CITY COUNCIL MEETING Monday, August 23, 1999 5:00 p.m. Conference Center Dinner Briefing (See Table of Contents) 6:30 p.m. Meeting Chamber  Invocation  Pledge of Allegiance  Citizens Forum 7:00 p.m.  Awards and Recognitions  Formal Business Meeting 1999 Council Retreat Priorities Top Priorities for 1999 Transportation Plan Policing Evaluation and Direction State Roads Action: Increased Funding Transit Plan and 1/2› Sales Tax: Implementation West Side Strategic Plan Implementation High Priorities for 1999 Corridor Plan Planning for the City: The Economic Development and the Center City Plan Court System: Expansion Business Retention Strategy and Action Plan Community Strategic Plan for Housing Neighborhood/Business Revitalization Strategy Eastside Strategic Plan CITY COUNCIL AGENDA Monday, August 23, 1999 TABLE OF CONTENTS Item No. Page No. Attachment No. 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. 2010 Center City Plan Update 1 2. Disposition of the Old Convention 1 1 3. Proposed Children's Services Building 1 2 4. New Federal DOT Regulations: Disadvantaged 1 3 Business Enterprise 5. General Airport Revenue Bonds Financing 2 4 6. Committee Reports by Exception 2 6:30 P.M. CITIZENS FORUM MEETING CHAMBER 7:00 P.M. AWARDS AND RECOGNITIONS MEETING CHAMBER CONSENT 7. Consent Items 2 PUBLIC HEARING 8. Public Hearing to Close a Portion 3 5 of Bannington Road POLICY 9. City Manager's Report 5 10. Sexually Oriented Businesses Ordinance 5 6 11. Metropolitan Transit Commission Request 7 7 to Expand and Transition the City's Transit Services Advisory Committee BUSINESS 12. General Airport Revenue Bonds 9 13. Council Retreat Dates 10 14. Nominations to Boards and Commissions 11 8-10 15. Appointments to Boards and Commissions 12 11-14 16. Fill At Large Council Vacancy 13 15 17. Closed Session 14 CONSENT I 18. Various Bids A. Water and Sewer Main Construction - 15 FY99 Contract #4 - Street Main Extensions B. Water and Sewer Main Construction - 16 FY99 Contract #6 - Street Main Extensions C. Water and Sewer Main Construction- 16 FY00 Contract #7 - Street Main Extensions D. Plasma Mass Spectrometer 16 E. Concrete Water Meter Boxes 17 F. Irwin Creek Flow Equalization 17 Facilities G. McAlpine Creek Wastewater Management 18 Facility - Chlorine Contract Lagoon Modifications H. Central City Sidewalk Repair Contract #2 18 I. Providence Road/Sharon Lane/Sharon 18 Amity Road Intersection Improvements J. Discovery Place Dining Area Expansion 19 K. Hidden Valley Neighborhood 19 Improvements, Package #2 19. Refund of Certain Taxes 20 16 20. Resolution of Intent to Abandon Street and 20 17 Set Public Hearing - A Portion of Kirkwood Avenue 21. Resolution of Intent to Abandon Street and 20 18 Set Public Hearing - A Portion of Columbine Circle CONSENT II 22. Corporate Aviation Hangar Lease and 21 Construction 23. Water and Sewer Revenue Bonds 22 24. Amendment to the Interlocal Agreement between 24 the City of Charlotte and Mecklenburg County for Data Center Services 25. Amendment to Contract with CACI, Inc. for 25 Year 2000 Computer Systems Modifications 26. Contract for New Fire Station Alerting System 27 27. Water and Sewer Main Design - Professional 27 Services Contract 28. Amendment to the Agreement with Huntersville 28 Land Company for the Development of a Sanitary Sewer Collection and Treatment System 29. South Boulevard and Hebron Street Sidewalk 29 19 30. Plaza Midwood Neighborhood Improvements, 30 20 Phases IB, IC, and II 31. Municipal Agreement - Installation of Drainage 30 Pipe and Structures on South Boulevard near Inwood Drive 32. Municipal Agreement to Add Left Turn Lanes 31 on South Tryon Street at West Boulevard 33. Contract for Public Safety Dress and Work 32 Uniforms 34. Property Transactions 34 35. Meeting Minutes 38 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. 2010 Center City Plan Update Resource: Richard Heapes Time: 15 minutes 2. Disposition of the Old Convention Center Staff: Tom Flynn Time: 25 minutes Attachment 1 3. Proposed Children's Services Building Resources: Peggy Eagan, Relatives Tom Flynn Time: 20 minutes Attachment 2 4. New Federal DOT Regulations: Disadvantaged Business Enterprise Staff: Jerry Orr Bob Hagemann Time: 20 minutes Attachment 3 5. General Airport Revenue Bonds Financing Staff: Jerry Orr Richard Martin Time: 10 minutes Attachment 4 6. Committee Reports by Exception Public Safety Committee: Sexually Oriented Businesses Ordinance 6:30 P.M. CITIZENS FORUM 7:00 P.M. AWARDS AND RECOGNITIONS MEETING CHAMBER CONSENT 7. Consent agenda items 18 through 35 may be considered in one motion except those items removed by a Councilmember. Items are removed by notifying the City Clerk before the meeting. Staff Resource: Vi Alexander Lyles PUBLIC HEARING 8. Public Hearing to Close a Portion of Bannington Road Action: A. Conduct a public hearing to abandon a portion of Bannington Road; and B. Adopt the resolution to close. Staff Resource: Scott Putnam Policy: To abandon right-of-way that is no longer needed for public use. Explanation: North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. The Charlotte Department of Transportation has received a petition to abandon public right-of-way request and requests this action in accordance with the statute. Petitioner: Fairfield Financial/Carmel Valley II, LLC Right-Of-Way to be abandoned: A portion of Bannington Road Location: The northern portion of the cul-de-sac Reason: This action eliminates the existing cul-de-sac and extends Bannington Road to Carmel Commons Boulevard. Subdivision plans have been approved by the City and the residual right-of-way will be incorporated into adjacent property owned by the petitioner. Notification: In accordance with City Policy, the Charlotte Department of Transportation (CDOT) has sent abandonment petitions to adjoining property owners, neighborhood associations, private utility companies and City Departments for review. Adjoining property owners - No objection Neighborhood Associations - No objection ? Carmel Chase HOA, Inc. ? Carmel Station Garden Club ? Sturnbridge HOA ? Carmel Forest Association ? Shadowlake Neighborhood Assoc. Private Utility Companies - No objection Review by City Departments has identified no apparent reason this closing would: 1. Be contrary to the public interest; or 2. Deprive any individual(s) owning property in the vicinity reasonable ingress/egress to his property as outlined in the statutes. Attachment 5 Map POLICY 9. City Manger's Report 10. Sexually Oriented Businesses Ordinance Action: Adopt an Ordinance Amending Chapter 6 of the Charlotte City Code Entitled "Businesses and Trades" to add a new Article X., "Sexually Oriented Businesses". Committee Chair: Don Reid Staff Resource: Mac McCarley Focus Area: Public Safety Explanation:  In response to a Council request last fall, the City Attorney convened a Sexually Oriented Businesses Task Force to identify public safety and community problems related to sexually oriented businesses and to develop recommended solutions to those problems. The Task Force included representatives from the City Attorney's Office, the Police Department, the District Attorney's Office, the Planning Commission Staff, the Zoning Administrator's Office, the ABC Law Enforcement agency, and the County Attorney.  The Task Force identified four major problems: 1. "VIP" rooms in adult live entertainment businesses present opportunities for illegal conduct (i.e. indecent exposure and prostitution) that is difficult for law enforcement to detect. 2. The configuration and operation of peep booth businesses affords opportunities for illegal conduct and conduct that poses public health risks to occur. 3. "Lingerie modeling" and similar businesses are not legitimate businesses but instead are fronts for prostitution and other illegal conduct. 4. It is often difficult to identify and hold the proper persons responsible for the illegal operation and conduct of sexually oriented businesses.  In response to these problems, the proposed ordinance would: 1. Establish comprehensive sexually oriented businesses licensing and inspection requirements, including provisions for the suspension and revocation of licenses when warranted. 2. Eliminate VIP rooms in adult live entertainment businesses and require that all adult live entertainment occur in the presence of more than one patron and at least one employee other than the entertainer and in areas that are easily observable by law enforcement. 3. Require "open booths" in peep show businesses so that the conduct of patrons in peep show booths is observable by other patrons, management, and law enforcement. 4. Regulate the operation of "clothing modeling" and the conduct of models so that such businesses cannot be used as a front for prostitution and other illegal activity. 5. Prohibit the employment or presence of minors under the age of eighteen at sexually oriented businesses. Committee Discussion:  Council's Public Safety Committee met three times to consider the proposed ordinance. Revisions to the ordinance were made to address Committee members' concerns and in response to comments received from the industry.  On August 11, the Committee voted 3-0 (Reid, Cannon and Majeed) to recommend that Council adopt the ordinance. Councilmembers Sellers and Wheeler were absent from the August meeting but did participate in the discussion and consideration of the ordinance at earlier committee meetings. Attachment 6 11. Metropolitan Transit Commission Request to Expand and Transition the City's Transit Services Advisory Committee Action: Approve the Metropolitan Transit Commission's recommendation to expand and transition the City's Transit Services Advisory Committee. Committee Chair: Sara Spencer Staff Resource: Bill Carstarphen Interim Chief Transit Official Focus Area: Transportation Explanation:  Recognizing that the City of Charlotte's existing Transit Services Advisory Committee has a wealth of experience and expertise in dealing with transit operational issues, the MTC recommends using an expanded version of this group to advise on operational issues.  The MTC proposes to expand the Committee by adding seven additional members, one appointed by the County and each Town, to the seven members appointed by the City. At some point in the future, the MTC will recommend a permanent reorganization of the Committee with a more equitable allocation of the appointments.  The MTC is asking the City Council to approve the expansion and transition of the Committee since it is an existing City Committee.  At its July 28, 1999 meeting, the Metropolitan Transit Commission approved the attached recommendations for citizen input opportunities on transit matters. The approved recommendations provide for the organization, role and responsibilities of the Citizens Transit Advisory Group (CTAG) that is established by the transit interlocal agreement, as well as Corridor Committees and the Transit Services Advisory Committee. The MTC also specified the relationship of these citizen groups to the MTC.  Upon expansion, appointments would be as follows: City Council 5 Mayor 2 Towns 6 County 1 Total 14  The current Transit Services Advisory Committee consists of the following members: Council Appointees: - James E. Blank - Stephany Dickey - Linette P. Fox - Mark C. Loflin (Chair) - Theodore G. White III Mayor Appointees: - Mary L. Klattenhoff - Walter Stone Attachment 7 BUSINESS 12. General Airport Revenue Bonds Financing Action: Approve a resolution authorizing the issuance of up to $200,000,000 in General Airport Revenue Bonds for the purpose of funding projects approved in the Airport Master Plan. Staff Resources: Richard Martin and Jerry Orr Focus Group: Economic Development Explanation:  Capital projects at the Airport are funded by a combination of long term debt (General Airport Revenue Bonds) and federal/state grants. The Airport has issued no new debt since 1988 and currently has $196 million in outstanding debt.  The General Airport Revenue Bonds will fund: - $80,000,000: Acquisition of 1,400 acres of land approved by Council on April 28, 1997 in the 1997 Master Plan. ($20,000,000 will be long term/permanent financing and $60,000,000 will be short term bonds to be repaid from the proceeds of future FAA grants.) - $30,000,000: Construction of a US Airways Club, additional concession space in the terminal, the Part 150 Program, and reimburse several airfield projects previously completed. - $65,000,000: Construction of a three-gate expansion to the A-Concourse, seven-gate expansion of the D-Concourse (including 2 new international gates), expansion of the international arrivals area, and construction of a new E-Concourse to include 21 commuter aircraft gates. - Council will consider the exact amount of this financing at a future date. The difference of $25 million between the resolution and the total for the listed projects is necessary for issuance expense and provides some flexibility in planning.  The resolution provides the following: - Authorization to submit an application to the Local Government Commission for approval of Airport Revenue Bonds, Series 1999, and certain related matters - Authorization for officials of the Finance Key Business Unit to file the application - Appointment of the financing team and trustee - Authorization for City officials to take necessary steps to complete the bond sale - Authorization to publish notice of a Public Hearing  The next step will be for Council to approve the actual bond order sometime before November.  The Airport Advisory Committee recommends this action. 13. Council Retreat Dates Action: Approve the dates for the December 1999 and February 2000 Mayor and Council Retreats. Explanation:  The Mayor and Council traditionally hold a one day priority setting retreat in December of each year, and a three day strategic planning retreat in January or February.  This action puts the following dates on Council's official calendar and allows staff to make retreat arrangements. - December 10, 1999 - One day retreat (in town) - February 10-12, 2000 - Annual retreat (location to be determined) 14. Nominations to Boards and Commissions A. MAYOR'S INTERNATIONAL CABINET Make nominations for two positions to fill unexpired terms. One will replace Verna Lo who has moved out of town, and whose term expires February 2001. The other will replace Paulette Beatty who has missed three consecutive meetings and whose term expires February 2002. Attachment 8 B. WEST CHARLOTE BUSINESS INCUBATOR, INC. (WCBI) Nominate a citizen to fill one position for two years to provide management oversight and control of the WCBI operations. Attachment 9 C. CITIZENS TRANSIT ADVISORY GROUP When Council made its CTAG nominations in April, the MTC had not fully developed the role and responsibilities of that committee. Now that the role and responsibilities have been defined, Council may wish to re-open nominations. Two individuals will be appointed to a two-year term (ending June 2001). On April 12, Council made the following nominations. 1. Peter Ackling, nominated by Councilmembers Cannon & Wheeler 2. Dean Bartlett, nominated by Councilmember Autrey 3. Robert Bischoff, nominated by Councilmember Rousso 4. John F. "Pete" Bleynat, nominated by Councilmember Cannon 5. Mike Castano, nominated by Councilmember Reid 6. Mark Cramer, nominated by Councilmember Autrey 7. John Greer, nominated by Councilmember Baker 8. Clay Grubb, nominated by Councilmember Jackson 9. Rich Hood, nominated by Councilmember Jackson 10. Mark Loflin, nominated by Councilmember Spencer 11. Jerry Reese, nominated by Councilmember Rousso 12. John "Whit" Wilkes, nominated by Councilmember Spencer Attachment 10 15. Appointments to Boards and Commissions Action: Vote on the blue paper ballots and give to the City Clerk at dinner so she may announce the results at this point in the meeting. A. AIRPORT ADVISORY COMMITTEE One three year term beginning August 1999. Bill Covington is not eligible to be reappointed. 1. Linda Ashendorf by Councilmember Spencer 2. Frank Gilreath by Councilmembers Cannon & Reid Attachment 11 B. CITIZENS OVERSIGHT COMMITTEE FOR CABLE TELEVISION Two appointments beginning immediately to fill unexpired terms ending March 2000. Paul Parker and Sandra Staton have resigned 1. Curtis McLeod by Councilmember Cannon 2. Alexander Petok by Councilmember Reid Attachment 12 C. CLEAN CITY COMMITTEE Nominate and appoint one citizen to fill a position beginning immediately and ending June 2000. Marty Campbell has resigned. Attachment 13 D. COMMUNITY RELATIONS COMMITTEE One position beginning immediately and ending July 2001. Padam Dhakad has resigned. 1. Josh Hawn by Councilmember Jackson 2. Louise Shackleford by Councilmember Cannon Attachment 14 16. Fill At-Large Council Vacancy Action: Appoint a qualified individual to fill the At-Large Council vacancy created by the resignation of former Councilmember Al Rousso. Explanation:  State law provides that a vacancy that occurs in an elective office shall be filled by appointment by the City Council. The appointed successor will serve the remainder of the term.  Required criteria under State law: - be a registered voter - 21 years of age or older - not a disqualified felon - same party as resigning member (registered Democrat to replace Al Rousso)  On July 19, 1999 the Council adopted a schedule for filling this vacancy. Applications were accepted from June 29 to July 26, and on July 26 candidates were allowed to make three-minute presentations to the City Council. The schedule calls for a Council vote to fill the vacancy at the August 23 meeting. Attachment 15 Applications received by the City Clerk 17. Closed Session Action: Adopt a motion to hold a Closed Session pursuant to N.C.G.S.  143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee. Introduction to CONSENT The consent portion of the agenda is divided into two sections: Consent I and Consent II. Consent I consists of routine items that have been approved in the budget, are low bid, and have met MWBD criteria. Consent II consists of routine items that have also been approved in the budget, but may require additional explanation. Minority and Women Business Development Program (MWBD) Abbreviations: BBE - African American ABE - Asian American NBE - Native American HBE - Hispanic WBE - Non-Minority Women Contractors and Consultants All contractors and consultants selections follow the Council approved process unless explained otherwise. CONSENT 18. Various Bids A. Water and Sewer Main Construction - CMU FY99 Contract #4 - Street Main Extensions Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $800,396.20 by McDaniel Construction Contractors, Inc. of Bostic, North Carolina. This project provides water and sewer mains and related devices at various locations throughout Mecklenburg County. MWBD Status: Amount % of Project Project Goals WBE $800,396.20 100% 6% MWBD Compliance: Yes. McDaniel is a certified WBE and can self-perform. B. Water and Sewer Main Construction - CMU FY99 Contract #6 - Street Main Extensions Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $906,886.20 by McDaniel Construction Contractors, Inc. of Bostic, North Carolina. This project provides water and sewer mains and related devices at various locations throughout Mecklenburg County. MWBD Status: Amount % of Project Project Goals WBE $906,886.20 100% 6% MWBD Compliance: Yes. McDaniel is a certified WBE and can self-perform. C. Water and Sewer Main Construction - CMU FY00 Contract #7 - Street Main Extensions Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $782,914.70 by R. H. Price, Inc. of Charlotte, North Carolina. This project provides water and sewer mains and related devices at various locations throughout Mecklenburg County. MWBD Status: Amount % of Project Project Goals BBE $1,000.00 .13% 5% HBE $0.00 0% 2% ABE $0.00 0% 2% NBE $1,000.00 .13% 2% WBE $780,914.70 99.74% 6% MWBD Compliance: Yes. R. H. Price is a certified WBE and has made a good faith effort. D. Plasma Mass Spectrometer CMU Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $138,200 by Spectro Analytical, Inc. of Fitchburg, MA. A plasma mass spectrometer analyzes trace metals in a wide range of environmental samples and sample types, including water and soils. MWBD Status: Amount % of Project Project Goals BBE $0 0% 0% WBE $0 0% 0% MWBD Compliance: Yes. Spectro will self-perform. E. Concrete Water Meter Boxes CMU Recommendation: The Charlotte-Mecklenburg Utility Director recommends a unit price contract for concrete water meter boxes to OldCastle Precast, Inc. of Concord, North Carolina. Purchases are anticipated subject to appropriations by City Council and identified needs. The total estimated FY2000 expenditures for the meter boxes is $131,891. The contract is for one year with an option to renew for two extensions of one year each. MWBD Compliance: Yes. One bid was received from a WBE firm. F. Irwin Creek Flow Equalization Facilities CMU Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low combined multi-prime bids of $10,112,880 be accepted. This contract includes all work necessary to construct a 35 million gallon, two-cell storage basin, an 85 mgd equalization pump station, a grit settling chamber, various underground meter and valve vaults, diversion structures, piping, electrical, instrumentation, paving, and associated work. General Pizzagalli Construction Company of South Burlington, Vermont for the bid amount of $8,288,410 Electrical Robertson Controls, Inc. of Shelby, North Carolina for the bid amount of $1,824,470 MWBD Status: General - Pizzagalli Construction MWBD Status: Amount % of Project Project Goals BBE $46,000 1% 5% WBE $390,000 5% 5% MWBD Compliance: Yes. Pizzagalli met the good faith effort requirements. MWBD Status: Electrical - Robertson Controls MWBD Status Amount % of Project Project Goals HBE $300,000 16% 1% MWBD Compliance: Yes. Robertson met the good faith effort requirements. G. McAlpine Creek Wastewater Management CMU Facility - Chlorine Contract Lagoon Modifications Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low single prime bid of $7,455,559.44 by State Utility Contractor, Inc. of Monroe, North Carolina. This contract includes all work necessary to construct a chlorine contact basin in the existing chlorine contact lagoon and convert the remaining portion of the lagoon to a cell for a flow equalization facility, piping, electrical, instrumentation, paving, and associated work. MWBD Status: Single Prime - State Utility Contractor, Inc. MWBD Status: Amount % of Project Project Goals BBE $24,000 .32% 5% HBE $29,800 .4% 1% ABE $0 0% 1% NBE $0 0% 1% WBE $126,500 1.7% 5% MWBD Complaince: Yes. State Utility Contractor, Inc. met the good faith effort requirements. H. Central City Sidewalk Repair Contract 2 E&PM Recommendation: The City Engineer recommends the low bid of $406,130.40 by Sealand Contractors Corporation of Charlotte, North Carolina. This is the second of two projects that will help correct pedestrian trip hazards within the Central Business District. The work consists of repairs to existing sidewalk, related infrastructure repairs, and the addition of wheel chair ramps. MWBD Status: Amount % of Project Project Goals BBE $15,625.00 4% 4% WBE $0 0% 5% MWBD Compliance: Yes. Sealand Contractors Corporation met the good faith effort requirements. I. Providence Road/Sharon Road/Sharon Amity E&PM Road Intersection Improvements Recommendation: The City Engineer recommends the low bid of $1,205,288.70 by Sealand Contractors of Charlotte, North Carolina. This project is a major intersection improvement. Proposed improvements include new sidewalk on Providence Road and additional turn lanes on Sharon Amity and Sharon Lane. MWBD Status: Amount % of Project Project Goals BBE $54,790 5% 5% WBE $54,790 5% 5% HBE $0 0% 1% MWBD Compliance: Yes. Sealand Contractors, Inc. met the good faith effort requirements. J. Discovery Place Dining Area Expansion E&PM Recommendation: The City Engineer recommends the low bid of $422,797.20 by Gulf Construction of Charlotte, North Carolina. This project will provide for the enclosure of an existing roof top terrace that is currently used as a lunch area during fair weather for visiting school students. The enclosure will provide year round use for dining. An elevator will be constructed to provide access to this area in addition to the existing stairway access. MWBD Status: Amount % of Project Project Goals BBE $35,000 9% 5% WBE $33,000 8% 5% NBE $0 0% 1% MWBD Compliance: Yes. K. Hidden Valley Neighborhood Improvements, E&PM Package #2 Recommendation: The City Engineer recommends the low bid of $401,785.28 by United Construction Co. of Charlotte, North Carolina. This project is part of the Neighborhood Improvement Program and will replace deteriorated infrastructure and construct new infrastructure where none exists in the Hidden Valley Neighborhood. The project boundaries are West Sugar Creek Rd., North Tryon St., and Interstate 85. The work includes traffic control, grading, drainage, concrete curb and gutter, driveways, sidewalks and handicap ramps, utility relocations and adjustments, and asphalt paving. MWBD Status: Amount % of Project Project Goals WBE $0 0% 4% BBE $0 0% 4% HBE $0 0% 1% ABE $401,785.00 100% 0% MWBD Compliance: Yes. United Construction Company is an ABE and will self-perform. 19. Refund of Certain Taxes Action: A. Approve adoption of a resolution authorizing the refund of certain taxes assessed through clerical or assessor error in the amount of $19,141.18; and B. Adopt a resolution authorizing the refund of business privilege license payments made in error in the amount of $6,788.72. Attachment 16 List of Refunds 20. Resolution of Intent to Abandon Street and Set Public Hearing - A Portion of Kirkwood Avenue Action: A. Adopt the Resolution of Intent to abandon a portion of Kirkwood Avenue; and B. Set a Public Hearing for September 27, 1999. Attachment 17 Map 21. Resolution of Intent to Abandon Street and Set Public Hearing - A Portion of Columbine Circle Action: A. Adopt the Resolution of Intent to abandon a portion of Columbine Circle; and B. Set a Public Hearing for September 27, 1999. Attachment 18 Map CONSENT II 22. Corporate Aviation Hangar Lease and Construction Action: A. Approve a 20-year agreement with National Gypsum Corporation for corporate aviation facilities; and B. Approve a $905,886 budget ordinance to provided funding; and C. Award a construction contract to low bidder Edison Foard, Inc. of Charlotte in the amount of $767,700 to construct the corporate aviation facilities. Explanation:  National Gypsum Corporation has requested that the Airport construct and lease corporate aviation hangar facilities at the Airport in order to meet their corporation aviation needs.  Signature Flight Support, the Airport's fixed base operator, has agreed to sublease 20,000 square feet of their ramp area to National Gypsum Corporation who would then, in turn, enter into an agreement with the Airport for construction of a 14,300 square foot aircraft storage hangar.  Under the terms of this agreement, the project costs estimated at $950,000 will be amortized over 20 years. Until the expiration of Signature's lease in 2004, National Gypsum Corporation will sublease the land from Signature and the City will finance and construct the hangar. National Gypsum Corporation will pay Signature for ground rent and the City for building rent. After 2004 and for the duration of the 20-year agreement, National Gypsum Corporation will make all payments to the Airport. The terms of this agreement are consistent with other corporate aviation facilities located at the Airport.  The Airport Advisory Committee recommends this contract. DBE Status: Amount %of Project Project Goals NBE $59,905 7.80% WBE $1,200 0.15% DBE Total $61,105 7.95% 18 % Funding: Funding will be provided by the Aviation Department. Construction Contract $767,700 Owner's Costs (18%) $138,186 includes A&E, testing, project management, capitalized interest during construction Total Budget Ordinance $905,886 23. Water and Sewer Revenue Bonds Action: A. Adopt the bond order that provides for the sale of up to $77,500,000 Water and Sewer revenue bonds. These bonds will provide funds to continue the City's approved Capital Investment Plan; and B. Adopt a resolution authorizing the approval, execution, and delivery of various documents in connection with the sale of Water and Sewer Revenue Bonds, Series 1999. Explanation:  The current (2000-04) and prior Water and Sewer Capital Investment Plan includes funding from revenue bonds.  On July 19, 1999 Council approved a resolution authorizing staff to take the necessary steps to complete the bond sale.  The bond order and bond resolution are legal documents that Council is required to approve before the City can sell bonds. The adoption of the bond order resolution accomplishes the following: - Authorizes the sale of the bonds and establishes the amount, date and purpose of the issue. - Establishes the form of the bonds and directs the manner of execution of the bonds. - Ratifies actions taken by the Local Government Commission on behalf of the City relative to the sale of the bonds. - Ratifies the Official Statement relative to the sale of the bonds.  Projects to be funded include the following: Project Amount Street and Minor Sewer Main Extensions $15,000,000 Mallard Creek Wastewater Treatment Plant Expansion $15,000,000 Sewer Trunks to Serve 1997 Annexation Areas $12,895,000 Rocky River Outfall $10,000,000 Sewer Line Rehabilitation/ Replacement $3,000,000 Sugar Creek Odor Control Project $3,000,000 Irwin Creek Pumping and Flow Equalization $2,271,750 Matthews Sewer Expansion $2,000,000 Irwin Creek Relief Sewer $1,845,445 Clarkes Creek Outfall $1,737,805 Sludge Storage McDowell / Irwin / McAlpine Wastewater Treatment Plants $1,500,000 Safety Upgrades for OSHA Compliance $750,000 Funding: Water and Sewer Capital Investment Plan 24. Amendment to the Interlocal Agreement between the City of Charlotte and Mecklenburg County for Data Center Services Action: Approve an amendment to the Interlocal Agreement between the City of Charlotte and Mecklenburg County for the provision of Data Center services. The agreement is for two years with the option to renew for three additional one year terms. The total cost of the contract is not to exceed $978,838. Explanation:  As a part of the FY99 Business Support Services Competition Plan, the Information Technology Division issued Requests for Proposals on February 9, 1999 to provide data center services to the City. These services are currently provided by Mecklenburg County under an Interlocal Agreement.  Requests were sent to 28 vendors with two responding, Mecklenburg County Information Services and Technology Department and Interactive Systems, Inc. of Alexandria, Virginia. The proposals presented unit prices based on estimated volumes with costs not to exceed $978,838 for Mecklenburg County and $1,100,000 for Interactive Systems, Inc.  The responses were evaluated based on the following criteria: 1. Proposed solution (45%) Provides solutions to the mainframe, client server, and connectivity applications; operations, management, and staffing plans; service level proposals; security issues, costing information and a transition plan 2. Experience (25%) Financial strength; business partners; commercial and governmental references 3. Cost (30%) Normalized monthly rate by category; prices on options such as disaster recovery, bill printing and mail certification, communication links, and check printing  The vendor with the highest number of points was Mecklenburg County. In addition, Interactive Systems received fewer points and was non-responsive to the RFP in the following major areas: - The vendor was unable to clearly define how all current data center communications would be maintained. - The disaster recovery requirements were not offered. - The bill printing and mail certification requirements were not offered.  The contract is for two years with the option to renew three additional one year terms. The total annual cost of the agreement is not to exceed $978,838 Funding: FY2000 Information Technology Operating Budget and various KBE FY2000 Operating Budgets 25. Amendment to Contract with CACI, Inc. for Year 2000 Computer Systems Modifications Action: A. Approve an amendment to the contract with CACI, Inc. in the amount of $632,649, with the contract not to exceed $5,384,089, for remediation efforts to the City's Computer Aided Dispatch System; and B. Approve an ordinance appropriating $313,695 from Police Assets Forfeiture Funds to the City's FY2000 Technology account. Explanation:  On June 22, 1998, City Council approved a contract with CACI, Inc. in an amount not to exceed $4,778,551 for the modification of various City computer systems applications to ensure they are fully Year 2000 compliant and operational.  During June 14, 1999 and July 23, 1999 presentations to the City Council, the Business Support Services Key Business Executive reported that the City's Computer Aided Dispatch system had failed the Year 2000 test and would need to be remediated beyond the original expectations at an estimated cost of $585,000. The Council was advised the City was preparing cost estimates and an agenda item for the August 23, 1999, Council Business Meeting.  Remediation primarily includes the expansion of all date codes in the software and associated database from two digits (99) to four digits (1999).  The total cost of remediation for the system is projected to be $2,089,349. Of this cost, only $632,649 needs to be added to the contract based on the following: - $585,886 is already included in the current CACI contract for testing of the Dispatch System. - $870,819 is available in the current contract based upon systems eliminated from remediation. These systems were rewritten by City staff. - $318,949 will be added to the contract from the Year 2000 Fund contingency. - $313,695 will be funded by Police asset forfeiture funds. (See attachment)  With the approval of the $632,649 amendment, CACI can meet the validation test date of November 1999 and the production installation of December 13, 1999. Funding: Police Asset forfeiture funds and Technology Fund 26. Contract for New Fire Station Alerting System Action: Approve a contract with Motorola to purchase MOSCAD, a new station alerting system, to replace a system that is obsolete and not year 2000 compliant. Cost of the contract will be $1,374,220.53. This system will be used to dispatch fire companies in the stations to emergencies in conjunction with the 800 megaHertz radio system. Explanation:  The current station alerting system is 16 years old, obsolete, not Y2K compliant, and at the maximum number of stations it can handle. Motorola no longer supports this system.  This contract will purchase a state-of-the-art alerting system, including updated radio consoles, which will ensure that telecommunicators can dispatch emergency information to responding companies more quickly and efficiently, especially during night-time hours.  Contract approval is required to ensure that the Fire Department can properly dispatch incidents after January 1, 2000. Funding: Technology Fund 27. Water and Sewer Main Design - Professional Services Contract Action: Approve a contract with Hazen and Sawyer, P.C. to provide water and sewer system design for City Engineering Projects including Storm Water, Neighborhood Improvement, and Transportation. The contract is for a not to exceed amount of $300,000. Explanation:  This contract facilitates the design of water and sewer improvements for future CMU needs as well as relocations required by the City of Charlotte Projects. These improvements and relocations involve designing water and sewer lines for future needs that will arise due to the construction of the various City Projects.  This contract will insure that future service will be provided in a cost effective manner and minimize impacts to the City of Charlotte Projects. Funding: Water and Sewer Capital Investment Plan 28. Amendment to the Agreement with Huntersville Land Company for the Development of a Sanitary Sewer Collection and Treatment System Action: Approve an agreement amendment with Huntersville Land Company, et al, for the expansion of Charlotte-Mecklenburg Utilities (CMU) sewer system on the eastern side of Huntersville. Explanation:  This is a public-private partnership agreement that facilitates development of sanitary sewer service.  In February 1997, the City Council approved an agreement with the Huntersville Land Company for expansion of the sewer system on the eastern side of Huntersville. This agreement stipulated that: - Huntersville Land Company would finance and construct a treatment plant, the collection system, and the outfall within their development, which would eliminate two existing CMU lift stations. - CMU was to pay Huntersville Land Company a total of $1,160,000 for the purchase of the treatment collection system.  The purchase of the treatment and collection system would expand the CMU service area and prevent the construction of a privately owned treatment system that might need to be purchased at a later date.  Since the time the original agreement was negotiated, Utilities has begun construction of sewer lines from Cabarrus County that preclude the need for the treatment plant. CMU staff have renegotiated the terms of the contract to reduce the payment due Huntersville Land Company by $600,000. Under this amendment, the Company would not construct the treatment plant or the receiving outfall, but will instead reconstruct an existing CMU wastewater lift station to increase capacity to the area. The Company would still provide easements and the receiving outfall design as stipulated in the original agreement.  Therefore, the CMU staff is recommending the agreement amendment as noted above with a revised reduction in the payment provisions from $1,160,000 to $560,000. Funding: Sewer Capital Investment Plan 29. South Boulevard and Hebron Street Sidewalk Action: Approve an agreement for $159,683 with HDR Engineering Inc. of the Carolinas for engineering services for the South Boulevard and Hebron Street Sidewalk Project. Explanation:  This agreement with HDR will provide funds for the design of the sidewalk on both sides of South Blvd. from Archdale Dr. to Arrowood Rd. and on the east side from Arrowood Rd. to I -485; and sidewalk on the north side of Hebron St. from South Blvd. to England St.  This agreement may be amended in the future for construction administration services.  The fees are comparable to fees paid by the City of Charlotte for similar work.  HDR was selected using the Council-approved process. MWBD: MWBD participation is 3.1% WBE Funding: Transportation Capital Investment Plan Attachment 19 Map 30. Plaza Midwood Neighborhood Improvements, Phases IB, IC and II Action: Approve an amendment for $385,000.00 with US Infrastructure, Inc. of Charlotte for engineering and design services for Phases IB, IC and II of the Plaza Midwood Neighborhood Improvement Project. Explanation:  On April 28, 1997, Council approved the original agreement with US Infrastructure (USI) for $110,000.00 for planning services for phases I, II and III and design services for Phase IA. The Agreement will provide for infrastructure improvements to the neighborhood including curb and gutter, storm drainage and sidewalk.  This Amendment #1 with USI is a continuation of engineering and design services for neighborhood infrastructure improvements for phases IB, IC and II of the Plaza Midwood Neighborhood.  This contract is anticipated to be amended in the future for Phase III.  The fees are comparable to fees paid by the City of Charlotte for similar work. MWBD: MWBD participation is 74% ABE Funding: Neighborhood Improvement Capital Investment Plan Attachment 20 Map 31. Municipal Agreement - Installation of Drainage Pipe and Structures on South Boulevard near Inwood Drive Action: Adopt a resolution authorizing the Transportation Key Business Executive to execute a Municipal Agreement with the North Carolina Department of Transportation (NCDOT) relating to the installation of drainage pipe and structures on South Boulevard near Inwood Drive. Explanation:  The City proposes to make certain street and drainage improvements on South Boulevard, and a Municipal Agreement between the City and NCDOT is necessary.  The Municipal Agreement provides for the City to perform drainage pipe and drainage structure work for the project, with costs reimbursed for the project by the NCDOT.  This work is part of a larger Storm Water project to relieve flooding conditions in the area. The State agreed to participate in an amount not to exceed $150,000 to help alleviate the flooding on South Boulevard itself. The City's expenditure is anticipated to be approximately $450,000.  The format and cost sharing philosophy is consistent with past Municipal Agreements. Funding: $150,000 will be reimbursed by NCDOT. The remainder will be provided from the Storm Water Capital Investment Plan. 32. Municipal Agreement to Add Left Turn Lanes on South Tryon Street at West Boulevard. Action: Adopt a resolution authorizing the Transportation Key Business Executive to execute a municipal agreement with the North Carolina Department of Transportation (NCDOT) to add left turn lanes on South Tryon Street at West Boulevard. Explanation:  The improvement of South Tryon Street at West Boulevard requires certain construction and right of way acquisition to be performed by the NCDOT with no cost to the City.  The municipal agreement provides for the NCDOT contractor to perform grading, paving, and drainage work for the project .  The format is consistent with past Municipal Agreements.  By adopting the resolution, Council expresses support for the project and authorizes the Transportation Key Business Executive to sign the municipal agreement. 33. Contract for Public Safety Dress and Work Uniforms Action: Approve a unit price contract with Queen City Uniforms for public safety dress and work uniforms for the Police, Fire and Animal Control operations. Purchases are anticipated subject to appropriations by City Council and identified needs. The total estimated expenditures for FY00 is $1.5 million. Explanation:  To procure competitive prices for public safety dress and work uniforms, on April 8, 1999, a Request for Proposal was sent to twelve firms for price quotes. Eleven vendors participated in the pre-bid conference with two responsive bids being offered for consideration. A third bid was deemed non-responsive.  The three proposals received were evaluated on the following criteria: ? 25% Geographical support (i.e. accessibility of a local warehouse and distribution capabilities) The successful bidder is required to provide a local warehouse and store exclusively for the Police and Fire Key Businesses. The store must be in a central location easily accessible to the employees. The successful bidder is required to provide a store where employees can find all uniforms in stock; place an order; have alterations completed; and leave with the items - all in one trip. ? 30% Service capabilities (i.e. quality control to ensure 100% accuracy of order receipt, shipment, reporting and billing) The capability of the successful bidder to provide a service that meets the needs of the affected employees is a requirement. This means there should be no back orders on stock, no outages of stock, accurate alterations should be made in a timely manner, etc. Additionally, accurate billings should be provided to the City. ? 15% Overall understanding of the requirements in the Request for Proposal The successful vendor must have accurately described the scope of work required and must have answered all requests for information as set forth in the RFP. ? 15% Cost of uniform items The cost of the uniforms meeting specifications are totaled for each vendor. ? 15% References The bidders were required to provide three references from current or prior accounts. They were also asked to provide the names of accounts that had been canceled in the past three years.  The vendor receiving the highest rating of 734.1 was Queen City Uniforms with the second highest rating being 602.8 from Martin's Uniforms. Martin's Uniform's rating was lower specifically because they do not currently have a local presence in Mecklenburg County. When asked for their plan for locating to this area, per the requirements of the RFP, they could not provide a site specific location nor any other pertinent details to ensure they would meet the location criteria should they become the successful bidder.  Funding for the contract is included in the operating budgets for the Police and Fire Key Businesses. While it is appropriated for FY00 only, future expenditures will be subject to City Council appropriations based on identified needs as presented in the annual budget process. Funding: Police and Fire Key Business FY2000 Operating Budget 34. Property Transactions Action: Approve the following property acquisition (A-H) and adopt the condemnation resolution (I-J). For property transactions A-E, the purchase price was determined by an independent appraiser and was reviewed by a second appraiser. Each appraisal takes into consideration the specific quality and quantity of the land. The tax value is determined on a more generic basis and will be higher or lower for land/house with certain attributes. Property is acquired for Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Aviation Administration reimbursement. Acquisitions: A. Project: Master Plan Land Acquisition Owner(s): FESTO Corporation Property Address: 5825 Dixie Road Property to be acquired: 4.146 acres Improvements: Vacant Land Purchase Price: $300,000 Zoned: I1CD Use: Vacant Tax Value: $269,590 Tax Code: 141-033-06 B. Project: Master Plan Land Acquisition Owner(s): Donald G and wife Myrna D. Hurst and Donald N and wife Jennie L. Hurst Property Address: 7632 Frosch Road Property to be acquired: .565 acres Improvements: Warehouse Purchase Price: $225,000 Zoned: I1 Use: 6000 square foot warehouse Tax Value: $137,490 C. Project: Master Plan Land Acquisition Owner(s): Jean Austin Earnhardt Property Address: 8500 Trexler Avenue Property to be acquired: .918 acres Improvements: Single Family Residence Purchase Price: $70,000 Zoned: RMH Use: Single Family Residence Tax Value: $41,690 Tax Code: 113-105-04 D. Project: Master Plan Land Acquisition Owner(s): Janet Waller Property Address: 8627 Berryhill Drive Property to be acquired: .448 acres Improvements: Single Family Residence Purchase Price: $64,000 Zoned: R3 Use: Single Family house Tax Value: $57,950 Tax Code: 113-133-14 E. Project: Master Plan Land Acquisition Owner(s): Milton L. and Beverly J. Walker Property Address: 8723 Walkers Ferry Road Property to be acquired: 2.988 acres Improvements: Single Family Residence Purchase Price: $119,000 Zoned: R3 Use: Single Family house Tax Value: $96,750 Tax Code: 113-133-19 and 113-133-20 F. Project: Water Main Along Fullwood Lane and South Trade Street (Matthews, NC), Parcel #5 Owner(s): Zebulon V. Smith, III Trustee Orie E. Johnson Trust dated May 27, 1993, Co-Executor for the Estate of Orie E. Johnson Property Address: South Trade Street Property to be Acquired: Permanent easement of 9,102 sq.ft. (.208 ac.) plus temporary construction easement of 19,410 sq.ft. (.445 ac.) Improvements: Trees Purchase Price: $17,400 Remarks: The areas are needed for construction of a water main along Fullwood Lane and South Trade Street (Matthews, NC). Acquisition price is based on an independent, certified appraisal. Zoned:R-15 Use: Single Family Total Parcel Tax Value: $673,220 Tax Code: 227-151-14 G. Project: Hoskins Road Widening, Parcel #21 Owner(s): Golden B. Enterprises LTD Property Address: 4100 Brookshire Boulevard Property to be Acquired: Fee = 3,786 sq.ft. (.087 ac.) plus temporary construction easement of 2,901 sq.ft. (.067 ac.) plus permanent down guy easement of 88 sq.ft. (.0020 ac.) Improvements: Concrete curbs and gutters, relocation of sign, and ornamental shrubs Purchase Price: $42,750 Remarks: This area is needed for the widening of Hoskins Road. Purchase price was established by two certified, independent appraisals. Zoned: B-1CD Use: Fast Food Total Parcel Tax Value: $638,380 Tax Code: 039-011-03 H. Project: Bucknell/Chilton Storm Water Project, Parcel #16 Owner(s): James R. Myers & Cynthia T. Myers Property Address: 2137 Queens Road East Property to be Acquired: Permanent Easement = 2,898 sq.ft. (.067 ac.) plus temporary construction easement = 1,126 sq.ft. (.026 ac.) Improvements: Ornamental trees and landscaping buffer Purchase Price: $25,900 Remarks: This area is needed for storm drainage improvements. Compensation is based on two independent, certified appraisals. Zoned:R-3 Use: Single Family Dwelling Total Parcel Tax Value: $461,420 Tax Code: 175-022-01 Condemnations: I. Project: Long Creek Parallel Outfall-Phase II, Parcel #5 Owner(s): Jerry M. Lee & Thelma H. Lee and all other parties of interest Property Address: 511 Creston Circle Property to be Acquired: 2,084.75 sq.ft. (.048 ac.) Improvements: Trees Purchase Price: $400 Remarks: Permanent and temporary easement are needed for sanitary sewer line construction. Condemnation is requested because the City cannot obtain free and clear title to the easement of the estate property. Zoned: R-3 Use: Single Family Residence Total Parcel Tax Value: $141,850 Tax Code: 053-022-16 J. Project: Long Creek Parallel Outfall - Phase II, Parcel #5A Owner(s): Jerry M. Lee and all parties of interest Property Address: 511 Creston Circle Property to be Acquired: 6,708.25 sq.ft. (.154 ac.) Improvements: Trees Purchase Price: $1,800 Remarks: Permanent and temporary easements are needed for sanitary sewer line construction. Condemnation is requested because the City cannot obtain free and clear title to the easement of the estate property. Zoned: R-3 Use: Single Family Residence Total Parcel Tax Value: $10,900 Tax Code: 053-022-23 35. Meeting Minutes Action: Approve the titles, motions and votes reflected in the Clerk's record as the minutes of the: June 19, 1999 Zoning and Business Meeting June 21, 1999 Zoning Meeting July 26, 1999 Business Meeting Page 39 City Council Agenda August 23, 1999