Calendar Details
Monday, May 26
City Holiday Memorial Day
Tuesday, May 27
3:30 pm - Transportation Committee, Room 280. AGENDA: Charlotte Pedestrian Plan; Connectivity Policy: Initiatives 1 & 2
5:00 pm - Council Dinner, Room 267
6:30 pm - Citizens' Forum, Chamber
7:00 pm - Council Business Meeting, Chamber
Wednesday, May 28
12:00 pm - Lunch and Straw Votes, Room 267. AGENDA was delivered in the packet Wednesday, May 21
5:30 pm - Metropolitan Transit Commission Meeting, Room 267
Agenda Notes:
New Agenda Item #7A - Resolution in Opposition to Coyote Ugly ABC Permits
Staff Resources:
City Attorney Mac McCarley, dmccarley@ci.charlotte.nc.us or 704-336-4112
Deputy Chief David Graham, dgraham@cmpd.org or 704-336-2345
The City Manager has added Item #7A to the agenda for Tuesday night. The Resolution is addressed to the State ABC Commission and expresses opposition to the granting of ABC permits to Coyote Ugly in the proposed location at the corner of Church and Fifth Streets. The clauses in the Resolution attempt to match up the information sent to Council by residents of the Ivey's Building and the citizens associated with First Presbyterian Church with the criteria in State law which the ABC Commission must consider in the permitting decision. Attorneys working on behalf of the Church and Friends of Fourth Ward have been informed that this item has been added to the agenda. Speakers are expected on this item.
Agenda Item #12 Greenway Business Center
Staff Resource:
AC Shull, 704-336-2439 or ashull@ci.charlotte.nc.us
The Council action requested is for the "Greenway Business Center", which was recently renamed by the CMDC Board of Directors to replace the former assumed name of "Belvedere Business Park". The former name was based on the Belvedere Homes public housing, which previously occupied the site until demolished in 2004. Through a naming process, CMDC considered other names, such as "Rozzelles Ferry", based on street location, and "Stewart Creek", based on proximity to the Stewart Greenway. Each of those names involved branding issues, and the CMDC subsequently chose "Greenway Business Center". The rationale for that name is twofold:
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Completion of the adjacent Stewart Creek Greenway is a component of the project and an amenity for future owners.
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"Business Center" was included to reference the CMDC's former project, the "Wilkinson Park Business Center", which brings consistency and connection between the two CMDC projects.
Agenda Item #29 - Workforce Development Board Contract Amendment
Staff Resource:
Brad Richardson, 704-336-3857 or brichardson@ci.charlotte.nc.us
In FY08, the City received $821,984 in additional grants from the federal government's Workforce Investment Act (WIA) to implement workforce development programs in Mecklenburg County. On May 27, City Council will be asked to amend the City's contract with the Charlotte Mecklenburg Workforce Development Board and to appropriate these new funds. Attached is an explanation of how the WDB has spent or plans to spend these new grants.
Agenda Item #42B Jefferson Storm Water Capital Improvement Project Phase II
Staff Resource:
Will Harris, 704-353-1147 or wtharris@ci.charlotte.nc.us
The Jefferson Storm Water Capital Improvement Project includes storm drainage infrastructure and water quality improvements along Swan Run Branch from the floodway south of Providence Road up to Jefferson Drive. Phase II of the project consists of various storm water improvements in the area southwest of Providence Road, including culvert upgrades to address structure, driveway and roadway flooding. The project requires an easement at 4801 Oglukian Road currently owned by Mrs. Kathi Levine. We are continuing dialogue with Mrs. Levine regarding her concerns. Mrs. Levine has signed up to speak at Tuesday's Council Meeting.
Mrs. Levine purchased the property in October 2007 and was not aware of the project specifics at the time of purchase. The project requires a Total Combined Area of 1,315 sq. ft. (.030 ac.) of Storm Drainage Easement, plus Guy wire & Overhead Easement, plus Temporary Construction Easement to perform the work. City staff has not yet been able to reach a negotiated settlement with Mrs. Levine and therefore a condemnation approval is requested.
As part of the negotiations, Mrs. Levine has indicated that she has several concerns with the project. Mrs. Levine's first concern is that there is a small concrete ditch on her property that she wants relocated for future development of the parcel. Relocation of the ditch does not qualify for our assistance and is not part of the project. Therefore, it has been explained that the City would not perform work on this concrete ditch for private development needs. However, we have explained that she could pay for the work to be done as part of the project.
Her second concern is that a power pole is moving closer to her driveway in order to accommodate the new culvert at Oglukian Road. The Oglukian Road culvert improvement is being performed to address roadway flooding and first floor flooding of 4709 Oglukian Road. The power pole will be in the right-of-way, however, she indicates that the guy wire on her property will impact her future plans for her property. The City has worked with the power company who owns the pole and this is the only location that they can utilize due to the curvature of the street. However, we have reduced the planned three guy wires on her property to one and have moved the pole as close to the creek as possible in an attempt to address her concerns.
Mrs. Levine's third concern is that the appraisal performed by the City to determine the condemnation purchase price of $7,475 is not accurate. This compensation amount was established by an independent, certified appraisal as well as an appraisal review. Mrs. Levine is in the process of having the property re-appraised independently.
Mrs. Levine also has some additional concerns regarding her desire for the ditch section along Oglukian Road to be re-graded for better drainage and she has requested phone and cable lines in the back corner of her property to be relocated. Storm Water Services is currently looking into the need for better drainage along the road, however the utility line relocation will not be performed since it is not in our area of work.
Information Items:
Major Victory for Anti-Gang Legislation
Staff Resource:
Boyd Cauble, 704-336-2009 or bcauble@ci.charlotte.nc.us
The North Carolina Senate voted this week 47-0 to approve a version of Council's Anti Gang legislative priority. Attached is a brief description of the actions taken by the Senate to address the gang violence occurring in all areas of North Carolina.
Recent Sign Ordinance Amendments and Charlotte Sports Center
Staff Resources:
DeWitt F. McCarley, 704-336-4112 or dmccarley@ci.charlotte.nc.us
S. Mujeeb Shah-Khan, 704-336-5803 or mshah-khan@ci.charlotte.nc.us
Recently, the Mayor, City Council, and the City Manager received an e-mail from Evan Miller, owner of Charlotte Sports Center, concerning a citation his company received pursuant to Section 10-212 of the City Code (the Sign Ordinance). Attached is a memorandum discussing recent changes to the Sign Ordinance, Charlotte Sports Center's case, and a response to the concerns mentioned in the e-mail.
American Legion Show 'Em We Care Ride Use of City Logo
Staff Resource:
Bob Hagemann, 704-336-2651 or rhagemann@ci.charlotte.nc.us
At the May 5 citizens' forum, Commander Michael Shaffer of The American Legion, Department of North Carolina, District 20, made a presentation that included the display of a banner of support for wounded troops. Among other items displayed on the banner was the Charlotte Crown. Since the Crown is trademark protected and cannot be used without permission, on Council's direction we have been in contact with Mr. Shaffer and anticipate issuing him a license for the limited use of the Crown on three banners to be delivered to military hospitals and related promotional material. Mr. Shaffer appears satisfied with this direction.
Citizen Inquiries/Tree Ordinance
Staff Resource:
Laura Brewer, 704-336-3660, lbrewer@ci.charlotte.nc.us,
Karna called requesting information about tree removal on a commercial property under development at 2424 Mallard Creek Church Road. Her concern was that it was a heavily wooded site, and recently Duke Power had cut many trees down and severely pruned others. Staff explained to Ms. Shantz that for public safety reasons Duke Power, under the authority of the Utilities Commission, has the authority to clear and prune trees that may come in contact with the power lines. They have an easement of 15 feet from the outside line for that purpose. Staff further explained that the development would be required to plant back small maturing trees per the Tree Ordinance.
She also asked about the development of a nearby church at 3722 David Cox Rd. I understand she made a site visit and looked at their approved construction plans with the superintendent of that project.
She has expressed concern with the City's allowance for trees to be removed with respect to development. Staff explained the requirements of the Tree Ordinance, and directed her to where she could find a copy of the Ordinance on the City's webpage. She was also made aware of the proposed revisions to the Tree Ordinance, and opportunities to serve on different commissions including the Planning Commission, and the Tree Advisory Commission. Ms. Shantz also contacted the City Manager's office which provided her with more information about the City's environmental initiatives.
The proposed revisions to the tree ordinance will be presented at the Council's June 2 workshop, along with a City Manager's request to refer them to the Environment Committee for review and recommendation.
Amendment to the Storm Water Pollution Control Ordinance
Staff Resource:
Daryl Hammock, E± 704-336-2167 dhammock@ci.charlotte.nc.us
The Federal Clean Water Act and its supporting programs require cities to establish and implement local programs to prevent surface water pollution. The City's municipal storm water permit (the NPDES Permit), originally issued to Charlotte in 1993, is the principal regulatory driver for Charlotte's local program. Staff is ensuring compliance with this permit, and over time the permit requirements evolve and tighten to reflect regulatory drivers of the State and the USEPA.
One requirement of the permit is to enact a storm water pollution control ordinance. Charlotte established such an ordinance in 1995. The ordinance makes it illegal for businesses and residents to discharge pollutants such as paint, chemicals, runoff from washing operations, concrete, and soil to the storm drainage system or into surface waters. Approximately 350 notices of violation have been issued for discharges such as these since the ordinance was enacted.
Staff has identified areas of the ordinance that need to be strengthened in order to improve its effectiveness and continue to meet regulatory requirements. There are three primary deficiencies in our thirteen year old ordinance that should be addressed:
- An allowance for fines for repeat and willful offenders should be incorporated. Currently, repeat and willful offenders are not able to be fined if they implement corrective action by a specified deadline.
- Potential remedies for violators should be broadened beyond simply issuing fines, which could offer more options for offenders as well as offer better environmental protection. Additional options could include compliance agreements, meeting with the enforcement agency, withholding of approvals, and others.
- Increase the maximum fine from $1000 to $5000. This will make the maximum fine consistent with other environmentally-related Charlotte ordinances such as the Sedimentation and Erosion Control Ordinance and the Post Construction Controls Ordinance. It will also increase the effectiveness of fines as a deterrent to violators. Additionally, it will allow Charlotte to meet regulatory expectations to establish adequate authority to prohibit/deter discharges to surface water.
Failure to implement recommended changes to the ordinance could have several consequences. The State and EPA could fine the City for failing to establish and implement an adequate and effective regulatory mechanism to prevent pollution from entering surface waters. Internal costs could increase in the form of additional investigative and administrative time in tracking down violators who are undeterred by the current enforcement process. Frequent discharges from undeterred violators would make it more difficult to attain surface water quality goals and protect humans and wildlife from pollution.
Public input on these changes was solicited during April through a direct mailing to potentially affected parties. No comments or questions have been received from these parties. Input on the proposed changes was sought on April 17, 2008 from the Storm Water Advisory Committee (SWAC). SWAC unanimously endorsed the revisions to the ordinance. A statutory public hearing will be advertised and placed on Council's June 9 agenda. As there have been no objections to the revisions, the City Council will also be requested to adopt the ordinance revisions on June 9.
