas regarding tax and finance issues. The agenda will include topics on N.C.'s tax structure, connection of local issues to State tax modernization, a look at income, sales and property tax structures as well as local topics to be determined.
For more information, please contact Roland Stephen, Assistant Director for Research and Policy at 919-515-9257 or roland_stephen@ncsu.edu Or you may go to their website at www.emergingissues.org. Registration information will be available soon.
FY06 Year-End Small Business Enterprise Utilization Report
Staff Resource: Tiffany Capers, 704-336-3862 - tcapers@ci.charlotte.nc.us
The City's FY06 SBE Utilization goal for informal purchases was 7%. The City exceeded that goal with over 14% informal spending with SBEs throughout FY06, compared to 9% for FY05. Over $23.5 million was spent with SBE's on all analyzed purchases for FY06.
Other highlights for FY06 include:
- $49.5 million spent with minority and/or women-owned firms
- All (5) minority-ownership groups surpassed the goals established for subcontractor utilization
- Over $5.4 million committed to S/MWBE's on analyzed Public-Private development projects
Attached is the FY06 SBE Report.
Directed MUMPO Vote on Monroe Connector and Bypass
Staff Resource: Jim Humphrey, 704-336-3883 - jhumphrey@ci.charlotte.nc.us
City Council was previously informed that the Mecklenburg-Union Metropolitan Planning Organization (MUMPO) delayed action on the alignment for the Monroe Bypass due to concerns expressed by citizens and MUMPO members at the July MUMPO meeting. The NCDOT was to respond to questions and concerns so that the MUMPO could consider voting at their September 20 meeting.
At yesterday's Technical Coordinating Committee (TCC) meeting, the NCDOT outlined a process and provisions for moving forward which was unanimously supported and recommended to the MUMPO. The process/provisions include:
- Withdrawing the previous recommendation regarding specifying an alignment for Segment A of the Bypass.
- Combining the Connector and Bypass projects for purposes of performing an Environmental Impact Statement and determining an alignment for a bypass of Monroe between 485 and Marshville.
- The Turnpike Authority will lead environmental studies.
- The MUMPO is not taking a position on tolling at this time and understands that this subject will be handled separately from work to establish an alignment.
- MUMPO and municipalities in proximity to the project expect to be partners in the study process and actively participate in the process.
As a result, staff is asking that City Council to direct its MUMPO representative's vote in support of the TCC recommendation. City Council must direct its representative's vote by the September 20 MUMPO meeting. The action will be discussed at Monday's Transportation Committee meeting and is on your agenda for action Monday.
Attached is a map highlighting the current Monroe Connector and Monroe Bypass alignments on the MUMPO Thoroughfare Plan.
Study of Options for Planning and Funding of State Roads
Staff Resource: Norman Steinman, 704-336-3939 - nsteinman@ci.charlotte.nc.us
City Council adopted the city's first comprehensive, long-range transportation plan, the Transportation Action Plan (TAP), in May 2006. In June Council referred the study of potential strategies to address the planning and funding of NCDOT-responsibility roads within our jurisdiction to the Transportation Committee.
In preliminary discussions, the Committee has established a goal of having recommendations to the full Council in time to consider including the recommendations in Council's 2007 legislative package. Over the next several months, the Transportation Committee will evaluate existing planning, programming and funding processes and define possible changes to better accomplish the goals of the TAP.
By December City staff, with the assistance of consultants familiar with transportation funding strategies from across the county, will produce a report for the Transportation Committee's consideration that will provide information for elected officials, NCDOT and local jurisdictions to use to advance legislative and financial changes.
The report will provide an assessment of what is working, what is not working and what must be changed in order for Charlotte, this region and North Carolina to meet long-term transportation and economic development goals. MUMPO has available funds designated for studies such as this and the City will be requesting funding approval from MUMPO at its September 20 meeting. This topic will be discussed at Monday's Transportation Committee meeting.
The Transportation Committee will be discussing these strategies at its meetings on September 11, September 25 and October 23, and possibly longer. At the September 11th meeting, the committee will hear from the Surface Transportation Policy Partnership (STPP), which is a national transportation advocacy group that is familiar with transportation funding approaches and reforms across the country.
Adult Business Lawsuit
Staff Resource: Bob Hagemann, 704-336-2651 - rhagemann@ci.charlotte.nc.us
As you may be aware, we have been defending a Federal lawsuit brought by the following adult businesses: Central Avenue Video (2123 Central Ave.), Independence Video & News (3205 The Plaza), Riverside Video (9609 Wilkinson Blvd.), Chasers (3217 The Plaza), and Carousel Club (3441 South Blvd.). The lawsuit stated numerous claims regarding the City's 1994 Adult Business Zoning regulations and the 1999 Sexually Oriented Business licensing ordinance.
U.S. District Court Judge Graham C. Mullen issued an order yesterday granting summary judgment in the City's favor on every challenge to the Sexually Oriented Business licensing ordinance and many of the challenges to the Adult Business Zoning regulations. Judge Mullen did, however, conclude that several claims involve disputed facts and, therefore, summary judgment is not appropriate.
Those remaining claims are: (1) the zoning regulations do not leave reasonable alternative locations; (2) a procedural due process violation regarding notice; (3) the zoning variance provision vests the board of adjustment with too much discretion and does not ensure a timely decision; and (4) the board of adjustment's decision to grant some variance requests while denying the plaintiffs' is a violation of substantive due process and equal protection.
It is important to note that Judge Mullen did not make any negative determination regarding the City's ordinances or decisions. Instead he simply concluded that the remaining issues will have to be resolved through a trial on the merits. We will keep you informed as this lawsuit progresses.
National Violent Crime Summit
Staff Resource: Keith Parker, 704-336-3855 - kparker@ci.charlotte.nc.us
On August 30, Assistant City Manager Keith Parker, Deputy Chief Nina Wright, and Deputy Chief Dave Stephens attended the National Violent Crime Summit in Washington, DC. The goal of the summit was to identify national violent crime problems, examine why such crimes have increased, and discuss strategies and response models to address the issues.
Approximately 170 police chiefs, city managers, mayors and other government officials attended the Summit. In many cities, violent crimes have dramatically increased during the first six months of 2006, as compared to 2005. Atlanta, Boston, Denver, Minneapolis, and Orlando are among the cities that have seen increases of more than 20% in homicide, assault, or robbery. Violent crime in Charlotte increased 0.1% during the first six months, with homicides down by about 20%.
Anthony Braga, a criminologist from Harvard University, stressed that a small number of individuals are committing a significant percentage of the violent crimes. Dr. Braga also noted that the level of violence has increased, with many arguments over relatively minor issues resulting in gunfire. Much of the violent crime is committed by ethnic minorities from low income neighborhoods.
Also in attendance at the Summit was the Justice Department's Deputy Attorney General, Paul McNulty. During a question/answer period with Mr. McNulty, participants stressed that the federal government must do more to tackle the violent crime upsurge. Mr. McNulty responded that in terms of granting more resources to cities, it will be difficult with so many competing challenges, including "fighting the war on terror." Mr. McNulty stressed the federal government will work with cities to employ strategies on a wider scale that have shown promise in some localities.
