Calendar Details:
Monday, October 27
3:30 pm - Transportation Committee, Room 280. AGENDA: Pedestrian Plan Overview; Effect of Connectivity on Fire Station Service Area & Capital Facilities Planning; Legislative Discussion
5:00 pm - Council Business Meeting
6:30 pm - Citizens' Forum
Thursday, October 30
12:00 pm - Restructuring Government Committee, Room 280. AGENDA: Small Business Opportunity Program; Citizen Boards/Commissions; City Manager's Evaluation Categories; Legislative Discussion
Agenda Notes:
Agenda Item #48: Hawthorne Lane Pedestrian Bridge Air Rights Easement – Pulled
Resource:
Linda Poissant, CDOT, 704-336-2562, lpoissant@ci.charlotte.nc.us
This item has been pulled from the October 27th Council Business Meeting agenda by staff to correct ownership information. The item will be placed on the November 10th agenda.
Information Items:
Re-Use of the Afro-American Cultural Center
Resource:
Curt Walton, City Manager, 704-336-5019, cwalton@ci.charlotte.nc.us
The existing Afro-American Cultural Center (AACC) was acquired by the City in 1979 for $184,000 from Little Rock A.M.E. Zion Church. The AACC is scheduled to vacate its current location on Seventh Street to move to the new Gantt Center on Stonewall Street during the first quarter of 2010. In actions taken in April and October of 2007, City Council directed City staff to explore reuse possibilities of the existing AACC facility with Little Rock A.M.E. Zion Church.
On October 3, 2008, I received the attached letter from Dr. Dwayne A. Walker, Pastor of Little Rock A.M.E. Zion Church, offering to purchase the property for the appraised value of $590,000. The appraisal assumes the historic nature of the church will be preserved and Little Rock agrees to such a preservation.
After Council took the October 2007 action, the issue of reuse of the existing AACC facility by Little Rock A.M.E. Zion Church was referred by City Council to the Housing and Neighborhood Development Committee. This new purchase offer from the church has been scheduled for discussion at the November 19 Housing and Neighborhood Development Committee meeting.
Wallace Farm Update
Resource:
Julie Burch, City Manager's Office, 704-336-3187, jburch@ci.charlotte.nc.us,
Mac McCarley, City Attorney, 704-336-4112, dmccarley@ci.charlotte.nc.us
Council members and City staff continue to receive a number of email complaints about odor coming from Wallace Farm composting operations at 14410 Eastfield Road. Many of the neighbors have called the odors foul or disgusting, and have complained about flies drawn to the odors.
The City's regulatory authority over this matter is primarily limited to zoning and zoning enforcement. All other regulatory authority resides with the State. The facility is located in the City's Extra Territorial Jurisdiction and is part of an area proposed for annexation into the City in July 2009. In 2006, the City's Zoning Board of Adjustment ruled that the composting operation is allowed under the City's zoning laws as a grandfathered, non-conforming use since it has existed since 1956.
The City staff goal in this matter is to assist citizens in the Highland Creek/Skybrook neighborhoods in reducing or eliminating the offensive odor. We will provide the information contained in this Council-Manager Memo to citizens contacting staff about Wallace Farm and provide updates to the Council and concerned citizens as new information becomes available. Staff continues to move forward on two fronts to respond to citizen complaints and concerns: conducting an odor study and analysis, and monitoring the State permitting process.
City Odor Study and Analysis: The City has entered into a contract with the engineering firm of Brown and Caldwell to perform an odor study of Wallace Farm and its impact on nearby neighborhoods. The results of this study will be used in two ways: 1) as City input into the State's review of Wallace Farm's application for renewal of the State solid waste (composting) permit; and 2) possible documentation in support of any notices of violation under the Zoning Ordinance related to odors, which could be issued by City Code Enforcement staff in the future.
Brown and Caldwell began work on September 29, 2008. On September 30, under an administrative inspection warrant, the City's Code Enforcement Division and Brown and Caldwell inspected the Wallace Farm property, including collection of air samples. The warrant was necessary because Wallace Farm would not consent to City and Brown and Caldwell representatives being on the property.
Air samples were taken in neighborhoods adjacent to the Wallace Farm facility. The air samples will be used by Brown and Caldwell to scientifically determine if the odors at the source of the neighborhood's complaints are coming from Wallace Farm composting activities. Under the contract the City has with Brown and Caldwell, they will complete their study within the next 75 days. The estimated completion time for Brown and Caldwell's work is early December. The study report will be available as a public record document. The City Manager's Office will send the report to the NC Division of Waste Management for their review as part of Wallace Farm's permit application. In addition, the City will provide copies of all citizen emails or other correspondence received related to odors and other concerns about the Wallace Farm operation to the State as input into their permit review. It should be noted that a number of these emails are already addressed to State staff involved in the review process.
City Monitoring of State Permitting Processes: For the past year, the City Manager's Office has been tracking the status of State actions related to Wallace Farm's application for renewal of their composting permit. The Wallace Farm facility was originally permitted by the State as a compost facility in July 2000, with an expiration date of 2005. According to State regulations, since Wallace Farm submitted its application for renewal prior to permit expiration, it is allowed to continue to operate during the application process, as long as the process proceeds in a timely manner.
A major component of the State's review of the composting permit application is State Division of Water Quality review of the Wallace Farm storm water discharge permit. The draft storm water permit was the subject of a State public hearing in Charlotte on May 28, 2008. On September 30, 2008, the Director of the Division of Water Quality issued the permit with several conditions, including development of a storm water pollution prevention plan within six months of permit issuance. According to State staff, Wallace Farm has an opportunity to respond to the proposed permit ruling and conditions, but there is no specific deadline in State regulations for doing so.
State Division of Waste Management staff indicated it will hold a public hearing in Charlotte on the draft Wallace Farm composting permit once it is ready. At this time, there is no timetable for when that hearing will be held.
City staff understands from County Solid Waste staff that the State Division of Waste Management issued a Notice of Violation to Wallace Farm in the last few weeks for an odor violation under the current (expired) State composting permit. We are seeking to obtain a copy of the notice and information about the process and timetable under which it could be appealed by Wallace Farm if they choose to do so.
Feasibility of Green Roof Installation on CMGC Lower Roof and Other Facilities
Resource:
Sue Rutledge, E&PM, 704-336-4120, srutledge@ci.charlotte.nc.us
In August 2008, staff was asked to reassess the feasibility of installing a green roof at the Charlotte Mecklenburg Government Center (CMGC). In 2003, staff assessed various City facilities, including CMGC, to identify a test site for green roof technology. Discovery Place was chosen for the City's first green roof installation because the facility had the required structural capacity and the existing roof was at the end of its useful life.
The CMGC option has been reassessed, and staff expanded the analysis to include additional City-owned facilities. Staff is recommending against consideration of a green roof installation at the CMGC at this time because the existing roof is in very good condition and warranted through 2022. If future funding allows, however, the Charlotte Mecklenburg Police Department Headquarters (LEC) could be a good candidate for installation of a green roof. The current LEC roof is at the end of its warranted and useful life and already scheduled for replacement in 2009-10.
Potential benefits anticipated from a green roof include:
- Reduction of urban heat island effect
- Reduction of storm water run-off
- Reduction of heat absorbed by the roof system, lowering internal roof temperature and potentially reducing energy use and related carbon emissions
- Extension of the roof service life (experts say a green roof can last approximately twice as long as a conventional roof due to the elimination of excessive temperature swings and exposure to ultraviolet light)
- Reduction of interior sound levels
- Creation of natural animal habitat in the center city area
The complete analysis is attached.
