Charlotte City Council Business Meeting - April 22, 2024

The Charlotte City Council held its regular business meeting on April 22, 2024, starting with an Action Review at 5:00 PM and followed by the Business Meeting at 6:30 PM. The council addressed consent items, public hearings, policy revisions, and received updates on Municipal Service Districts and the 'A Home For All' initiative. Key discussions centered on the city's procurement and MWSBE policies, specifically regarding change orders and open-ended contracts, leading to a referral for policy review. Several major items were approved, including a traffic signal maintenance change order (with opposition), an affordable housing funding package, and revisions to the Sustainable Facilities Policy.

Consent Calendar

• Item 16 (NCDOT Safety Project): Adopted a resolution supporting a safety project at The Plaza and Cove Creek Drive, fully funded by NCDOT, to improve left-turn safety. Approved unanimously.
• Item 18 (HVAC Cooperative Purchase): Approved a unit price contract with Automated Logic Corporation for HVAC equipment and installation, noting consistency with the city's 2030 Strategic Energy Action Plan (SEAP) goals.
• Item 19 (General Contractor Services): Approved contracts with eight firms for as-needed general contractor services for city facilities, with an estimated annual aggregate of $1,600,000. Five of the eight firms are certified MWSBEs; no contract goals were established due to lack of subcontracting opportunities.
• Item 20 (Public Auction for Surplus Equipment): After debate over a specific vehicle (a 2020 Ford Transit cargo van with 40,205 miles), the council voted to approve the original motion without amendment (mayor broke tie). The vehicle will proceed to auction. A separate referral will explore policies for donating surplus equipment to nonprofits.
• Item 21 (Tree Maintenance and Removal Services): Approved unit-price contracts with eight companies, including one MBE/SBE, for tree pruning, removal, and storm damage response. Estimated annual aggregate: $5,275,000. Council noted that only two MWSBEs responded to outreach to 75 firms.
• Item 22 (Electrical Equipment Parts): Approved a sole-source contract with Benshaw, Inc. for proprietary electrical parts and services for Charlotte Water, citing compatibility needs. Annual expenditures estimated at $1,000,000.
• Item 23 (Industrial Protective Coatings): Approved contracts for on-call coating and concrete repair at water facilities, with one WBE included. Estimated $1,400,000 annually.
• Item 24 (Water Main Replacement): Approved a guaranteed maximum price of $13,198,762 for Phase 2 of the Zone 2 Water Replacement project (32,000 linear feet). The total projected cost across all phases is $25 million, with a combined MWSBE commitment of $2.9 million (11.6%). Several council members questioned the overall participation percentage and suggested improved upfront phase planning.
• Item 25 (Transit Survey Research): Approved a contract with Jackson Insight for customer satisfaction and employee surveys, with an SBE sub commitment of $113,400 (16.2% of total).
• Item 26 (Airport Civil Engineering): Approved six civil engineering contracts for terminal, cargo, and airfield projects, total estimated $35 million over four years. Each prime consultant identified one or more MWSBE/DBE firms; a DBE goal will be set per task order.
• Item 27 (Airport Rental Car Facility Management): Approved a five-year contract with Conrac Solutions Operators, LLC for consolidated rental car facility management, with a 33% MWSBE commitment ($4.2 million). Councilmember Watlington praised the airport's performance on inclusion.
• Item 28 (Airport Overlook Relocation Change Order): Approved a $699,211 change order for additional water line, lighting, and public amenities. All work will be performed by the existing contractor and subs.
• Item 30 (Terminal Renovation Design): Approved a $10,251,200 design contract with C Design Inc. for the Concourses D/E connector renovation, with 14.82% MWSBE participation.
• Item 31 (Tree Canopy Preservation): Approved $1.2 million purchase of a 1.68-acre parcel on North Tryon Street containing mature hardwood forest. The Tree Canopy Preservation Program has acquired 330 acres to date.
• Item 32 (Oak Lake Townhomes Annexation): Set a public hearing for May 28, 2024, for the voluntary annexation of a 12.95-acre site (82 townhomes).
• Items 33-36 (Property Transactions): Approved acquisitions for aviation mitigation (airport), and three storm drainage easements on Severn Avenue, all totaling under $500,000.

Public Comments & Testimony

• Greenway Safety: Jesus Delatora and Lisa Landrum (representing the running community) reported multiple recent attacks and asked the council to advocate with the county for better safety measures, including cameras, citing Mount Holly's example.
• Taboo Lounge Noise: Gabriel Sarmento detailed noise violations from a club on West Trade Street, claiming readings above 110 decibels and difficulty enforcing Mecklenburg County noise rules. He requested council investigation.
• Animal Services: Patrick Madsen, Amy Dong, and Jennifer Yance urged the council to make Animal Care & Control an independent department and fund a new shelter, noting Charlotte ranks 67th out of 100 cities for animal welfare and second in the state for euthanasia rates.
• Oakdale Landfill Opposition: Fifteen residents spoke against the proposed landfill in the Oakdale area, describing truck traffic, blasting, and the loss of property values. They thanked council for passing a UDO amendment banning future residential landfills and asked for continued legal fight against the approved variance. Several speakers called for a cease-and-desist during the appeal.
• CATS Community Safety Ride: LaJason Love shared a proposal for a May 4 community safety ride on CATS buses to gather data and show support for Ethan Rivera's mother.
• Sustainable Facilities Policy: Denise Carter (Climate Leaders) thanked council for the revised policy requiring all-electric new buildings and urged retrofits.

Discussion Items

• Municipal Service Districts Updates: SouthPark MSD Director Adam Roo presented the district's progress, including 25,000 attendance at the free concert series, a pilot microtransit shuttle, and the SouthPark Forward 2035 vision plan outlining $250 million in public-realm projects. University City Partners CEO Keith Stanley highlighted new staff, small business engagement (door-to-door outreach to 4,700 businesses), Vanguard's move reducing office vacancy from 24% to 18%, and partnership with UNC Charlotte. Council members praised both MSDs and discussed the importance of leveraging small businesses, the university, and the lake at University Place.
• A Home For All Update: Sean Heath (City Manager's Office) and Catherine Sellers (United Way) presented the initiative's four pillars: emergency response (unsheltered population), prevention, production (affordable housing), and system navigation. Proposed FY25 investments include $7M for a new emergency shelter, $1.5M for critical home repair, $200K for eviction legal aid, and an undefined amount for landlord recruitment and rental assistance, using leftover ERA2 funds. A $130,000 contract manager position for the United Way was also presented as a financial partner request. Council members raised concerns about the process (bypassing committee), the role of the United Way, and the effectiveness of legal aid for evictions (addressing symptoms vs. root causes). Several members demanded that the item return to the Housing & Safety Committee before full council action.
• Traffic Signal Change Order CBI Policy: During consideration of Item 17, council members Mayfield, Watlington, Ajmera, and others criticized a $3.2 million change order (over 100% increase) for having only a 2.1% MWSBE commitment. After a substitute motion to defer failed, the item was approved (5-4 vote) with a commitment to refer the issue of change-order thresholds to the council's CBI policy review.

Key Outcomes

• Traffic Signal Change Order (Item 17): Approved (5-4) after debate. Council will pursue a broader policy discussion on MWSBE participation in large change orders.
• Sustainable Facilities Policy (Item 12): Approved unanimously. Requires all new city buildings to be all-electric, incorporate geothermal HVAC, and pursue LEED certification.
• Affordable Housing Support (Item 15): Approved unanimously, allocating $5,362,000 from the Housing Trust Fund for four developments (140 rental units, 19 homeownership units) and $3,060,000 for transit-oriented development land acquisition at 140 Dorton Street.
• Water/Sewer Revenue Bonds (Item 14): Approved unanimously, authorizing up to $610 million in bonds and $500 million in bond anticipation notes for infrastructure improvements without a rate increase.
• Parkwood Church Historic Landmark (Item 8): Public hearing closed; ordinance adopted designating the church as a historic landmark.
• Kelly Woods Annexation (Item 9): Approved without discussion.
• Alley Closure (Item 10): Public hearing closed; a new resolution reflecting community and developer agreements will be brought for vote on May 13.
• Arbor Day Proclamation: Read by Mayor Lyles. The 2024 Crown Tree Awards were presented to five winners, including Park Road Montessori School as Mayor's Tree of the Year.
• Closed Session: Council voted to go into closed session to discuss pending litigation (tobacco litigation and Kenos vs. City of Charlotte).
• Policy Referrals: Council committed to (1) review CBI policies for change order thresholds and open-ended contracts, (2) explore a formal process for donating surplus vehicles to nonprofits, and (3) continue the A Home For All discussion at the Housing & Safety Committee.