CITY COUNCIL MEETING Monday, November 8, 1999 5:00 p.m. Conference Center Dinner Briefing (See Table of Contents) 7:00 p.m. Meeting Chamber  Invocation  Pledge of Allegiance  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 cent 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, November 8, 1999 TABLE OF CONTENTS Item No. Page No. Attachment No. 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. Charlotte's International Business Summit 1 1 Invitation 2. Joint Planning Process for 1997 School 1 2 Bond Sites/Ten Year School Master Plan and Greenville Site 3. Update Floodplain Issues and Policy Options 1 3 4. Committee Reports by Exception 1 7:00 P.M. AWARDS AND RECOGNITIONS MEETING CHAMBER ZONING DECISION 5. Rezoning Petition #99-104 2 4 CONSENT 6. Consent Items 3 Item No. Page No. Attachment No. PUBLIC HEARING 7. Public Hearing to Close a Portion of 4 5 Columbine Circle 8. Public Hearing to Close a Portion of 5 6 Glenkirk Road 9. Public Hearing on Implementing the City's 7 7 Regulatory Extraterritorial Jurisdiction 10. Public Hearing on Proposed Change of Zoning 8 8 Jurisdiction from the County to the City POLICY 11. City Manager's Report 10 12. Workforce Investment Act (WIA) 10 9 Five-Year Strategic Plan 13. Convention Center Hotel and 13 10 Parking Garage BUSINESS 14. Appointments to Boards and Commissions 17 11-16 CONSENT I 15. Various Bids A. Aviation Signage 19 B. Aviation Rotating Beacon 20 C. Fire Station 33 20 D. Channel 16 Portable Digital Video Cameras 21 E. Annual Sanitary Sewer Rehabilitation- 21 Contract #1 Item No. Page No. Attachment No. 16. Approve Resolution of Intent to Abandon 21 17 Street and Set Public Hearing for a Portion of North Myers Street between East Ninth and East Eleventh Streets 17. Approve Resolution of Intent to Abandon 22 18 Street and Set Public Hearing - A Portion of an Alleyway in Block 12 of Crescent Heights 18. Approve Resolution of Intent to Abandon 22 19 Street and Set Public Hearing East First Street between South Tryon and South College Streets 19. Refund of Certain Taxes 23 20 CONSENT II 20. Privilege License Tax 24 21 21. Police Department Contract for KBCOPS 24 Testing 22. Storm Water Engineering Services 26 23. Transit Grant Application, Resolution and 27 Budget Ordinance 24. Supplemental Grant Award for School 29 22 Based Partnerships 25. Removal, Hauling and Disposal of Residuals - 29 Sugar Creek Wastewater Treatment Plant 26. McAlpine Creek Wastewater Management 30 Facility Biosolids Improvements - Electrical/ Instrumental Improvements - Change Order #1 27. McAlpine Creek Wastewater Management 31 Facility Electrical/Instrumentation Improvements - Change Order #4 28. 1997 Annexation - Steele Creek East &West - 32 Change Order #3 Item No. Page No. Attachment No. 29. Water Contract - Charlotte Mecklenburg School 33 Board and Niblock-Ridgeline LLC 30. Myers Park Water Main Rehabilitation 34 31. Amendment to the Agreement for the 35 Development of a Sanitary Sewer Collection and Treatment System with Huntersville Land Company 32. Retirement Plan for Police Chief and Transit 36 Director 33. Airport Revenue Bond Financing Amendments 37 34. Central Yard Vehicle Wash Facility 37 35. Hotel Consulting and Legal Expenses 38 36. Property Transactions 39 37. Meeting Minutes 46 5:00 P.M. DINNER BRIEFING CONFERENCE CENTER 1. Charlotte's International Business Summit Invitation Resource: Cindy Stringham-Smith, Mayor's International Cabinet Time: 10 minutes Attachment 1 2. Joint Planning Process for 1997 School Bond Sites/Ten Year School Master Plan and Greenville Site Resources: Martin Cramton, Planning Director Eric Smith, Charlotte Mecklenburg Schools Superintendent Time: 45 minutes Attachment 2 3. Update Floodplain Issues and Policy Options Resources: Stephen Sands, Engineering and Property Management Rusty Rozzelle, Mecklenburg County Department of Environmental Protection Time: 10 minutes Attachment 3 4. Committee Reports by Exception City Within A City - Workforce Investment Act (WIA) Economic Development and Planning - Convention Center Hotel and Parking Garage 7:00 P.M. AWARDS AND RECOGNITIONS MEETING CHAMBER ZONING DECISION 5. Rezoning Petition # 99-104 Action: Consider decision on Petition #99-104 by Gulf South Development for a change in zoning from R-3 to R-8 (CD) for approximately 22 acres located on the north side of Providence Road, west of Houston Ridge Road. Explanation:  A protest petition has been filed and is sufficient to invoke the 20% rule requiring affirmative votes of 3/4 of Mayor and Council, not excused from voting, in order to rezone the property.  This item was deferred from the October 18 Zoning Meeting at the petitioner's request because all Council Members were not present.  The Zoning Committee voted to recommend approval of this petition, with the following modifications: - A 30-foot buffer will be placed at the property line along the northern portion of the site to be in addition to the proposed 45-foot rear yards for those lots. - The site plan will be modified to provide for an 8-foot solid privacy fence along the northern edge of the site. Attachment 4 CONSENT 6. Consent agenda items 15 through 37 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: Julie Burch PUBLIC HEARING 7. Public Hearing To Close A Portion of Columbine Circle Action: A. Close a public hearing to abandon a portion of Columbine Circle; and B. Withdraw a 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 received a petition to abandon public right-of-way and requests this council action in accordance with the statute.  This public hearing was continued from the October 11, 1999 Council meeting so that the petitioner and abutting property owners could resolve outstanding issues. They were unable to reach an agreement and the petitioner has withdrawn the request for abandonment. Therefore, staff recommends that the public hearing be closed and withdraw the resolution to close. Petitioner: Dr. Donald G. Joyce Right-of-way to be abandoned: A portion of Columbine Circle Location: From the intersection of Columbine Circle and Clematis Drive approximately 250 feet to its terminus. Reason: To incorporate the right-of-way into adjacent property owned by the petitioners 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 ú Carmel Park Neighborhood Association ú Foxcroft Homeowners Association 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 statues. Attachment 5 Map 8. Public Hearing to Close a Portion of Glenkirk Road Action: A. Conduct a public hearing to abandon a portion of Glenkirk 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 and requests this council action in accordance with the statute. Petitioner: Royal Crest at SouthPark LLC Right-of-Way to be abandoned: A portion of Glenkirk Road Location: East portion of the cul-de-sac Reason: This right-of-way abandonment is necessary to accommodate a brick wall that was incorrectly constructed within the right-of-way. The petitioner has relocated/reconstructed the cul-de-sac pavement in available excess right-of-way and requested the abandonment so that the wall can be located on private property. Community Input: 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 ú Heatherstone ú Parkdale League ú Live Oak (CHA) ú Fairmeadows Neighborhood Association ú Brandon - Spring Valley Private Utility Companies - No objection City Departments - Review has identified no apparent reason this closing would: 1. Be contrary to the public interest; or, 2. Deprive any individuals(s) owning property in the vicinity reasonable ingress/egress to his property as outlined in the statute. Attachment 6 Map 9. Public Hearing on Implementing the City's Regulatory Extraterritorial Jurisdiction Action: Conduct a public hearing to hear comments on the proposal to implement the City's regulatory extraterritorial jurisdiction (ETJ). Staff Resource: Jeb Blackwell Focus Area: Economic Development Explanation:  Exercising the ETJ would allow the City to have control over a number of functions in the area up to one mile outside the City limits. These functions include rezoning decisions and land development review. ETJ control allows the City to establish the character of an area that eventually becomes the City. Decisions on how land develops impacts the City's cost and ability to deliver services.  Council voted to proceed with the public input process on June 14, 1999.  The City Attorney's Office recommended that all powers in Article 19 (attached) currently exercised by the City within the City limits should be exercised within an approved ETJ area.  Council will be asked to approve ETJ on November 22, 1999. The effective date for nearly 12,000 parcels would be November 22. The effective date for parcels currently in the County's rezoning process would be February 14, 2000. There are approximately 40 such parcels. Committee Discussion:  The Economic Development and Planning Committee met March 30, 1999, and voted 3-0 to recommend proceeding with the ETJ process. Members present at the March 30 meeting were Lynn Wheeler, Tim Sellers, Charlie Baker and Nasif Majeed. Councilman Majeed excused himself from the vote, because he owns property in the proposed area.  The Committee met May 17, 1999, to discuss recommendation of the proposed schedule. Members present were Lynn Wheeler, Malachi Greene and Charlie Baker. The vote to recommend the schedule was 3-0. The Committee approved the revised schedule on October 19, 1999. Community Input:  Extensive public notification of a public hearing for affected residents is required. Each landowner in an ETJ area has received three notices (through a combination of mailings and newspaper notices) informing them of the formal public hearings. A total of 29 residents attended three public information meetings.  If ETJ is exercised, the Board of Commissioners are required by state statute to appoint one person to the City's Zoning Board of Appeals. Because there is a joint City and County Planning Commission, the governing bodies may decide whether any additional Planning Commission appointments are needed. Attachment 7 Revised Schedule Map Article 19 List of ETJ Powers 10. Public Hearing on Proposed Change of Zoning Jurisdiction from the County to the City Action: Conduct a public hearing to hear comments on proposed change of zoning jurisdiction from the County to the City within proposed extraterritorial jurisdiction (ETJ) areas. Staff Resource: Keith MacVean Focus Area: Economic Development Explanation:  North Carolina General Statutes require that a public hearing be held to establish initial city zoning within an extraterritorial jurisdiction. This is the same process that the City implements to establish City zoning in newly annexed areas.  A vote to establish City zoning in the ETJ is scheduled for November 22, 1999.  The proposed effective date for most parcels is November 22, 1999. Exceptions to this date are parcels that do not have a corresponding City zoning (4 parcels) and parcels already in the County rezoning process (approximately 40 parcels). A staff analysis for this petition is attached. The effective date for these parcels will be February 14, 2000. Attachment 8 Staff analysis for Petition 99-135 POLICY 11. City Manager's Report 12. Workforce Investment Act (WIA) Five-Year Strategic Plan Action: Approve the City Within A City Committee recommendation to: A. Endorse the Five-Year Charlotte-Mecklenburg Workforce Development Plan (policy); B. Adopt the Five-Year Workforce Investment Act (WIA) Strategic Plan for the period January 1, 2000 - June 30, 2004, which outlines the local approach in the development of a workforce investment system (operational); and C. Approve the Six-Month WIA budget in the amount of $949,661 for January 1, 2000 - June 30, 2000 that will be used to enhance the JobLink system, which provides training, education and employment services to Charlotte-Mecklenburg adults and youth. Committee Chair: Rod Autrey Staff Resource: Stanley Watkins Focus Areas: City Within A City and Economic Development Policy: The City Within A City and Economic Development Focus Areas emphasize preparing people for quality employment and meeting the workforce needs of employers. Activities under the Job Training Plan are part of the City's overall neighborhood revitalization strategy and are coordinated with those of partner agencies through the Workforce Development Board. Explanation:  The Charlotte-Mecklenburg Five-Year Workforce Development Plan adopted by the Charlotte-Mecklenburg Workforce Development Board on July 15, 1999 identifies the following priority goals: - Implement the Workforce Investment Act - Promote the importance of life-long learning - Focus community attention and resources on minimizing barriers to employment - Increase agency accountability - Expand community-wide awareness and support of workforce development issues, policies and initiatives  The Workforce Investment Act Five-Year Strategic Plan has two major initiatives: - establish a JobLink System that all Mecklenburg County residents to access the same services from any location in the community and - promote the "workfirst" philosophy throughout each level of service.  The plan has been developed for a five-year period, but includes a six-month budget for the period January 1, 2000 to June 30, 2000. An annual modification of the plan will be required to incorporate funding.  The $949,661 six-month implementation budget will be used to provide adult and dislocated worker skills assessment counseling, case management, on-the-job and vocational training. Priority will be given to low-income individuals and public assistance recipients. The six-month budget will also establish a comprehensive youth program, and assist with the opening of a minimum of one additional full service JobLink Center. Background:  In 1998, the Workforce Investment Act (WIA) was signed into law for the purpose of consolidating existing federal job training programs into a one-stop delivery system. North Carolina will implement WIA on January 1, 2000.  In order to receive WIA funds the local Workforce Development Board (WDB) must submit a WIA plan to the State.  For three consecutive years, the local job-training program has exceeded the State Performance Standards. The standards measure wage rates and job retention 13 weeks after individuals exit training. The same performance standards will be used during the six-month implementation period of WIA. Currently, the local program is exceeding five out of six standards. Committee Discussion:  On October 6, 1999, the City Within A City Committee was presented the Charlotte-Mecklenburg Workforce Development Plan. The Committee voted unanimously (4-0) to endorse the Charlotte-Mecklenburg Workforce Development Plan (policy). Councilmember Jackson was absent.  The City Within a City Committee will review the Five-Year WIA strategic plan and the six-month WIA budget on November 3, 1999. The committee's recommendation will be included in the Council Manager Memo on November 5, 1999. Funding: U.S. Department of Labor Attachment 9 - Five-Year Charlotte-Mecklenburg Workforce Development - Plan Executive Summary - Five-Year WIA Strategic Plan - State Performance Standards - Charlotte-Mecklenburg Workforce Development Board Membership - Charlotte-Mecklenburg Workforce Development Board Planning Committee Membership - Charlotte-Mecklenburg Workforce Development Board Youth Council Membership 13. Convention Center Hotel and Parking Garage Action: A. Approve the recommendation of the Economic Development and Planning Committee to approve the Parking Space Management Agreement as a modification to the Convention Center Hotel and Parking Deck Development Agreement with StarPort; and B. Adopt a resolution authorizing the City Manager to execute: 1) the Amendment to the Development Agreement; and 2) the Parking Space Management Agreement. Committee Chair: Lynn Wheeler Staff Resource: Tom Flynn Focus Area: Economic Development Policy: Develop strategies to support Convention Center parking, hotel development and facility expansion plans. Explanation:  Under the Parking Space Management Agreement, the City would pay StarPort a management fee of up to $2.5 million annually for 25 years from the Convention Center Fund to manage and maintain the City's 500 spaces. StarPort would use this revenue stream to support $25 million in debt. StarPort would repay this amount to the City annually from the net revenues of the project after hotel and parking deck debt and normal operating expenses are paid, but before any return on equity is paid.  This modification does not effect the rest of the Development Agreement. The City still: - Contributes $16 million - Owns 500 parking spaces - Owns the meeting facilities - Obtains 600 room blocks commitment - Obtains a trolley stop  The Hotel and Parking Deck project needs this Parking Space Management Agreement in order to meet bank terms for lending StarPort $75 million. This agreement is also needed to make the equity returns high enough for StarPort to attract the private equity needed for the project.  The Parking Space Management Agreement includes the following safeguards to mitigate the City's risk: - Cash flow guarantee by the Parking Garage Operator - Projected Debt Service Coverage of 2 to 1 in the first year, and the project can only be refinanced if the debt service coverage is 2 to 1 or greater (exclusive of the initial refinance during the first seven years) - A Letter of Credit at up to $2 million during the first five years - A refinancing cannot increase the projects debt above $75 million - An escrow account funded out of available project revenues at the rate of $1.2 million annually, during years 6 to 10 - City receives a second mortgage on the Parking Deck  The Parking Space Management Agreement includes the following incentives for the developer to terminate the agreement as soon as possible: - The $1.2 million annual escrow payment before return on equity - The $75 million debt ceiling - New ownership would want clean ownership of the parking deck. (i.e. eliminate the City's second lien on the deck that is part of the Parking Space Management Agreement) - City Council was briefed on this proposed modification at the October 4 Council Workshop. At that time, staff addressed the Economic Development and Planning Committee's concerns about safeguards and sensitivity analysis.  If City Council approves this amendment, there will be a resolution to authorize the City's financing of the Hotel Development Agreement on the November 22 agenda. Committee Discussion:  The Economic Development and Planning Committee discussed this modification at their July 14 and October 19 meetings.  On July 14, Committee discussion focused on the ways to mitigate the City's risk. The Committee was concerned about safeguards and requested a sensitivity analysis to determine the City's risk. That analysis indicates the projected average room rate would have to be missed by 40% ($145 vs. $85) in order for the City not to be whole at the end of year 10. Staff also analyzed the Convention Center Fund and determined that all known projects could still be funded even if the City were never repaid any of the $2.5 million annual management fee payments.  At the October 19 Committee meeting, staff again presented the agreement, and the safeguards and sensitivity analysis. The Committee discussion focused on the relationship of the hotel to the trolley project and Convention Center. - As currently planned, the hotel will not affect the scheduled opening of the trolley project in fall 2001. - Council asked if the convention center would continue to generate enough business to meet the needs of the hotel. Charlotte's Convention Center was one of the main reasons that Westin Hotels is involved in this project. Westin is confident in the long term viability of the Convention Center.  It was at this meeting that the Committee voted 3-0 (Wheeler, Baker and Majeed) to recommend approval of the Parking Space Management Agreement to the Council as a modification of the existing Development Agreement with StarPort. Funding: The funds for the City's payment of $2.5 million will come from the 1% Prepared Food Tax and the second 3% Hotel/Motel Tax. These funds can only be used for Convention Center Purposes. The $2.5 million annual City payment is to be repaid to the Convention Center Fund from hotel cash flows in two payments a year. Attachment 10 - Economic Development and Planning Committee Meeting Summary for October 20, 1999 - Executive Summary: Parking Space Management Agreement Convention Center Hotel - October 19, 1999 Presentation to Economic Development and Planning Committee by Jeff Sachs BUSINESS 14. Appointments to Boards and Commissions Action: Vote on the blue paper ballots and give to Clerk at Dinner. A. BUSINESS ADVISORY COMMITTEE Two appointments beginning immediately to fill unexpired terms. The Manufacturer's Council has recommended Tim Chappell to replace Richard Tucker, who has resigned. This term will begin immediately and end April 2002. The other appointment will end April 2000 and then serve the next full, three year term. The Charlotte Chamber will submit someone in January to replace Alan Burnett, who has missed three meetings. Attachment 11 B. HOUSING APPEALS BOARD One position beginning January 2000 to serve three years. Charlie Dean is eligible, but does not wish to be reappointed. Annelle Houk by Councilmember Autrey Tammy McCollum by Councilmember Cannon Attachment 12 C. HOUSING AUTHORITY One appointment beginning immediately to fill an unexpired term ending December 2001. Thomas Bumgardner has missed three consecutive meetings. Eric Douglas by Councilmember Cannon Ken Harris by Councilmember Autrey Mary Stafford by Councilmember Reid Attachment 13 D. MINORITY/WOMEN'S BUSINESS DEVELOPMENT One appointment in the open category beginning immediately and ending August 2000. Troy Watson has resigned. Victor Alexander by Councilmember Majeed Yvette Sayles by Councilmember Cannon Attachment 14 E. PRIVATIZATION/COMPETITION COMMITTEE One position beginning immediately to fill an unexpired term ending March 2001. Guy Forcucci has missed three meetings. Brian Francis by Councilmember Wheeler Bernie Johnson by Councilmember Cannon Attachment 15 H. SISTER CITIES COMMITTEE Two appointments beginning immediately, ending April 2000, then serving the next full, two year term to replace Timothy Crawford and Robert Fudge, who have both resigned. Olma Echeverri by Councilmembers Autrey and Spencer Ruth Gorman by Councilmembers Autrey and Cannon Bernel Hall by Councilmember Cannon Attachment 16 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 I 15. Various Bids A. Aviation Signage AVIATION Recommendation: The Aviation Director recommends the low bid of $394,000 by Showalter Construction Company. The Aviation Department provides and maintains overhead signage structures at the Airport to assist in directing people to airport facilities. This contract will add three additional structures. DBE Status: Amount %of Project Project Goals NBE $310,755 79% 5% MWBD Compliance: Yes. B. Aviation Rotating Beacon AVIATION Recommendation: The Aviation Director recommends the low bid of $114,000 by Grant Contracting, Inc. of Columbia, South Carolina. Federal Aviation Administration regulations require all commercial service airports to have a rotating beacon. This contract will provide a new beacon on a new 130 ft. tall tower to be located in the satellite parking lot. DBE Status: Amount %of Project Project Goals BBE $114,000 100% 5% MWBD Compliance: Yes C. Fire Station #33 E&PM Recommendation: The City Engineer recommends the multi-prime low bid of $1,260,913.65 by Gulf Construction, Inc., Climate Conditioning of Charlotte, Inc., Heyworth Plumbing Co., Inc., and Electrical Contracting Services, Inc. Award of this contract will construct Fire Station# 33 to serve the recently annexed Northwoods area. This will ensure that the Charlotte Fire Department will meet response time benchmarks in this area. Construction will be complete September 2000. MWBD Status: Amount % of Project Project Goals Gulf Construction, Inc. (General) BBE $250,005 20% 10% WBE $20,000 2% 4% Climate Conditioning of Charlotte, Inc. (Mechanical) BBE $0 0% 0% WBE $0 0% 0% Heyworth Plumbing Co., Inc. (Plumbing) BBE $0 0% 0% WBE $92,400 100% 0% Electrical Contracting Services, Inc. (Electrical) BBE $0 0% 0% WBE $0 0% 0% MWBD Compliance: Yes. D. Channel 16 Portable Digital Video Cameras BSS Recommendation: The Business Support Services Key Business Executive recommends the low bid of $113,385 from Clark Powell Associates of Charlotte, North Carolina for the purchase of three portable digital video cameras. These cameras are part of an upgrade of the City's video production studio. This purchase is necessary to convert the studio to digital broadcasts. MWBD Status: There are no known MWBD vendors of this equipment. E. Annual Sanitary Sewer Rehabilitation - Contract #1 CMU Recommendation: The Charlotte-Mecklenburg Utility Director recommends the low bid of $3,987,454.13 by Insituform Technologies, Inc. of Birmingham, Alabama. This is an annual contract which includes rehabilitation and replacement of approximately 80,000 linear feet of old sewer lines, including point repairs, lateral replacement and manhole rehabilitation. Sewer lines have been identified throughout Mecklenburg County that are in urgent need of repair or replacement. This contract also provides for response by the contractor to various types of emergencies that may arise within the sewer system during the next year. MWBD Compliance: Insituform has made good faith efforts to comply with the MWBD policy. Insituform will continue to make the good faith effort as subcontracting opportunities arise. 16. Approve Resolution of Intent to Abandon Street and Set Public Hearing for a Portion of North Myers Street between East Ninth and East Eleventh Streets Action: A. Adopt the resolution of intent to abandon a portion of North Myers Street between East Ninth and East Eleventh Streets; and B. Set a public hearing for December 13, 1999. Attachment 17 Map 17. Approve Resolution of Intent to Abandon Street and Set Public Hearing - a portion of an Alleyway in Block 12 of Crescent Heights Action: A. Adopt the resolution of intent to abandon a portion of an alleyways in block 12 of Crescent Heights that runs perpendicular to and connects with North Chase Street; and B. Set a public hearing for December 13, 1999. Attachment 18 Map 18. Approve Resolution Of Intent To Abandon Street And Set Public Hearing East First Street between South Tryon and South College Streets Action: A. Adopt the resolution of intent to abandon East First Street between South Tryon and South College Streets; and B. Set a public hearing for December 13, 1999. Note: This portion of East First Street is narrow, one-way street that does not carry a lot of traffic. Several years ago with the construction of the Convention Center the street was narrowed to its present width/operation, sidewalks were widened, and pedestrian lighting was added to enhance pedestrian use of this right-of-way. The proposed abandonment creates a park in the place of the street and will maintain the pedestrian focus by providing an easement. The resolution to close will make Council's approval contingent upon a building permit being issued within 2 years. CDOT does not oppose the petitioner's request. Attachment 19 Map 19. Refund of Certain Taxes Action: Adopt a resolution authorizing the refund of certain taxes assessed through clerical or assessor error in the amount of $1,201,042.67. Attachment 20 Resolution List of Refunds CONSENT II 20. Privilege License Tax Action: Adopt an ordinance amending Chapter 13 of the Code of the City of Charlotte regarding the privilege license tax for pawnbrokers. Explanation:  Senate Bill 1112, effective July 1, 1999, reduced the maximum amount of privilege license tax that cities can levy against pawnbrokers from $275 to $100. Accordingly, this ordinance amends the City's privilege license tax for pawnbrokers from $275 to $100.  There are a total of 26 pawn brokers within the City. Sixteen pawnbrokers who paid the current year's license tax before the effective date of the legislation are being refunded $175 each. The remaining companies will pay only $100. The total effect of the legislation will be to reduce the City's privilege license tax revenue annually by $4,550. Attachment 21 Ordinance 21. Police Department Contract for KBCOPS Testing Action: Approve a contract with Ballantyne Consulting Group, in the amount of $290,000 for the development and implementation of a comprehensive testing approach for the KBCOPS system, and for the purchase of testing software. Explanation:  The Police Department is in the process of developing a custom application which will allow officers in the field to input, modify and access real-time data on line. This application, known as KBCOPS, will be utilized by officers in their vehicles via laptops over a radio network and from desktop computers over the LAN/WAN. The Police Department needs assistance with the testing phase of this project.  "Real world" testing is essential for managing business risk and ensuring the success of the KBCOPS application. The testing process will evaluate the quality of the software and its ability to process the anticipated volume of records. Automation must be used in order to simulate the conditions under which the system will operate as well as to provide comprehensive data to evaluate the system's performance.  The Police Department issued a Request for Proposal (RFP) for the testing phase of the KBCOPS project. There were two respondents, Ballantyne Consulting Group and Keane, Inc. The bid from Ballantyne Consulting Group was $268,600 and the bid from Keane was $162,005. However, Keane did not include all the necessary components including a transaction breakdown monitor that finds performance problems in the database, the necessary 100 user licenses to conduct load testing and maintenance. Further evaluation by Police Department staff indicated that Keane did not have the experience to execute the project successfully.  The proposed contract will be funded from the Police Department's COPSMORE96 grant and is not to exceed $290,000. This amount will provide a contingency fund for any additional expenses or changes to scope not identified in the original RFP. Additionally, the Police Department will retain the testing software purchased as part of this contract. Other City departments will be able to use the network testing software at no additional charge to the City. Funding: COPSMORE96 grant from U.S. Department of Justice 22. Storm Water Engineering Services Action: Approve amendment #2 for $120,000 with Armstrong Glen, Inc. (AGI) of Charlotte for engineering services for storm water design. Explanation:  The original agreement with AGI was approved by the City Manager October 19, 1998, for $90,000 to provide engineering planning and design services for various storm drainage projects.  Amendment #1 was approved by City Council May 24, 1999, for $120,000 to continue engineering services for various storm drainage projects. Services included preparation of the final design for the Monroe/Bainbridge Storm Drainage Improvement Project and the Edgehill Park and Meadowood Lane Culvert Replacement Projects.  Amendment #2 is a continuation of engineering services for these storm drainage projects with an increase in scope for the Monroe/Bainbridge Storm Drainage Improvement Project and the addition of the Freedom/Morehead Flood Warning Signals Project.  Commitments to citizens and project schedules make it necessary to continue all of these projects under the current contract. All of the projects are nearing completion and changes in consultants or delays in funding will affect construction schedules.  No future amendments are anticipated.  AGI was selected using the Council-approved, qualifications-based process for professional services.  The fees are comparable to fees paid by City of Charlotte for similar work. Funding: Storm Water Capital Investment Plan 23. Transit Grant Application, Resolution, and Budget Ordinance Action: A. Adopt a resolution authorizing grant applications to the Federal Transit Administration (FTA) and to the North Carolina Department of Transportation for FY2000 transit assistance; and B. Adopt a budget ordinance appropriating $6,864,145. Policy: The City's Five-Year Transportation Plan, Metropolitan Transit Commission (MTC) Interim FY2000 Program, and MTC FY2000 Interim Budget Explanation:  At the January 1997 Retreat, City Council approved the 5-Year Transportation Plan. On May 26, 1999 the MTC Interim FY2000 Program and FY2000 Interim Budget was adopted. These programs call for replacement of aging transit equipment and expansion of transit services.  This action initiates the City's FY2000 grant application for transit capital improvements.  The City is requesting federal and state funds to purchase twenty-one buses, of which fourteen will replace 1987 non-accessible buses which have reached the end of their useful life. The seven new buses will be used to add trips to the Independence express bus lanes and implement extensions to University City and the Airport.  A financial summary of the capital grant applications is as follows: FTA $5,500,000 NCDOT 680,625 City (for MTC) 683,520 TOTAL $6,864,145 Community Input:  FTA regulations require the City to advertise the capital improvements to be financed with federal and state funds so that citizens can request a public hearing on the list if they have questions. This notice will be published in The Charlotte Observer and The Charlotte Post. Funding: The budget ordinance estimates and appropriates federal and state grant funding and transfers the City's local match previously appropriated in the FY2000 budget. Background:  The Metropolitan Transit Commission (MTC) reviewed the FY2000 project list on October 27.  The FY2000 "Interim Year" Capital Program included these projects to be applied for in this submission.  The Mecklenburg/Union Metropolitan Planning Organization (MPO) is scheduled to review and approve the list of capital projects at its November meeting.  The City applies annually for formula entitlement grants for the FTA and NCDOT. The City's FY2000 formula entitlement fund allocation was set in accordance with TEA-21 authorization and the FY2000 appropriations process.  Summary of actions leading to the Grant Application: - January 1997 - 5-Year Transportation Plan (Council) - Spring 1998 - 2025 Transportation Land Use Plan - February 1999 - 1/2› Sales Tax Interlocal Agreement (City Council/County Commission) - March 1999 - MTC Formed (Local Governments) - May 1999 - FY2000 Interim Program (MTC) - May 1999 - FY2000 Interim Budget (MTC) - Grant Application (Council Approval/MTC Review) 24. Supplemental Grant Award for School Based Partnerships Action: Approve a budget ordinance appropriating an additional $17,500 from the U.S. Department of Justice to the Police Department's School Based Partnerships Grant. Explanation:  On January 11, 1999, Council approved a grant from the U.S. Department of Justice to fund a study of the effects of bullying and intimidation in 12 Charlotte-Mecklenburg Schools. The project, a partnership between the Police Department and the Charlotte-Mecklenburg Schools, operates in the 12 secondary and middle schools that have experienced the highest incidence of on-campus crime.  Each of those schools has a problem solving team comprised of students, teachers and the School Resource Officer. The team is studying the effects of bullying and intimidation on crime and the school environment and will make recommendations to school administrators on steps to reduce the effects of intimidation.  The Justice Department has awarded the project an additional $17,500 to be used for training and evaluation of the project. Funding: Supplemental School Based Partnerships grant funds from U.S. Department of Justice Attachment 22 Progress Report on School Based Partnership Grant 25. Removal, Hauling and Disposal of Residuals - Sugar Creek Wastewater Treatment Plant Action: Approve the service contract with Trimax Residuals Management (USA), Inc. for the removal, hauling, and disposal of residuals from Sugar Creek Wastewater Treatment Plant in the amount of $1,780,166. Explanation: This contract will provide labor and materials necessary to remove, haul and dispose of approximately 8.3 million gallons of sludge contained in four anareobic digesters and three sludge storage tanks. The sludge is then dewatered, loaded onto trucks and transported to the BFI landfill for disposal. MWBD: The WBE participation of this project will be $84,850 or 5% of the contract amount. Funding: Sewer Capital Investment Plan Background:  Odor control improvements at the Sugar Creek Wastewater Treatment Plant (WWTP) were approved in the FY97 Capital Investment Plan.  In February 1996, CMUD contracted with Carl Huber to perform an odor study for the Sugar Creek WWTP. This study identified the odor sources within the plant and made recommendations for correcting these issues.  This contract will allow for cleaning all of the anareobic digesters and sludge storage tanks as recommended in the odor study. 26. McAlpine Creek Wastewater Management Facility Biosolids Improvements - Electrical/Instrumentation Improvements - Change Order #1 Action: Approve Change Order #1 for $139,973.96 with Energy Erectors, Inc. for electrical/instrumentation work at the McAlpine Creek Wastewater Management Facility (WWMF) Biosolids Improvements project. Explanation:  Change Order #1 will provide labor and equipment for numerous changes to the original scope of work. Most of the changes were requested by CMU staff to enhance operations and provide greater operating flexibility.  With this change order, the Energy Erectors contract will increase from $695,792 to $835,765.96. MWBD: Energy Erectors' effort concerning MWBD involvement has increased with approval of this change order. The HBE participation will increase by $20,996, or 15% of the change order amount. Funding: Sewer Capital Investment Plan Background: The contract for electrical/instrumentation work at McAlpine Creek WWMF was approved by City Council on May 25, 1998 in the amount of $695,792. 27. McAlpine Creek Wastewater Management Facility Electrical/ Instrumentation Improvements - Change Order #4 Action: Approve Change Order #4 for $387,092.86 with Energy Erectors, Inc. for electrical/instrumentation work at the McAlpine Creek Wastewater Management Facility (WWMF) Expansion. Explanation:  Change Order #4 will provide labor and equipment to upgrade the screening and grit facility to meet the National Fire Protection Association (NFPA) 820 Standards for Fire Protection in Wastewater Treatment and Collection Facilities (fire and explosion prevention standards).  During the design phase of this project, Building Standards reviewed and approved the plans, interpreting that NFPA 820 did not apply to this work. However, after the bid, Mecklenburg County Building Standards enforced NFPA 820 on the new construction and existing facilities modified by the new construction, thus necessitating this change order.  With this change order, the Energy Erectors contract will increase from $5,743,545 to $6,130,637.86 MWBD: Energy Erectors' effort concerning MWBD involvement has increased with approval of this change order. The HBE participation will increase by $34,144 or 9% of the change order amount. Funding: Sewer Capital Investment Plan Background:  The contract with Energy Erectors for electrical/instrumentation work at McAlpine Creek WWMF was approved by City Council on January 27, 1997 in the amount of $4,314,851.  Change Order # 1 was approved by City Council on October 26, 1998 in the amount of $200,667.54.  Change Order # 2 was approved by City Council on February 8, 1999 in the amount of $204,867.  Change Order # 3 was approved by City Council on April 26, 1999 in the amount of $1,023,159.46. 28. 1997 Annexation - Steele Creek East & West - Change Order #3 Action: Approve Change Order # 3 for $297,900 with BRS, Inc. for additional sewer street extension work in the 1997 Annexation areas. Explanation:  Change Order #3 will allow for construction of additional sewer street mains in and adjacent to the annexation area not included in the original contract scope. Sewer main extensions along Houston Ridge Road, Downs Road and Downs Circle have been applied for by customers and are waiting to be built. The Contractor is currently installing the trunk to serve Downs Road. The completion date is still November 15, 1999.  With this change order, the contract amount will increase from $4,047,112.26 to $4,345,012.26. MWBD: BRS can self-perform all construction activities. Funding: Sewer Capital Investment Plan Background:  The contract with BRS, Inc. was approved by City Council on June 22, 1998 in the amount of $4,013,924.16.  Change Order #1 was approved by the CMU Key Business Executive on May 20, 1999 for extending the contract completion date from May 1, 1999 to May 30, 1999.  Change Order #2 was approved by the CMU Key Business Executive on October 27, 1999 for $33,188.10. This change order was for pump station improvements required by new Building Standards policies and extended the completion date to November 15, 1999. 29. Water Contract - Charlotte Mecklenburg School Board and Niblock-Ridgeline LLC Action: Recommend approval of a reimbursable water contract between the City and Charlotte Mecklenburg School Board and Niblock-Ridgeline LLC. Policy: CMUD Extension Policy -5-Year Reimbursement Program Explanation:  Charlotte Mecklenburg School Board and Niblock-Ridgeline LLC, as co-applicants, request a contract for a privately designed/publicly constructed water main, identified in the FY 2000-2004 Capital Investment Plan. This water main will extend along Beatties Ford Road, from Jim Kidd Road, passing the Niblock-Ridgeline LLC proposed Tanner's Creek Subdivision, and terminate at the proposed site of North High School on Beatties Ford Road. The applicants have employed a N.C. registered engineer to design this water main to CMU standards, and will donate the design work. The project, once designed to CMU standards, will be bid publicly. Funding:  The estimated cost of this project is $679,800. The co-applicants will pay the full cost of this project. The City will reimburse the applicant over a five- year period because it is an approved Capital Investment Plan project. Background: The applicant has deposited 5% of the estimated project cost with the remaining 95% to be deposited prior to construction. 30. Myers Park Water Main Rehabilitation Action: A. Reject the low non-responsive bid of $845,250 by Heitkamp, Inc. of Watertown, Connecticut; and B. Award a contract to the lowest, responsive bidder, Retusa, Inc. of Greensboro, North Carolina for $948,948. Explanation:  This project includes replacing old 2-inch water mains with new 6-inch and 2-inch water mains and rehabilitating 12-inch, 6-inch and 4-inch water mains by cleaning and applying an epoxy lining to the interior walls of the pipes. This work will take place in the Myers Park neighborhood in Charlotte.  Epoxy has been specified for this project because of its hard, impermeable coating, its quality assurance and the potential water quality concerns associated with cement mortar lining in water distribution systems. However, should the bidder choose a lining other than epoxy, a provision was included in the contract which outlined an approval process for product substitutions.  The apparent, low bidder (Heitkamp, Inc.) is not considered responsive and is not being recommended because: - the product they propose to use does not meet the project specifications; - their proposal did not meet the requirements of the contract; - Keitkamp did not request consideration or review of the performance of their proposed lining procedure. Cement mortar lining does not meet the specifications and is not an approved lining product for this project; and - Epoxy has been specified as the approved lining product for this project. Heitkamp, Inc. marked through the word "epoxy" on the bid documents and wrote in the word "cement." Summary of Bids: Heitkamp, Inc. Watertown, CT $845,250.00 Retusa, Inc. Greensboro, NC $948,948.00 Propst Const. Company Concord, NC $1,251,195.75 State Utility Contractors Monroe, NC $1,629,660.90 MWBD Compliance: Yes. Retusa can self-perform all construction activities. Funding: Water Capital Investment Plan Background: Myers Park is one of the oldest neighborhoods in the City and for years has been plagued with poor water quality and inadequate fire hydrant flows due to aging water mains with decades of corrosion built up inside the pipes. Rehabilitating these pipes by cleaning and lining with a protective coating is a cost effective way of restoring the pipes to "new pipe" flow characteristics and protect against future corrosion with minimal disturbance to above ground features. 31. Amendment to the Agreement for the Development of a Sanitary Sewer Collection and Treatment System with Huntersville Land Company Action: Approve an agreement amendment with Huntersville Land Company, et al, for the expansion of the Charlotte-Mecklenburg Utility (CMU) sewer system on the eastern side of Huntersville. Policy: This is a public-private partnership agreement that facilitates development of sanitary sewer service. Explanation:  In February 1997, the City Council approved an agreement with the Huntersville Land Company for the expansion of the sewer system on the eastern side of Huntersville. This agreement stipulated: - Huntersville Land Company would finance and construct a package 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, the Utilities Department has begun construction of sewer lines from Cabarrus County that precludes the need for the treatment plant. The CMU staff have renegotiated the terms of the contract to reduce the payment due Huntersville Land Company to $1,037,000. Under this amendment, the Company would not construct the treatment plant but would instead build a new liftstation to increase capacity to the area. The Company would still provide easements and the receiving outfall construction as stipulated in the original agreement.  In the original agreement, CMU was to pay the Company $1,160,000 for these facilities. Under this amendment the base payment to the Company is reduced to $1,037,000. A contingency amount of $123,000 is set aside in case rock is encountered in the outfall construction. CMU would reimburse the cost of the rock removal up to a maximum of $123,000. 32. Retirement Plan for Police Chief and Transit Director Action: Grant the City Manager the authority to establish a 401(a) retirement plan through the International City Management Association Retirement Corporation (ICMA-RC) for the Police Chief and Transit Director and grant the City Manager the authority to execute and negotiate all necessary plan adoption agreements and future amendments as necessary. Explanation: Granting the City Manager the requested authority is consistent with the offers of employment which were made to, and accepted by the Police Chief and Transit Director. 33. Airport Revenue Bond Financing Amendments Action: Approve amendments to the Series Resolution for Airport Revenue Bonds (The "1999D Bonds"). Explanation:  The City Council adopted a resolution on October 11, 1999 which sets forth the terms of the Airport Variable Rate Demand Revenue Bonds, Series 1999D. Since that time, Bond Counsel has received comments on the resolution adopted by Council from the agencies rating these bonds. The substantive changes requested by the rating agencies include requiring the City to receive a confirmation of the ratings on the bonds from the rating agencies if the City wants to either switch from one type of variable rate to another type of variable rate.  These amendments are necessary so that the rating agencies can issue their ratings on the bonds. 34. Central Yard Vehicle Wash Facility Action: A. Adopt a budget ordinance to appropriate $331,000 from 1993 Environmental Bonds Fund balance to the construction account; and B Approve low bid of $724,796.15 from Sealand Contractors Corp. of Charlotte, NC, for the installation of a vehicle wash facility. Explanation:  This agreement will provide funds to construct a truck wash facility at Central Yard to clean street sweepers and Vac-All trucks. The work includes a wash pad, an oil/water separator and storm water drainage system to collect and treat the wash runoff prior to entering nearby streams, new water and sanitary sewer systems, and a retaining wall. These improvements are necessary to bring Central Yard into compliance with EPA regulations.  Due to the unique design requirements, the low bid of $724,796.15 exceeded the engineer's estimate. The budget ordinance is requested to help fund this project including staff time for administration and inspection services. MWBD: 3% BBE; 2% WBE Funding: Environmental Improvements at City Facilities Capital Project 35. Hotel Consulting and Legal Expenses Action: Adopt a budget ordinance transferring $20,000 from the Convention Center Fund Balance to cover consulting and legal expenses associated with developing the Hotel Development Agreement and the modification to that agreement. Explanation:  On October 12, 1998 City Council appropriated $200,000 for consulting, legal and other expenses to develop the Memorandum of Understanding and Development Agreement with StarPort for the Convention Center Hotel and Parking Deck. Expenses to date total $210,660, and include: Consulting 96,960 Legal 95,670 Engineer/Architect 18,030 Total $210,660  The development and negotiation of the Parking Space Management Agreement resulted in additional expenses beyond the $200,000. StarPort's $15,000 proposal deposit has been administratively transferred to cover these expenses. However, an additional $20,000 is needed to complete these documents.  With this budget ordinance, a total of $35,000 will have been added for consulting and legal expenses: $15,000 from StarPort and $20,000 from the Convention Center fund balance. Funding: Convention Center fund balance 36. Property Transactions Action: Approve the following property acquisitions (A-P) and adopt the condemnation resolutions (Q-R). For property transactions A-J, 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 cost are eligible for Federal Aviation Administration reimbursement. Acquisitions: A. Project: FAR Part 150 Land Acquisition Program Owner(s): U/A Merinda Weathers et al Property Address: Eagle Lake Drive Property to be acquired: 53.55 acres Improvements: Vacant Land Purchase Price: $550,000 Zoned: R3 Use: Vacant land Tax Value: $12,320 (Farm land appraisal) Tax Code: 141-083-02 B. Project: Master Plan Land Acquisition Owner(s): Charles and Patsy James Property Address: 8417 & 8400 Hillcrest and 8418 Freeman Drive Property to be acquired: 2.898 acres Improvements: Mobile home and vacant land Purchase Price: $114,500 Zoned: RMH Use: Mobile home and vacant land Tax Value: $37,080 Tax Code: 113-105-15, 113-103-09, 113-101-06 C. Project: FAR Part 150 Program Owner(s): James Smiley Property Address: 8600 Tuckaseegee Road Property to be acquired: .576 acres Improvements: Single family ranch Purchase Price: $88,000 Zoned: R3 Use: Single Family Residence Tax Value: $71,760 Tax Code: 055-381-05 D. Project: Master Plan Land Acquisition Owner(s): Jack and Mary Parsons Property Address: 8621 Walkers Ferry Road Property to be acquired: .758 acres Improvements: Single family ranch Purchase Price: $67,000 Zoned: R3 Use: Single Family Residence Tax Value: $57,810 Tax Code: 113-133-12 E. Project: Master Plan Land Acquisition Owner(s): Timmerman Properties LLC Property Address: 7623 Frosch Road Property to be acquired: .886 acres Improvements: Warehouse Purchase Price: $220,000 Zoned: I1 Use: Warehouse/office Tax Value: $143,590 Tax Code: 113-143-07 F. Project: Master Plan Land Acquisition Owner(s): Janie Mae Tarlton Property Address: 8209 Hillcrest Drive Property to be acquired: .230 acres Improvements: Single family ranch Purchase Price: $35,000 Zoned: RMH Use: Single family residence Tax Value: $21,280 Tax Code: 113-103-12 G. Project: Master Plan Land Acquisition Owner(s): Betty J Clark Property Address: 8405 and 8201 Hillcrest Drive Property to be acquired: .593 acres Improvements: Ranch and vacant land Purchase Price: $45,000 Zoned: RMH Use: Single family residence and vacant land Tax Value: $30,910 Tax Code: 113-103-16 and 113-103-18 H. Project: Master Plan Land Acquisition Owner(s): Martha Faye Tarlton Property Address: 8120 and 8108 Hillcrest Drive Property to be acquired: 1.596 acres Improvements: Mobile home and vacant land Purchase Price: $43,000 Zoned: RMH Use: Single family residence and vacant land Tax Value: $32,550 Tax Code: 113-101-10 and 113-101-11 I. Project: Master Plan Land Acquisition Owner(s): Ralph and Gail Wood Property Address: 8028 Old Dowd Road Improvements: Mobile home Purchase Price: $80,000 Zoned: RMH Use: Single family residence Tax Value: $36,980 Tax Code: 113-104-01 J. Project: Master Plan Land Acquisition Owner(s): Tammy C Flowe Property Address: 8608 Trexler Avenue Improvements: Sincle family ranch Purchase Price: $79,000 Zoned: RMH Use: Single family residence Tax Value: $69,130 Tax Code: 113-104-05 K. Project: Graham Street Widening West 4th Street/West 5th Street, Parcel #1 Owner(s): Central Carolina Business District, LLC a North Carolina Limited Liability Company Property Address: 424 W. Trade Street Property to be Acquired: 5,054 sq.ft. (0.12 ac.) permanent easement plus 6,296 sq.ft. (0.14 ac.) temporary construction easement Improvements: Parking spaces Purchase Price: $253,456 Remarks: The areas are needed for street widening along Graham Street. Compensation amount is based on two independent, certified appraisals. Zoned: UMUD Use: Parking Lot Total Parcel Tax Value: $2,607,000 Tax Code: 078-054-01 L. Project: Graham Street Widening West 4th Street/West 5th Street, Parcel #3 Owner(s): LGP 4th & Trade, LLC, a North Carolina Limited Liability Company Property Address: 426 W. Fourth Street Property to be Acquired: 323 sq.ft. (0.01 ac.) permanent easement plus 1,335 sq.ft. (0.03 ac.) temporary construction easement Improvements: Parking spaces Purchase Price: $17,735 Remarks: The areas are needed for street widening along Graham Street. Compensation amount is based on two certified, independent appraisals. Zoned: UMUD Use: Parking lot Total Parcel Tax Value: $970,350 Tax Code: 073-113-02 M. Project: Bucknell/Chilton Storm Drainage, Parcel #15 Owner(s): Zachary Hains & wf., Susan Thomas Hains Property Address: 2619 Bucknell Ave. Property to be Acquired: 5,622 sq.ft. (0.13 ac.) permanent drainage easement plus 763 sq.ft. (0.02 ac.) temporary construction easement. Improvements: Trees and landscaping Purchase Price: $43,000 Remarks: The areas are needed for a storm drainage improvement project. Compensation is based on a certified, independent appraisal. Zoned: R-3 Use: Residential Total Parcel Tax Value: $230,290 Tax Code: 175-022-02 N. Project: Wilkinson Blvd. Improvements, Parcel #2 Owner(s): Janet R. Weir & A. Frank Weir, Jr. Property Address: 2479 Wilkinson Blvd. Property to be Acquired: 1,254 sq.ft. (0.030 ac.) Fee plus 597 sq.ft. (0.014 ac.) temporary construction easement Improvements: Sign, curbs Purchase Price: $20,300 Remarks: This area is needed for intersection improvements at Wilkinson Blvd. and Remount Road. A certified, independent appraiser established purchase price. Zoned: I-2 Use: Service Station/Commercial Total Parcel Tax Value: $114,910 Tax Code: 119-012-01 O. Project: Monroe/Sharon Amity Road Improvements, Parcel #71 Owner(s): 5212 Office Associates, Limited Partnership Property Address: 5212 Monroe Road Property to be Acquired: 276.42 sq.ft. (0.006 ac.) Fee plus 1,905.89 sq.ft. (0.044 ac.) temporary construction easement Improvements: Ornamental shrubs, small trees, asphalt driveway Purchase Price: $12,700 Remarks: This acquisition is needed for intersection improvements at Monroe Road and Sharon Amity Road. Acquisition price is based on current property values in the immediate area. Zoned: O-2 Use: Commercial/Strip Shopping Center Total Parcel Tax Value: $349,070 Tax Code: 161-108-31 P. Project: Beatties Ford 4 Lane Widening, Parcel #31 Owner(s): The Caesar Corporation, Inc. c/o Julius Cousar Property Address: 1116 Beatties Ford Road Property to be Acquired: 1,786 sq.ft. (0.041 ac.) permanent easement plus 21,300 sq.ft. (0.489 ac.) temporary construction easement Improvements: Building Purchase Price: $180,000 Remarks: The widening of Beatties Ford Road requires the demolition of a two-story commercial building. A certified, independent appraiser determined compensation. Zoned: B-1 Use: Office Total Parcel Tax Value: $214,170 Tax Code: 075-071-26 Condemnations: Q. Project: Graham Street Widening West 4th Street/West 5th Street, Parcel #2 Owner(s): Tom Nixon & wf., Laura K. Nixon & any other parties of interest Property Address: 439 - 41 W. Trade Street (vacant) Property to be Acquired: 6,682 sq.ft. (0.15 ac.) Improvements: Parking spaces Purchase Price: $329,350 Remarks: The area is needed for street widening along Graham Street. City staff has yet to reach an agreement with the property owner after numerous contacts and negotiations. The compensation amount is based on two certified, independent appraisals. Zoned: UMUD Use: Parking lot Total Parcel Tax Value: $489,830 Tax Code: 073-113-06 R. Project: Colony Road Extension Phase II, Parcel #19 Owner(s): Ronald Lee Strausborger & wf., Vickie Conklin Strausborger and any other parties of interest Property Address: 6631 Colony Road Property to be Acquired: 1,490 sq.ft. (0.034 ac.) temporary construction easement Improvements: None Purchase Price: $575 Remarks: A temporary easement is needed for construction of a sidewalk. After numerous meetings and negotiations, an agreement has yet to be reached with the property owner. The compensation amount is based on a certified, independent appraisal. Zoned: R-3 Use: Single-Family Total Parcel Tax Value: $169,740 Tax Code: 211-491-04 37. Minutes Action: Approve the titles, motions and votes reflected in the Clerk's record as the minutes of the: - September 27, 1999 Business Meeting - October 4, 1999 Workshop and Citizens Forum - October 11, 1999 Business Meeting Page 44 City Council Agenda November 8, 1999