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Council Manager Memo #62 - September 17, 2008

Agenda Notes:
- Agenda Item #33: Soil Erosion and Sedimentation Control Ordinance Revisions
- Agenda Item #36: Storm Drainage Services Contract Amendment
- Agenda Item #51G: Nightingale Storm Water Capital Improvement Project

Information Items:
- Passenger Vehicle for Hire Ordinance Enforcement
- Environmental Excellence Awards - Oct. 2
- 2008 Charlotte-Mecklenburg Festival of Safety - Oct. 4

Attachments:
- Transportation Committee Summary 9-2-08
- Government Affairs Committee Summary 9-8-08
- Soil Erosion/Sedimentation Control Ordinance Changes

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Agenda Notes:
Agenda Item #33: Soil Erosion and Sedimentation Control Ordinance Revisions
Staff Resources:
       John Geer 704-336-4258,
jgeer@ci.charlotte.nc.us
       Steven Gucciardi 704-577-5587,
sgucciardi@ci.charlotte.nc.us

On September 22th, Council will be asked to set a public hearing on October 27th to receive comments on revisions of the Soil Erosion and Sedimentation Control Ordinance.

The amendments to the Soil Erosion and Sedimentation Control Ordinance were triggered primarily due to changes to the State Model ordinance. According to a State mandate, when changes are made to the State Model ordinance, all local programs in North Carolina are required to amend and incorporate those changes into their local Ordinances. Other changes proposed to the Soil Erosion and Sedimentation Control Ordinance are clarifications of existing practices and definitions. Modifications are also made to sequencing of subsections. One clarification in particular deals with construction site monitoring. Any person who maintains the erosion control log book is now required to become certified. Certifications include: Charlotte-Mecklenburg Certified Site Inspector (CMCSI), Certified Professional in Erosion and Sedimentation Control (CPESC) or Professional Engineer in Civil Engineering (P.E). A summary of the changes are attached.

Both Charlotte and Mecklenburg County Erosion Control programs have worked with a stakeholders group for the past year to amend the Soil Erosion and Sedimentation Control Ordinance. Members of the stakeholders group include representatives from the Subdivision Steering Committee and development community, the environmental community, and City and County Staff. Consensus was reached on the changes to the ordinance and the Policies and Procedures manual.

The proposed revisions to the Soil Erosion and Sedimentation Control Ordinance have been approved by the Storm Water Advisory Committee.


Agenda Item #36: Storm Drainage Services Contract Amendment
Staff Resource:
       Jennifer Smith, 704-336-7924 or
jgsmith@ci.charlotte.nc.us

City staff is requesting a contract amendment with HDR Engineering, Inc. to complete a project that they are currently under contract to finish work on a project where the original consultant was terminated and to provide additional funds for use on other storm water planning and design needs. HDR's original contract was approved by City Council on January 24, 2005 for $500,000.

The amendment is for an additional $500,000.

The amendment will cover three areas of work.
       1. Completion of design services on the Cyrus/Douglas Storm Drainage Improvement Project. The amendment amount for $60,000 was anticipated and will complete the consultant services on this project.

        2. Completion of design services on the Nightingale Storm Drainage Improvement Project that were not completed when the original consultant was terminated for unacceptable performance. The project will stay on schedule and the amended contract amount for this work is $140,000, which will complete the consultant services on this project.

        3. Approximately $300,000 is being added to the contract to pay for support of emergency needs in light of recent heavy rains or other unplanned work.


Agenda Item #51G: Nightingale Storm Water Capital Improvement Project Parcel #12
Staff Resource:
        Matthew Gustis, 704-336-6183 or
mgustis@ci.charlotte.nc.us

This property, 8338 Park Vista Circle, is located within the Nightingale Storm Water Capital Improvement Project and is slated for improvements of the existing stream channel along the back of the property and the storm drainage system along the side property line. Improvements are to include relocation of the existing stream channel northeast and approximately 35 feet away from the existing residence, upsizing of the pipe system along the eastern property line, and stabilization of the ditch along the eastern property line. The City is requesting a conservation easement, storm drainage easement, and temporary construction easement for the proposed improvements. Staff have been unable to reach an agreed upon settlement and are requesting that City Council approve the condemnation on the September 22nd Council Agenda.

City representatives have been in communication with the property owner, Mr. Clark, since April 2007 concerning this project. Additionally, staff have attended three on-site meetings with the property owner and have had numerous discussions with the owner related to the proposed improvements.

Mr. Clark is generally concerned about tree replacement and protection on the project. The proposals result in an appropriate tree density (replacing tree for tree) and provides for protection of a large magnolia. He is also concerned about easement widths and stream stabilization procedures, which we have negotiated and re-designed for minimal interference and optimum project performance. Lastly, Mr. Clark does not agree with the compensation amount, which has been verified through the City's standard appraisal process.



Information Items:
Passenger Vehicle for Hire (Ordinance Enforcement) 
Staff Resource:
        Burhan Al-Shaikh, PVH Manager, 704-398-6793 or
bal-shaikh@cmpd.org

On September 15, the Passenger Vehicle for Hire (PVH) Manager, Burhan Al-Shaikh, sent PVH company owners a fourth and final memo regarding enforcement of the PVH ordinances. Specifically, the memo addressed that PVH will begin enforcement of the prearrangement requirement for limousines, limousine sedans and SUVs on September 22. This notice was sent as a courtesy. The "black cars" are staging outside hotels, malls, etc. without a prearranged party to pickup. The companies believe because they have entered into contracts with the businesses, that the prearrangement requirement is satisfied. However, a third party contract does not comply with the City Ordinances. Violators may be fined under the ordinance; additionally a $50 PVH citation may be issued.


Environmental Excellence Awards - October 2
Staff Resource:
        Doug Bean, 704-391-5070 or
dbean@ci.charlotte.nc.us

Council members are reminded to mark their calendars for the 11annual Environmental Excellence in Industry awards event on October 2, 2008 at the Lee S. Dukes Water Treatment Plant in Huntersville. The ceremony is 11:30 am to 1:30 pm at the Dukes plant. A display ad will promote award recipients in The Business Journal in mid-October.

Charlotte-Mecklenburg Utilities and City/County leaders will recognize several dozen industries that helped protect our local waterways during the 2007 year through excellent compliance with their individual sewer discharge permits.

Staff hopes you will join us to help recognize these businesses in our community who have demonstrated a record of environmental stewardship.


2008 Charlotte-Mecklenburg Festival of Safety- October 4
Staff Resources:
        Carrie Lynch, 704-336-5863 or
clynch@ci.charlotte.nc.us
        Kimberly A. McMillan, 704-336-2643 or kmcmillan@ci.charlotte.nc.us

The Charlotte-Mecklenburg Police Department, assisted by several City and County departments, is spearheading the 2008 Charlotte-Mecklenburg Festival of Safety. This is a community-wide event to be hosted at three separate sites on Saturday, October 4, 2008 from 10 a.m. to 2 p.m. Charlotte City Council members are invited to attend the events at the following locations:

  • Arbor Glen Recreation Center and Park (1520 Clanton Road, Charlotte)
  • Jetton Park (19000 Jetton Road, Cornelius)
  • Marion Diehl Recreation Center (2219 Tyvola Road, Charlotte)

The event sites serve as ideal locations for citizens to receive information about City departments and services, and feature a variety of interactive activities, and prizes, for all ages. CMPD hopes the Festival of Safety will develop into an annual event that raises community awareness about health, safety and prevention topics. Local sponsorships have made this event possible.