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Council Manager Memo #46 - June 20, 2008

Calendar Details:
Monday, June 23
       3:30pm -
 Transportation Committee, Room 280 – Agenda: New Bern Area Transit Plan, MUMPO Vote on Transportation Improvement Program (TIP) Amendment, I-485 Funding Overview, Summer Meeting Schedule        
       5:00pm - Council Business Meeting
       6:30pm - Citizens' Forum

Wednesday, June 25 – Friday, June 27
      
Chamber Inter-City Visit, Chicago, IL


 

Agenda Notes:
Agenda Item # 7: Draft Northlake Area Plan
Resource:
   Alysia Osborne, 704-336-3910 or
adosborne@ci.charlotte.nc.us

Council deferred action on this plan at their May 12 Business Meeting due to continued concerns about land use recommendations from two property owners in the plan area. Staff met five times with one property owner and twice with the other to address their concerns. These meetings resulted in agreement between staff and the property owners on some additional proposed revisions to the draft plan. Staff updated the Planning Committee on June 17 and Council's Economic Development & Planning Committee (ED&P) on June 18 regarding the proposed revisions.

Council's Economic Development & Planning Committee decided to take another vote on the draft plan to respond to the proposed plan revisions. The vote was 4 to 1 with Council members Lassiter, Kinsey, Mitchell and Carter voting yes. Council member Foxx was opposed. Council Member Foxx's negative vote was due to his not being present to hear the discussion of the proposed changes. He indicated he will meet with staff to discuss the changes prior to Monday evening. Attached is a chart that summarizes the proposed revisions as now recommended by the ED&P Committee. The plan is scheduled for action at the June 23 Council Business Meeting.


Agenda Item #11: Charlotte Regional Partnership Film Commission Funding
Resources:
       Brad Richardson, 704-336-3857,
brichardson@ci.charlotte.nc.us
       Ruffin Hall, 704-336-3403,
rlhall@ci.charlotte.nc.us

On Council's agenda for Monday night is an item to consider increasing the contract with the Charlotte Regional Partnership (CRP) by $25,000 to support film recruitment activities. Two attachments related to this action – CRP Financial Partner Summary from March 5, 2008 Budget Retreat and Film Commission Objectives and Measures – were inadvertently omitted from your Council Meeting Agenda. The two attachments should be inserted into your Council Meeting Agenda, Attachment Five.


Agenda Item #21 – Closed Session - PULLED
Resource:
       Julie Burch, (704) 336-3187,
jburch@ci.charlotte.nc.us

This item is being pulled from the agenda by the City Attorney's Office because more time is needed to prepare the matter for Council consideration.


Agenda Item #23K - Dump Truck Cab & Chassis/Body and Loader
Resource:
       Mehl Renner, 704-336-5667 –
mrenner@ci.charlotte.nc.us

Below is additional information on this Agenda item including the vendor name, type of equipment and unit price. The following 'Summary of Bids' provides this information:

Item #1 - Dump Truck Cab & Chassis/ Rush International Truck Center
     Low Bid Amount: $59,824.92
Item #2 - Dump Truck Body/ Volvo & GMC Truck Center
     Low Bid Amount $14,810.00
Item #3 - Loader/ James River Equipment
     Low Bid Amount $145,785.00


Agenda Item #34 - Road Construction and Closures at Rail Crossings
Contact:
         Mike Davis, 704-336-3938,
madavis@ci.charlotte.nc.us

Attached are the two documents associated with Agenda Item #34: a proposed amendment to the Infrastructure Reimbursement Agreement with Fiber Mills, LLC; and a four-party agreement between the City, NCDOT, CSX, and Norfolk Southern. The required resolution is included in Attachment 3 of the Council Agenda.

Four-Party Agreement  On August 27, 2007, the City Council authorized the CDOT KBE to execute a three-party agreement between NCDOT, the City, and Fiber Mills, LLC. The three-party agreement contemplates the closing of three streets at existing at-grade railroad crossings upon completion of Seaboard Street. The four-party agreement provides additional details for the proposed closures and for the associated reimbursements from NCDOT, CSX, and Norfolk Southern.

Infrastructure Agreement Amendment  On June 26, 2006, the City Council approved an Infrastructure Reimbursement Agreement (Synthetic Tax Increment Financing) with ARK Management, Inc. for the reimbursement of up to $1,700,000 (net present value) for public street infrastructure, including a realignment and extension of Seaboard Street. Subsequently, ARK Management, Inc. assigned the Infrastructure Reimbursement Agreement to a related company, Fiber Mills, LLC, which has begun construction of the Seaboard Street extension. The proposed amendment to the agreement allows that the funds described in the four-party agreement be used to recover the City's costs for installation of a new traffic signal at Seaboard and Graham Street and for staff costs, and that the remainder be used to reimburse Fiber Mills, LLC for a portion of costs incurred in constructing the Seaboard Street Extension. The amendment provides that the maximum TIF reimbursement amount (i.e., $1,700,000 net present value) will be reduced by the amount paid to Fiber Mills,

LLC from the four-party agreement proceeds.


Agenda Item #40: Solid Waste Interlocal Agreement with Mecklenburg County
Resource:
         Victoria Garland, 704-336-3410 or
vgarland@ci.charlotte.nc.us

This item recommends Council approval of the 20-year Interlocal Agreement with Mecklenburg County. The Interlocal Agreement originated in 1984 when the City and County consolidated solid waste disposal assets under the control of the County, and stipulated that the City would be responsible for solid waste collection. The last amendment in 1987 established June 30, 2008 as the date of expiration.

The new agreement includes a commitment by the City to implement a single-stream recycling program for residential curbside collection by July 2010. The implementation of the single-stream recycling program will meet a specific target in the Council-adopted FY2009 Strategic Focus Area Plan for the Environment.

The City Council adopted the 10-year Mecklenburg County Solid Waste Management Plan (a component of the Interlocal Agreement) in June 2006. With a goal of reducing residential per capita waste disposal, it also includes an option to implement a single-stream residential recycling program.

Single-stream recycling would result in benefits for both our customers and the City. With single-stream, no separation of materials either by residents or crews is necessary. Residents would receive new, 64 gallon, roll-out containers. One larger container on wheels will be a convenience for the thousands of customers who now use multiple, smaller 16-18 gallon containers. It should also encourage recycling by those customers who currently choose not to participate.

The City will have productivity and operational gains by going automated compared to the inefficiencies of the slower manual process. Other cities' experience with single-stream recycling has shown that it increases the amount of recycled materials, thus diverting materials from the landfill; reduces landfill disposal costs; and increases operational efficiency by collection crews.

The County has committed to indirectly assisting the City's implementation of single-stream recycling by not increasing the City's solid waste disposal tipping fee above its current rate of $26 per ton in FY09. Holding the tipping fee constant will neutralize the impact on the City of a new State-mandated $2 per ton solid waste disposal tax (effective July 1, 2008) and a scheduled 50¢ per ton CPI adjustment. Based on FY08 waste disposal volume, holding the tipping fee flat is expected to generate City savings of $760,000. Beyond FY09, the County will increase the tipping fee based upon a percent of surcharges it pays to the CMS Landfill plus any imposed taxes.

The new agreement also requires the County to make modifications to the Material Recycling Facility (MERF) and they plan to begin making those changes early in 2009 to be ready to receive single-stream materials by July 2010.

In preparation for briefing Council this fall, City staff is working on the proposed operational and budget plan to move to single-stream by the July 2010 date. This will include the costs and schedule for purchasing new recycling containers and new vehicles to accommodate the change. In comparison to the annual cost of the current dual-stream recycling program, after factoring in the $760,000 in landfill disposal savings, the additional annual cost of the single-stream program is estimated to be $250,000. Additional costs would be considered as part of budget deliberations next spring.

 

Information items:
Shopton Road West Condemnation Issue
Resources:
       Ron Kimble, 704-336-4169,
rkimble@ci.charlotte.nc.us
       Layton Lamb, 704-336-5128, llamb@ci.charlotte.nc.us

City Council received a presentation on June 9 regarding the needed right-of-way to construct a public road to replace the private road known as Shopton Road West. The appraisals on the two properties in question were not able to be completed in time for the June 23 Council agenda. Therefore, affected property owners have been contacted to let them know that this item will be scheduled for a future Council agenda.


Media Story About Water Main Repairs
Resource:
         Doug Bean, Charlotte-Mecklenburg Utilities, 704-391-5070

A front-page article in Thursday's Charlotte Observer about this week's water main repairs included two key errors that generated unwarranted public concern about the overall condition of Charlotte-Mecklenburg's water pipe system. Here are the facts:

  • Charlotte-Mecklenburg's water system does not deal with "seven times as many water main breaks per mile as other similar-sized systems." We are gathering more data on this topic, but for now we can already confirm the numbers cited in the story to make this claim were simply not comparable statistics. The number  provided to the reporter by Charlotte-Mecklenburg Utilities includes all water main repairs performed each month. We have confirmed the number provided to the paper by Raleigh includes only emergency water main breaks. An "apples to apples" comparison for the month using May 2008 statistics shows Utilities had a rate of about 0.5 emergency water main breaks per 100 miles, not 7.37 miles as was reported in the paper.

  • Utilities manages an aggressive capital improvement program that is adequately funded to provide the water and sewer infrastructure needed for community growth and reinvestment in our existing system. The Charlotte Observer stated that "historically the city has only been able to fund about a third of its infrastructure requests." This statement did not originate from Charlotte-Mecklenburg Utilities.

2008 Justice Assistance Grant
Resource:
         Darrellyn Kiser; 704-336-7736;
dkiser@cmpd.org

The City has been notified that it will receive $314,211 as its portion of the 2008 Justice Assistance Grant (JAG). This grant program, which replaced the Local Law Enforcement Block Grant, allocates funding to municipalities based upon a formula that factors in violent crime rates. Since the Mecklenburg County Sheriff's Office is responsible for the incarceration of offenders, the City must share a portion of the JAG funding with the County. That portion has been negotiated at 25%, or $78,552. Based upon that agreement, the City will ultimately receive $235,659. The funds must be used for specified law enforcement purposes such as equipment, technology, or overtime and cannot supplant any currently budgeted funds.

CMPD will complete the grant application. Once the grant award is received, Chief Monroe will determine the most appropriate use of the funds and Council will receive a spending plan. The enabling legislation for the JAG Grant requires the governing body to receive this notification of the Police Department's intent to file the grant application.


Public Meeting for Potential Street Closures in the Paw Creek Area at Railroad Crossings on Kenstead Circle and Craig Street
Resource:
         Tim Gibbs, 704-336-3917,
tgibbs@ci.charlotte.nc.us

A public workshop has been scheduled to allow citizen input into the potential closings of Kenstead Circle and Craig Street in the CSX Railroad corridor in the Paw Creek area.

The workshop will be held on Tuesday, June 24 at the Paw Creek Presbyterian Church Gymnasium located at 7400 Mount Holly Road. No formal presentations are planned for the meeting. Citizens may drop in at anytime between 4:30 pm and 7:30 pm to view displays, ask questions and voice their concerns.

In January 2007, the Charlotte Department of Transportation (CDOT) and the North Carolina Department of Transportation (NCDOT) entered into an agreement to improve railroad crossing safety within the City. This agreement called for CDOT, NCDOT and the railroad to define the improvements and installation schedule. For the Paw Creek area, the agreement states that when the planned Fred D. Alexander Blvd. project is complete between Valleydale Road and south of its overpass with Old Mt. Holly Road, both Craig Street and Kenstead Circle would be closed at the railroad. The Fred D. Alexander Blvd. project is anticipated to be complete in 2011.

Subsequently, City staff has been contacted by CSX Railroad officials who are concerned about the safety of motorists and trains at the Kenstead Circle crossing. They requested the City to consider measures to mitigate collision exposure at the crossing prior to the opening of the Fred D. Alexander Blvd. overpass. However, prior to making changes to Kenstead Circle, staff would need to determine what improvements should be made to other area roadways and intersections to accommodate shifting traffic movements.

The Craig Street crossing will be used during construction of the Fred D. Alexander Blvd. overpass. Craig Street will remain open until Fred D. Alexander Blvd. is open to traffic.

Information on other proposed area transportation projects and general railroad safety will also be available at the meeting.  Council will be asked to act on the street closures at a later date.

A map showing the proposed street closing locations is attached.


Sidewalk Retrofit Policy Update
Resource:
         Scott Correll, 704-432-5219 –
scorrell@ci.charlotte.nc.us

CDOT staff have been briefing Council's Transportation Committee regarding the status and key topics associated with the draft Pedestrian Master Plan. One topic of discussion was the Sidewalk Retrofit Policy (adopted in 2005), which is incorporated into the Master Plan. Ms. Judy Bratton, who is a citizen that was involved with the creation of the Policy, has questioned staff's interpretation of the Policy regarding a potential project in her neighborhood. The project is classified as a "Tier 3" and is located on Murrayhill Road.

Based on Ms. Bratton's questions, staff identified two items (see below) for discussion at the June 9 meeting of the Transportation Committee.

The Sidewalk Retrofit Policy outlines the criteria used by staff to prioritize the construction of new sidewalk projects through the CDOT Pedestrian Program. The policy establishes four classifications of Sidewalk Prioritization:

  • Tier 1: Thoroughfares
  • Tier 2: Streets with daily traffic volumes greater than or equal to 3000
  • Tier 3: Streets within ¼ mile of a park or school and with daily traffic volumes between 1000 and 3000
  • Tier 4: Streets with daily traffic volumes less than 3000 (Petition needed)

Item 1: Traffic Count Practices  CDOT's former practice was to conduct a traffic count to determine a potential project's Tier. Staff used the highest traffic count for an entire street regardless of the length of the street. Staff has adjusted the application of its traffic counting procedures to conduct one traffic count per half-mile of the street if the requested project is over a half-mile in length.

Based on the discussion, the Committee concurred with the staff's adjusted application regarding traffic counts.

Item 2: Tier 3  Staff also discussed Tier 3 sidewalk classifications with the Committee. Currently, if 30% or more of the requested street is located within a ¼ mile radius of a school/park property, the street is classified as Tier 3. The most logical pedestrian routes from the street to the school/park are identified (with staff and public input) and included in the project. If the route includes a street with traffic volumes less than 1000 vehicles per day, the lesser volume blocks will be included in the project if they provide a logical connection to the school or park. Based on the discussion, the Committee concurred with staff's application of the Policy in the manner described above.

Staff will use the Committee's discussion to interpret and apply the Sidewalk Retrofit Policy. These policy discussions will help shape our decision on the proposed Murrayhill Road sidewalk project and future Tier 3 projects. A public meeting will be held with the residents of this neighborhood to discuss the proposed sidewalk project later this summer.


LYNX Blue Line & Infrastructure Projects in the South Corridor Survey
Resource:
         Michelle Gutt,
mgutt@ci.charlotte.nc.us or 704-207-9154

The communications team for the LYNX Blue Line & Infrastructure Projects in the South Corridor will be conducting a survey of residents and business owners along the light rail line. This is the same group of constituents that the City communicated with during the construction projects along the South Corridor. The survey will gather information about the communications tactics we used during the construction and will assist us in developing communications plans for future projects. The attached postcard will be sent to 27,000 residents early next week. The postcard will direct respondents to www.charlottefuture.com where a link will take them to the survey. A hard copy will be provided to any respondents who request it. Results will be compiled and shared with staff and council members in early August.


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

Most Senate meetings this week were cancelled as the Senators debated the budget bill. In an effort to end the session as soon as possible, Senate and House conferees are meeting this weekend in an effort to resolve major budget differences and present their results to their respective leaders next week.

Attached is an update of the annexation moratorium progress; Senate rescinding the transfer tax authorization; passage of the Senate's gang funding formula; criminal justice funding; and various other actions impacting Charlotte.